FAQ

We are asked many questions so we have summarised the most frequent here. If you need more information, let us know.

We’ll make sure you are fully informed about your most appropriate visa options and the process for applying for them. During this consultation we’ll:

 

  • discuss your immigration goals and your personal circumstances in detail
  • advise you on the visa applications that most closely match your goals
  • outline the application process including timelines and documents required
  • provide a written copy of our advice

It is possible to be eligible for several visa types. Depending on your situation and immigration goals, you may qualify for a number of visas including, Employer Sponsorship, General Skilled or Business Migration or Student visas.

We can assess your options and advise you on your most appropriate immigration pathway.  We’ll support you through every step of this a complex process.

Book a consultation with one of our skilled migration agents.

We can arrange a conference call with you and your sponsor and/or additional phone calls. Where practical we can also arrange to visit your sponsor’s business. We will never take on a case until we’ve established it has a significant chance of succeeding.

Uncertain about your chances of success? We can help to clarify them.

Business Innovation & Investment Subclass 188 is 4-year temporary visa for investors and business owners who wish to establish businesses in Australia.

Duration and Conditions

Once you have held an Australian investment for 4 years or own all or part of an Australian business, you can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa.

You can also apply for a 2-year extension after you have held the subclass 188 visa for 3 years to give temporary immigration status for 6 years from the date of grant of your original visa.

Applying in Australia or Overseas

You can lodge an application in Australia or overseas using the online SkillSelect system.

If you apply from Australia, you must already hold a substantive visa or a Bridging A, B or C visa.

Obtaining State/Territory Nomination

You must be nominated by an Australian State or Territory government to be eligible for this visa.

Applicants must meet the following criteria:

  • Nominated by a state or territory government
  • Invited to apply through SkillSelect
  • Be under 55 years of age, unless the nominating state or territory certifies that you will make an exceptional economic contribution
  • Meet the pass mark in the Business Innovation and Investment Points test (currently 65)
  • Have evidence of a successful career in business or investment

Business Innovation Stream Requirements

If you are applying through the Business Innovation Stream, you will need to have owned a business and plan to establish business operations in Australia. You will need to show:

  • Ownership of a business with a turnover of at least AUD 500,000 for 2 of the last 4 fiscal years.
  • Net personal and business assets of at least AUD 800,000

Investor Stream Requirements

You will need to show that you have

  • managed investments or owned a business and are
    • are willing to invest AUD 1.5 million in Australian State or Territory Government bonds
    • have showed a high level of management skill over 3 years of managing a qualifying business or “eligible investments”
  • had business and personal net assets of at least AUD 2.25 million for the last 2 fiscal years
  • can make an investment of AUD 1.5 million in Australian State or
  • have for at least 1 of the last 5 fiscal years either:
    • Managed a business in which you hold a 10% shareholding
    • Managed “eligible investments” of at least AUD 1.5 million

What are ‘Eligible investments’?

Investor Stream options  include:

  • Ownership interests in a business
  • Cash on deposit
  • Stocks or bonds
  • Real estate
  • Gold or bullion
  • Loan to a business

NOTE: Business immigration can be complex on many levels and you may qualify under a number of different categories

If you would like a comprehensive assessment of your eligibility, we invite you to book an appointment with our business migration specialists.

We consult with our overseas and Australian clients by phone or Skype. These consultations provide the exact same value as a face-to-face meeting.

Book a phone or Skype consultation now.

We operate locally and internationally in multiple languages and diverse cultures with one single aim – to find your ultimate immigration solution.

Our teams of skilled migration agents are also industry experts who know your business. They can advise and guide you as you build a successful career or a new enterprise in Australia.

We’re experts in immigration law and systems. In almost 20 years of experience on three continents, we’ve steered thousands of complex immigration cases to successful outcomes.

Finally, but perhaps most importantly, we put people first. We’ll support you through the stress that surrounds the exciting and uncertain process of starting your immigration adventure.

If you hold a Business Innovation and Investment Provisional Visa Subclass 188 you have the option to apply for permanent residence under this visa.

Your application type will depend on which provisional visa stream you qualified for originally. This will be either the:

  • Business Innovation Stream: where you will have established a business in Australia and met government requirements for asset holdings and turnover
    OR
  • Investor Stream: where you will have invested in Australian bonds for 4 years

Applying in Australia or overseas

You can apply via the Internet in Australia or overseas. In general, you must be the primary visa holder for your current subclass 188 Provisional Business Innovation and Investment Visa.

Obtaining State/Territory Nomination

You must be nominated by an Australian State or Territory government to be eligible for this visa.

Applicants must meet the following criteria:

  • nominated by the state or territory government who nominated you for the subclass 188 visa, unless you have obtained permission to change State or Territory
  • show that you are committed to maintaining your Australian business or investments
  • have complied with all Australian Commonwealth, State and Territory laws

Additional standard requirements for Business Innovation Stream applicants

You must have:

  • owned a business and be intending to establish business operations in Australia
  • been residing in Australia for at least 1 of the 2 years prior to application
  • had an ownership interest in an Australian business for the last 2 years
  • have an ABN and have lodged the required Business Activity Statements (BAS) for the last 2 years
  • have a business turnover of at least AUD 300,000 for the last 12 months.

NOTE: If you live and run your business in a regional area you may be exempt from this requirement if the relevant State or Territory Government indicates there are exceptional circumstances

The two out of three rule

You must also meet 2 of the following 3 criteria for the 12 months prior to you application. You r business must:

  • have net assets of at least AUD 200,000
  • have net personal assets of at least AUD 600,000
  • employ two full-time equivalent employees who cannot be relatives but must be Australian permanent residents, citizens or NZ passport holders

Additional standard requirements for Investor Stream applicants

You must have:

  • resided in Australia for at least 2 of the last 4 years
  • maintained your AUD 1.5 million investment in Australian State or Territory Bonds for a continuous period of 4 years

NOTE: Applying to convert your temporary 188 visa to a permanent residency 888 visa can be complex.

If you would like a comprehensive assessment of your eligibility, we invite you to book an appointment with our business migration specialists.

Before your business can sponsor employees for 482 visas you will need to qualify as a Standard Business Sponsor.

What are the criteria?

To qualify your business must:

  • have an established structure such as and a company, a trust or a partnership with a registered business name
  • be financially sound
  • conduct training activities that meet the Department of Immigration standards
    NOTE If your business operates branches outside of Australia they are exempt from this requirement)

How long is my SBS valid?

SBS is generally approved for 5 years except for:

  • new businesses that have been operating for under 12 months – in this case your SBS and any approved 482 visas are valid for a maximum of 18 months

How many employees can I sponsor?

Establishing your SBS eligibility can be challenging. Especially if your business:

  • is a recent start-up still to establish a solid financial track record
  • struggling to document training records
  • has many established overseas employees

If you would like a comprehensive assessment of your eligibility, we invite you to book an appointment with our Employer Sponsorship specialists.

The 8107 Work Condition covers employment conditions for approved 482 visa holders.

This rule says  that as a 482 holder you:

  • can only work for your nominating employer in the occupation listed on your nomination
  • must commence work within 90 days of arriving in Australia to avoid breaching condition 8107.

NOTE: If you need registration or a license to work in your occupation in Australia, you must arrange this before you start work.

If you end your employment you have 90 days before you risk cancellation of your visa

Are there any exceptions to the rule?

The 8107 Work Condition is not applied if you are:

  • employed as a general manager or medical practitioner
  • need to serve out a notice period with a previous employer
  • are an “associated entity” of the sponsor – this status covers subsidiaries, parents and sibling companies

Is there a process for changing jobs without applying for a new 482 visa?

Yes – here’s how it works.

ABC Company employed you on a 482 visa. However you have found a new job with Company XYZ:

  1. Company XYZ applies to nominate you
  2. Once the nomination is approved, you can work for Company XYZ without needing to apply for a new 482

NOTE: Once your new nomination is approved you can give notice to Company ABC and work for the agreed notice period before moving to Company XYZ.

It’s important not to give notice too soon in case your new nomination takes some time to finalise. Be careful not to risk breaching the 90 day limitation for being out of work.

You will need to prove that your English meets the level set for the type of visa you are seeking.

The first step is to work out with of the following 5 levels applies to you:

  • Superior English: 20 points in the General Skilled Migration (GSM) points test
  • Proficient English: 10 points in the General Skilled Migration GSM points test
  • Competent English: threshold requirement for General Skilled Migration and ENS/RSMS Direct Entry
  • Vocational English: threshold requirement for ENS/RSMS Temporary Residence Transition Stream
  • Functional English: for secondary applicants (family members etc.) who do not wish to pay an English Language Charge

When do I need to take a test?

While this will vary based on the type of visa you are seeking, most skilled and business migration applications ask you to take an English test at the time they issue your invitation.

NOTE: It can take time to book your test and get the results. Plan to sit your test well before you are likely to be asked for the results.

How long are my test results valid?

The Department of Immigration accepts test results from up to 3 years prior to your application.

NOTE: Tests for Functional English are an exception. You must produce results done no older than 12 months prior to your application

Which English tests are acceptable to the Department of Immigration?

The IELTS test is the most common means of proving your language ability. The Department of Immigration accepts the Academic or General Training versions of the IELTS test. However, some skills assessing bodies require you to sit the Academic version.

You will need to obtain the minimum IELTS score you need in each band of the test (Reading, Writing, Listening, Speaking) in a single sitting.

Medical and allied health practitioners who need to demonstrate proficient and superior English can take the Occupational English Test (OET)

The Pearson Academic Test of English (Pearson PTE) and TOEFL Internet Based Test (TOEFL iBT) are now recognised by most state and territory governments and accepted for all skilled subclasses and some skills assessment bodies.

Since January 2015.The Cambridge Test of English is also acceptable

We can advise you on the levels and types of English testing you need during a comprehensive assessment of your eligibility. We invite you to book an appointment with our business migration specialists.

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