Business Migration to Australia

kangaroo, marsupial, mammal

Business Migration to Australia

Are you thinking about migrating to Australia through purchasing an established business, or migrating to Australia as a business owner or investor? 

There are a number of visa options to consider for business people and their employees. Choosing the correct one will depend on your circumstances and developing a plan, with the correct advice will ensure that you meet the relevant criteria.  Business Migration can be very complex, especially in the early stages of assessing your circumstances against the relevant visa criteria. 

Contact Kelleher Migration for a detailed preliminary assessment of your likely eligibility for business migration.

Temporary Visa Categories:

There are many categories that might apply to your visa situation, on this page, we will discuss the following:

  • Business Innovation and Investment (Provisional) Subclass 188 Visa
  • Business Visitor Visas
  • Business Talent Visas
  • Business Innovation and Investment subclass 888 Visa
  • Subclass 188 Business Innovation and Investment Provisional Visas
  • Business and Innovation Stream 188A
  • Investor Stream 188B
  • Significant Investor Subclass 188 Visas
  • Premium Investor Subclass 188 Visas
  • Entreprenuer Visa Subclass 188

Book Your Free Consultation

Unlike many other migration or law firms, we do NOT charge by the hour. In-fact even your initial consultation is a fixed fee and not time-limited! Just another way we care about you.

Temporary Business Visas

Business Innovation and Investment (Provisional) Subclass 188 Visa

This visa is a 4-year provisional (temporary) visa that may be suitable business owners and investors. There are 5 different streams including Business Owner, Investment Linked, Significant Investor, Premium Investor and Entrepreneur.

Business Visitor Visas

This visa is for visits of up to 3 months or less and will allow the visa holder to explore business opportunities in Australia or attend business related meetings. 

Business Talent Visas 

Business Talent (Migrant) visas are permanent visas and granted to people with a proven track record as owners in successful business operations or as people with successful Venture Capital funding in Australia. overall successful business career as the owner of a business or people with Venture Capital funding in Australia. Applying for a temporary visa prior to applying for a Business Talent Visa is not necessary.

Business Innovation and Investment subclass 888 Visa

This visa is the second stage of the temporary Subclass 188 Provisional Business Innovation and Investment. This visa requires applicants to have either maintained an investment in bonds or show that they have established their business in Australia.

At any stage of your enquiry Kelleher Migration can refer you to experts in your field who can assist with advice on your proposed business operations in Australia. 

Please contact Kelleher Migration if you need advice on starting a business in Australia. 

Subclass 188 Business Innovation and Investment Provisional Visas

The Business Innovation & Investment Subclass 188 visas is valid for up to 4 years and suitable for business owners and investors who wish to establish their operations in Australia.  

There are 5 eligibility streams to choose from. They are:

  • A Business Innovation:  suitable for business owners who wish to establish a business in Australia. 
  • B Investor:  for potential applicants who are seeking to invest $1.5 million in Australian state or territory bonds.
  • C Significant Investor:  for potential applicants seeking to invest $5 million into specific complying investments in Australia
  • D Premium Investor:  for potential applicants who are willing to invest at least $15 million into specific complying investments in Australia.
  • E Entrepreneur:  for potential applicants who can show a funding agreement with a third party of at least $200,000 to undertake complying entrepreneurial activities.

There are also a number of Business Migration visa options

Business and Innovation Stream 188A

This is a 4 year temporary visa that leads to the permanent visa, the Business and Innovation and Investment Visa, subclass 888.  

The subclass 188A also provides an opportunity for a 2-year extension, once you have held the 188A visa for at least three years.  Thereby allowing you a total of 6 years from the date of the grant of your original visa. 

Making an Application

You can be either be onshore in Australia or offshore  when lodging this application.

If  applying in Australia you musty already hold a visa (this is referred to as a substantive visa) a Bridging Visa  A, B or C visa.

Visa Criteria

The Business Innovation Stream visa requires you to either own a business or intend to establish your business operations in Australia.  The following criteria must be met:

  • Ownership of a business with turnover of at least AUD 500,000 for at least 2 of the last 4 fiscal years; and
  • Net personal and business assets of at least AUD 800,000; and
  • You must be under 55 years of age, unless the nominating state or territory certifies that you will make an exceptional economic benefit; and
  • Meet the pass mark in the Business Innovation and Investment Points test (currently 65)
  • Have an overall successful career in business

State/Territory Nomination

This visa is only available to applicants who have been nominated by an Australian State or Territory government. Nomination will require the applicant to lodge an Expression of Interest through the Department of Home Affairs SkillSelect portal.

Meeting the Requirements for Permanent Residence, Business Innovation and Investment Subclass 888

  • You have held you subclass 188A visa in Australia for at least 12 months, within the 2 years prior to lodgement
  • You have owned and operated a business in Australia for at least 2 years prior to lodgement with annual turnover of at least $300,000 for the 2 of the last 4 years.
  • You and/or your partner must meet two of the following three criteria for the last 12 months:
    • Assets of at least $200,000 in the business
    • Net personal and business assets of at least $600,000 in Australia
    • Employed at least two Australian full-time employees in your business in Australia

If you would like us to check your likely eligibility for business migration or if you would like us to assist you with your application, you can Contact Kelleher Migration

Book Your Free Consultation

Unlike many other migration or law firms, we do NOT charge by the hour. In-fact even your initial consultation is a fixed fee and not time-limited! Just another way we care about you.

Investor Stream 188B

Duration and Conditions

This is a 4 year temporary visa. Once you have maintained an investment in Australia for 4 years, you can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa.

Do I Apply in Australia or Overseas?

You can either be in Australia or overseas when you lodge your application.

If you are in Australia, you must hold a substantive visa or a Bridging A, B or C visa.

Visa Criteria

This option requires you to have managed investments or owned a business, and to be willing to invest AUD 1.5 million in Australian State or Territory Government bonds. Specific criteria include:

  • You have had business and personal net assets of at least AUD 2.25 million for the last 2 fiscal years
  • Under 55 years of age, unless the nominating state or territory certifies that you will make an exceptional economic benefit; and
  • Meet the pass mark in the Business Innovation and Investment Points test (currently 65)
  • You must make an investment of AUD 1.5 million in Australian State or Territory bonds prior to grant of the visa
  • You have 3 years of experience either managing a qualifying business or “eligible investments”, and have showed a high level of management skill
  • For at least 1 of the last 5 fiscal years, you have either:
    • Managed a business in which you hold a 10% shareholding; or
    • Managed “eligible investments” of at least AUD 1.5 million

“Eligible investments” for the purposes of the Investor Stream include:

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

State/Territory Nomination

This visa is only available to applicants who are nominated by an Australian State or Territory government. To be nominated, you must lodge an Expression of Interest (EOI) through the SkillSelect system.

Eligibility for Permanent Residence

To qualify for a permanent Business Innovation & Investment (Residence) Subclass 888 visa, you would need to meet the following criteria:

  • You have been in Australia on your subclass 188B visa for at least 2 years, within the 4 years prior to lodgement
  • Maintained your investment in Australian State or Territory bonds for the last 4 years.

Note that business migration can be extremely complex, and even determining whether you have a good chance of qualifying can be difficult. In addition, you may be able to qualify in a number of different business migration categories.

If you would like us to check your likely eligibility for business migration or if you would like us to assist you with your application, you can book a consultation through our website. We will then provide you with a comprehensive preliminary assessment of your likely eligibility for business migration, and can discuss with you the best way to proceed with your application.

Significant Investor Subclass 188 Visas

This 4 year temporary visa is another of the streams within the subclass 188 Business Innovation and Investment visa. Designed for  investors seeking to invest AUD 5 million in Australia. When you have maintained an investment in Australia for 4 years, you can apply for permanent residence through the Business Innovation and Investment subclass visa subclass 888. 

Visa Criteria 

The applicant will be required to stay at least 40 days per year in Australia on a significant investor visa in the four year period that the visa is granted for.  The applicant must also be sponsored by a state or territory government in order to qualify for the subclass 888 visa.

A 2-year extension can be applied for and the applicant is allowed two extensions only.

The applicant can be either in Australia or overseas at the time of application. 

If applying in Australia the applicant must already hold a valid visa (also referred to as a substantive visa) or a bridging visa A, B or C. 

Applications can only be lodged via the Department of Immigrations online SkillSelect portal.

This visa is only available to applicants who have been approved (nominated) by an Australian State or Territory or  by AusTrade

Visa Criteria 

  • There is no age limit 
  • Applicants must make an investment of at least $5 million in a complying investment.  A complying investment must be comprise:
  • At least $500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies
  • At least $1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange.
  • A ‘balancing investment’ of up to $3 million in managed funds that may invest in a range of assets, including ASX-listed companies, Australian corporate bonds or notes, annuities and commercial real estate

Premium Investor Subclass 188 Visas

This visa is another stream within the sub class 188 visa Business Innovation and Investment Visa.  It is a four year visa for people seeling to invest $15 million in Australia.    When the visa applicant has maintained the investment for at least one year, the applicant is able to apply for permanent residency through the Business Innovation and investment (residence) subclass 888 visa.  The visa can be applied for either onshore in Australia or overseas. If applying onshore, you must have held a valid visa at the time of application (also referred to as a substantive visa) or hold a bridging visa A, B or C.  Application must be lodged visa the Department of Home Affairs SkillSelect portal  

Only applicants who are nominated by AusTrade are eligible for this visa.

Visa Criteria

There is no age limit for this visa.

Applicants must invest at least $15 million in a premium investment.  The definition of a premium investor includes the following: 

  • Australian securities exchange listed assets
  • Australian government or semi-government bonds or notes
  • Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licenced debt rating agency
  • Australian proprietary limited companies
  • Real property in Australia excluding residential property
  • Deferred annuities issued by Australian registered life companies
  • State or territory government approved philanthropic contribution

Entrepreneur Visa Subclass 188

This 4 year visa is another stream within the subclass Business Innovation and Investment visa. When the business is established, the applicant can apply for permanent residence through the Business Innovation and Investment Sub class 888.  However the applicant must spend at least 2 years in Australia on the sub class 188 and be sponsored by a state or territory government before applying for the permanent visa.

The applicant can be either in Australia or overseas at the time of application. 

If applying in Australia the applicant must already hold a valid visa (also referred to as a substantive visa) or a bridging visa A, B or C. 

Applications can only be lodged via the Department of Immigrations online  SkillSelect portal.

Visa Criteria

All applicants must meet the following criteria:

  • Nomination by a state or territory government
  • Have competent English 
  • Under 55 Years of age, unless a State or Territory Government nominates you as providing an “exceptional economic benefit” to the state or territory
  • Funding agreement in place for at least $200,000 to establish a venture in Australia
  • Ownership interest of at least 30% in the venture

Acceptable business activities can include:

  • Commercialisation of a product or service in Australia
  • Development of an enterprise or business in Australia

Business activities that are not considered entrepreneurial include:

  • Purchase of an existing business or franchise
  • Real estate purchases
  • Labour hire activities

Eligible Funding

An applicant must have at least $200,000 in place from one or more of the following entities who are party to a funding agreement:

  • Commonwealth agencies
  • State and territory governments
  • Publicly funded research organisations
  • Investors registered as Venture Capital Limited Partnerships or Early Stage Venture Capital Limited Partnerships

At  least 10% of the funds (within the funding agreement ) must be transferred within 12 months of commencing the activity in Australia.

If you would like us to check your likely eligibility for business migration or if you would like us to assist you with your application, you can Contact Kelleher Migration

Book Your Free Consultation

Unlike many other migration or law firms, we do NOT charge by the hour. In-fact even your initial consultation is a fixed fee and not time-limited! Just another way we care about you.

Scroll to Top