Business Innovation Stream (Subclass 188A & 888A)

Subclass 188A: Business Innovation and Investment (Provisional) Visa

Business Innovation Stream

Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation stream is a provisional visa which leads to permanent residency after residency requirements and other requirements stipulated in Subclass 888 Business Innovation and Investment (Permanent) visa in the Business Innovation stream are met.

Subclass 188 visa in the Business Innovation stream is for applicants with an overall successful business career with a realistic and genuine commitment to establish, manage and maintain a substantial ownership interest in a new or an existing qualifying business in Australia.

Stay Period

4 years and 3 months from the visa grant date.

Apply from...

All applicants may be in or outside Australia, but not in immigration clearance to apply for this visa and to be granted this visa.

Each applicant in Australia when applying for this visa must hold:
  • a substantive visa; or
  • a Subclass 010 Bridging A visa; or
  • a Subclass 020 Bridging B visa; or
  • a Subclass 030 Bridging C visa

with no condition(s) attached to the visa that prevent the applicant from applying this visa in Australia.
To make a valid application for Subclass 188A visa and/or be granted this visa, the following sets of criteria must be met:
Business Ownership
In any 2 of the 4 fiscal years before receiving invitation to apply for visa, the main applicant must had an ownership interest in one or two established main business(es) that had an annual turnover of at least AUD 500 000 in each of those years.

Annual turnover figure requirement can be combined from the main applicant’s ownership stake in one or two main business(es). However, the main applicant must:
  • have maintained direct and continuous management in the main businesses
  • have an ownership interest of at least:
    • 51% of the total value of any of the main businesses if the turnover is less than AUD 400 000 or
    • 30% of the total value of any of the main businesses if the turnover is AUD 400 000 or more or
    • 10% if the main business is a publicly listed company
    and the business must be a qualifying business.
Annual turnover of any of the main businesses can only be included if that particular business is owned for a full fiscal year.

For at least 2 out of the 4 fiscal years immediately before receiving invitation to apply for visa, if the business provides professional, technical or trade services, the applicant must have spent less than half of the time personally providing those services, other than general management of the business. This requirement is to identify applicants who have been successful in managing and developing a business using business skills, as opposed to directly engaged in the provision of the services itself.
Personal & Business Assets
Either the main applicant, the main applicant’s spouse or de facto partner, or both together must have total business and personal assets with a net value of at least AUD 800 000 which are lawfully acquired and available for transfer to Australia to commence business activity in Australia within 2 years after the grant of a Subclass 188A visa.
State Nomination & Skillselect Invitation
The main applicant must be nominated by an Australian State or Territory Government Agency and subsequently being invited to apply for this visa by the Australian Department of Home Affairs.

Please be aware that each Australian State or Territory Government Agency has different sets of criteria to be met for nomination to be approved.
Points Test
The main applicant must score at least 65 points on the points test in order to receive invitation to apply for this visa.

Please note some states or territories have higher minimum points score requirement in order to be nominated.
Age Requirement
The main applicant must be under 55 years old at the time of receiving invitation for visa application.
Age limit may be exempted on a case-by-case basis in which the applicant is proposing to establish or participate in business or investment activity that the nominating State or Territory government agency has determined is of exceptional economic benefit to the State or Territory in which the agency is located.
Have Functional English
All applicants aged 18 years old and above (at the time of application) must either have at least functional English or will be asked to pay for the second instalment of the visa application charge prior to visa grant.
Genuine Commitment to Establish or Maintain Qualifying Business(es) in Australia
The primary applicant must genuinely has a realistic commitment to establish a new qualifying business or participate in an existing qualifying business in Australia in a manner that benefits the Australian economy.

The primary applicant will also need to maintain a substantial ownership in those qualifying business(es).
Not Have a History of Involvement in Unacceptable Activities
The primary applicant, and the primary applicant’s spouse/de facto partner, must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
The following persons can apply for this Subclass 188A visa:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
  • the member of family unit of the Primary Applicant, e.g.: spouse/de facto partner and children who are still dependent on the Primary Applicant or the spouse/de facto partner of Primary Applicant
Each applicant in Australia when applying for this visa must hold:
  • a substantive visa; or
  • a Subclass 010 Bridging A visa; or
  • a Subclass 020 Bridging B visa; or
  • a Subclass 030 Bridging C visa

with no condition(s) attached to the visa that prevent the applicant from applying this visa in Australia.
FactorDescriptionPoints
Age18–24 years old20
25–32 years old30
33–39 years old25
40–44 years old20
45–54 years old15
55 years old and older0
English Language AbilityVocational English5
Proficient English10
Educational QualificationsTrade certificate, diploma or bachelor degree by an Australian education institute; or a bachelor qualification recognised by an educational institution of a recognised standard5
A bachelor's degree in business, science or technology by an Australian institution; or a bachelor qualification in business, science or technology by an educational institution of a recognised standard10
Financial AssetsNet business and personal assets of you, your partner or you and your partner combined in each of the preceding 2 fiscal years of at least:
Not less than AUD 800,0005
Not less than AUD 1.30 million15
Not less than AUD 1.80 million25
Not less than AUD 2.25 million35
Business TurnoverYou had an ownership interest in one or more main businesses that had an annual turnover in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa:
Not less than AUD 500,0005
Not less than AUD 1.00 million15
Not less than AUD 1.50 million25
Not less than AUD 2.00 million35
Business experience (Business Innovation stream only)You have held 1 or more main businesses before you were invited to apply for the visa for:
Not less than 4 years within the preceding 5 years10
Not less than 7 years within the preceding 8 years15
Business Innovation QualificationsPatents or designs registered not less than 1 year before that time and used in the day to day activities of the main business15
Trademarks registered not less than 1 year before that time and used in the day to day activities of the main business10
An ownership in and day to day participation in the management of one or more main business operated under a formal joint venture agreement(s) entered into no less than 1 year before the time5
An ownership interest in a main business(es) that derives no less than 50% of its annual turnover from export trade15
An ownership interest in a main buisness(es) not more that 5 years before:
  • had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years;
  • and
  • in at least one of the 3 fiscal years employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full-time employees
10
An ownership interest in a main business(es) that received:
  • a grant from a government body in your home country of at least AUD 10,000 for the purposes of early phase start up of a business, product commercialisation, business development or business expansion;
  • or
  • venture capital funding of at least AUD 100,000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion
10
Special EndorsementThe nominating State or Territory government agency has determined that your proposed business is of unique and important benefit to the State or Territory where the nominating government agency is located10
The following condition(s) might be attached to this visa:

Condition 8515 - Must not marry or enter into a de facto relationship before entering Australia

If this visa is granted when the secondary applicant is outside Australia, the holder of this visa must not marry or enter into a de facto relationship before entering Australia.

This condition usually applies to secondary applicant(s) who are not married or in a de facto relationship and are still dependent on the primary visa applicant prior to visa grant. For example, child of primary visa applicant who is also a secondary applicant for this visa must not married or enter into a de facto relationship prior to entering Australia for the first time.

Breaching this visa condition will render the said visa with the condition 8515 subject to cancellation.

Subclass 888A: Business Innovation and Investment (Permanent) Visa

Business Innovation Stream

Subclass 888 Business Innovation and Investment (Permanent) visa in the Business Innovation stream is a permanent visa which allows primary applicants with eligible visa to continue their business/investment activity and live in Australia permanently.

Eligible visas include:
  • Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation stream (Subclass 188A); or
  • Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation Extension stream (Subclass 188A Extension); or
  • Subclass 444 Special Category visa; or
  • In limited cases, Subclass 457 Business (Long Stay) visa granted on the basis that the applicant is the primary visa holder or current/former spouse/de facto partner of the primary visa holder

Stay Period

Indefinitely with 5-year travel facility after which you may need to apply for Subclass 155 or 157 Resident Return visa to extend your travel facility.

Apply from...

All applicants may be in or outside Australia, but not in immigration clearance to apply for this visa and to be granted this visa.

Applicants applying in Australia mustn't hold visa with condition(s) that prevent them to apply for this visa onshore in Australia.
To make a valid application for Subclass 888A visa and/or be granted this visa, the following sets of criteria must be met:
Residence Requirement
The applicant has been in Australia, for a total period of at least one year in the 2 years immediately before the application is made, as the holder of any of the following visas:
  • Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation stream (Subclass 188A); or
  • Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation Extension stream (Subclass 188A Extension); or
  • Subclass 444 Special Category visa; or
  • In limited cases, Subclass 457 Business (Long Stay) visa granted on the basis that the applicant is the primary visa holder or current/former spouse/de facto partner of the primary visa holder
Active Ownership & Management of Business(es) in Australia
During the 2 years immediately before lodging this visa application, the primary applicant must had ownership interest in up to 2 main businesses and continues to have an ownership interest in the actively operating main business. Besides, the applicant must have maintained direct and continuous involvement in management of the business(es).

In cases where a main business was acquired from an owner or part-owner whom, at the time of acquisition, has applied for or held:
  • a Subclass 888 Business Innovation and Investment (Permanent) visa; or
  • a Subclass 890 Business Owner visa; or
  • a Subclass 891 Investor visa; or
  • a Subclass 892 State/Territory Sponsored Business Owner visa; or
  • a Subclass 893 State/Territory Sponsored Investor visa,

the current primary applicant must have co-owned the business with that person for at least 1 year before application for this visa can be made. Generally speaking, the current applicant and that person must held at least 30% share in the business.
Annual Business Turnover
The annual turnover of the main business(es) of the primary applicant, the primary applicant’s spouse or de facto partner, or both together, must be more than AUD 300 000 in the 12 months immediately before the application was made.

This criterion will also be met if Assets and/or Number of FTE Employees criteria are met and the nominating State or Territory government agency has determined that there are exceptional circumstances for not being able to meet this turnover requirement.
Assets and/or Number of FTE Employees
In the 12 months immediately before lodging this visa application, at least 2 of the following has to be met:
  • Assets of Main Business(es) in Australia

    The assets of the main business(es) in Australia owned by the primary applicant, the primary applicant’s spouse or de facto partner, or both together, had and continue to have a net value of at least AUD 200 000.
  • Business & Personal Assets in Australia

    The business and personal assets owned by the primary applicant, the primary applicant’s spouse or de facto partner, or both together in Australia, had and continue to have a net value of at least AUD 600 000.
  • Full-time equivalent Employees of Main Business(es) in Australia

    The main business(es) of the primary applicant, the primary applicant’s spouse or de facto partner, or both together in Australia, has provided employment to 2 or more full-time equivalent employees who are either Australian citizens, Australian permanent residents or holders of valid New Zealand passports (the employees must not be the applicant him/herself or the applicant’s member of the family unit).
These criteria will also be met if the Annual Business Turnover criterion is met and the nominating State or Territory government agency has determined that there are exceptional circumstances for not being able to meet these requirements as the applicant resides and operates main business(es) in regional areas of Australia.
State Nomination & Skillselect Invitation
The main applicant must be nominated by an Australian State or Territory Government Agency and subsequently being invited to apply for this visa by the Australian Department of Home Affairs.

Please be aware that each Australian State or Territory Government Agency has different sets of criteria to be met for nomination to be approved.
Have Functional English
Secondary applicants aged 18 years old and above (at the time of application) and has not previously paid a second instalment of the visa application charge in relation to an application for a Subclass 188 Business Innovation and Investment (Provisional) visa, must either have at least functional English or will be asked to pay for the second instalment of the visa application charge prior to visa grant.
Genuine Commitment to Maintain Business Activities in Australia
The applicant genuinely has a realistic commitment to continuing his/her business or investment activities in Australia.
Not Have a History of Involvement in Unacceptable Activities
The primary applicant, and the primary applicant’s spouse/de facto partner, must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
The following persons can apply for this Subclass 888A visa:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant") and holds any of the following visas:
    • Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation stream (Subclass 188A); or
    • Subclass 188 Business Innovation and Investment (Provisional) visa in the Business Innovation Extension stream (Subclass 188A Extension); or
    • Subclass 444 Special Category visa; or
    • In limited cases, Subclass 457 Business (Long Stay) visa granted on the basis that the applicant is the primary visa holder or current/former spouse/de facto partner of the primary visa holder
  • the member of family unit of the Primary Applicant, e.g.: spouse/de facto partner and children who are still dependent on the Primary Applicant or the spouse/de facto partner of Primary Applicant
The following condition(s) might be attached to this visa:

Condition 8515 - Must not marry or enter into a de facto relationship before entering Australia

If this visa is granted when the secondary applicant is outside Australia, the holder of this visa must not marry or enter into a de facto relationship before entering Australia.

This condition usually applies to secondary applicant(s) who are not married or in a de facto relationship and are still dependent on the primary visa applicant prior to visa grant. For example, child of primary visa applicant who is also a secondary applicant for this visa must not married or enter into a de facto relationship prior to entering Australia for the first time.

Breaching this visa condition will render the said visa with the condition 8515 subject to cancellation.

If you are ready to commence your life in Australia, contact Ausdirect Migration today at 1800 462 188.

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