About : Immigration Program
Skilled Independent Visa (Subclass 189)
This visa offers permanent residency for Australia for you and your family...
For the Skilled Independent (Points-tested) stream you need to submit an expression of interest.
Eligibility
You must:
- Have a relevant occupation from list of eligible skilled occupations..
- have a suitable skills assessment for the occupation
- meet the points test pass mark of 65 points
- be under 45 years of age at time of invitation
- have Competent English
- Meet the health requirements
- Meet the character requirements
- Do not have any outstanding debts to the Australian government
- Willing to sign the Australian Values Statement
EOIs are kept for two years.
Everyone who wants to be invited to apply for the visa must submit an EOI.
Applicant must assess the occupation from authority listed against nominated occupation in the relevant list of eligible skilled occupations.
The points table
You must be able to meet the points score on your invitation letter. This score will be 65 or more.
Check if you can claim points for:
- English language ability
- Skilled employment
- Qualifications
- Australian study requirement
- Specialist education requirement
- Partner Skills Factor
Benefits of Visa:
- stay in Australia indefinitely
- work and study in Australia
- enroll in Medicare, Australia’s scheme for health-related care and expenses
- sponsor eligible relatives for permanent residence
- travel to and from Australia for five years
- Apply for Australian citizenship, if eligible.
You can include your partner and your or your partner’s child or step-child in your application.
Skilled Nominated visa (subclass 190)
This visa offers permanent residency for Australia for you and your family...
This points-based visa is for skilled workers who are nominated by an Australian state or territory. For this stream you need to submit an expression of interest.
Eligibility
You must:
- Have a relevant occupation from list of eligible skilled occupations..
- have a suitable skills assessment for the occupation
- meet the points test pass mark of 65 points
- must be Nominated by a State or territory Government Agency
- be under 45 years of age at time of invitation
- have Competent English
- Meet the health requirements
- Meet the character requirements
- Do not have any outstanding debts to the Australian government
- Willing to sign the Australian Values Statement
EOIs are kept for two years.
Everyone who wants to be invited to apply for the visa must submit an EOI.
Applicant must assess the occupation from authority listed against nominated occupation in the relevant list of eligible skilled occupations. You must have a skills assessment that shows you have the skills and qualifications to work in that occupation.
The points table
You must be able to meet the points score on your invitation letter. This score will be 65 or more.
You can claim points for:
- English language ability
- Skilled employment
- Qualifications
- Australian study requirement
- Specialist education requirement
- Partner Skills Factor
- Nomination by a state or territory government
Benefits of Visa:
- stay in Australia indefinitely
- work and study in Australia
- enroll in Medicare, Australia’s scheme for health-related care and expenses
- sponsor eligible relatives for permanent residence
- travel to and from Australia for five years
- Apply for Australian citizenship, if eligible.
You can include your partner and your or your partner’s child or step-child in your application.
Skilled - Nominated or Sponsored Provisional (Subclass 489) Visa
The Skilled Regional (Provisional) Subclass 489 visa is a 4-year provisional visa which requires holders to live and work in a regional area to obtain permanent residence. To qualify, you would need be sponsored by either a relative living in a designated area or a State or Territory Government.
Eligibility
Under this visa, you can either be nominated by a state or territory government or be sponsored by an eligible relative.
To be able to submit a valid application for this visa you need to first submit an Expression of Interest through Skill Select. You can do this in or outside Australia.
- have a relevant occupation
- have a suitable skills assessment for the occupation
- meet the points test pass mark of 65 points
- be under 45 years of age at time of invitation
- Have Competent English.
In your expression of interest you can either:
- indicate the states and territories that you are interested in
- Mention you have a sponsor.
Sponsorship by a Relative Living in a Designated Area
You can apply for a Subclass 489 visa if you are sponsored by a relative living in a Designated Area.
The relative must be an Australian citizen, permanent resident or Eligible New Zealand Citizen. The following relatives can sponsor for the Subclass 489 visa:
Parents
Brothers and Sisters
Uncles and Aunts
Nephews and Nieces
First Cousins
Grandparents
Nomination by a State or Territory Government
Each State and Territory Government publishes a list of occupations in short supply in their area. There may be specific requirements in terms of work experience, English language ability or specialized skills.
EOIs are kept for two years.
Business Innovation and Investment (Provisional) visa (subclass 188)
This visa allows to:
- own and manage a business in Australia (the Business Innovation stream)
- Conduct business and investment activity in Australia (the Investor stream, the Significant Investor stream and the Premium Investor stream).
- Undertake an entrepreneurial activity in Australia (Entrepreneur stream).
Length of stay
Four years and three months
Eligibility
Individual is eligible to get this visa if:
- nominated by an eligible government organization
- get an invitation to apply
- health and character requirements are met
- additional requirements for the stream must be met
2. THE VISA
The Business Innovation and Investment (Provisional) visa (subclass 188) is part of the Business Innovation and Investment Program.
An Expression of Interest (EOI) through Skill Select must be sent and be nominated by a state or territory government or Austrade on behalf of the Australian government before being invited to apply for this visa.
The visa includes five streams:
- Business Innovation stream: for people with business skills who want to establish, develop and manage a new or existing business in Australia. Applicants must be nominated by a state or territory government.
- Investor stream: for people who want to make a designated investment of at least AUD1.5million in an Australian state or territory and maintain business and investment activity in Australia. Applicants must be nominated by a state or territory government.
- Significant Investor stream: for people who are willing to invest at least AUD5million into complying significant investments in Australia and want to maintain business and investment activity in Australia. Applicants must be selected and nominated by Austrade on behalf of the Australian government
- Premium Investor stream: for people who are willing to invest at least AUD15million into complying premium investments in Australia and want to maintain business and investment activity in Australia. Applicants must be selected and nominated by Austrade on behalf of the Australian government.
- Entrepreneur stream: for people who have a funding agreement from a third party for at least AUD200 000 to undertake a complying entrepreneur activity that is proposed to lead to either the commercialization of a product or service in Australia or the development of a business in Australia. Applicants must be nominated by a state or territory government.
Holding this visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).
Eligibility criteria for the different streams
- Business Innovation Stream
- Investor Stream
- Significant Investor stream
- Premium Investor Stream
- Entrepreneur stream
1. Business Innovation Stream
Person must:
- Be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.
- Score at least 65 on the points test. for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500,000 turnover in each of those years
- own at least one of the following percentage of your nominated main business:
- 51 per cent, if the business has a turnover of less than AUD400,000 per year
- 30 per cent, if the business has a turnover of AUD400,000 or more per year
- 10 per cent, if the business is a publicly listed company
- have an overall successful business career
- Have a genuine desire to continuously own and maintain a management role in a business in Australia.
If the nominated main business provides professional, technical or trade services, & have spent no more than half of his time providing those services, as opposed to general management of the business.
At the time of invitation, one must either alone or along with spouse or with partner combined have total net business and personal assets of at least AUD800,000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.
2. Investor stream
A person must:
- be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory
- Score at least 65 on the points test.
- have a high level of management skill in relation to the eligible investment or qualifying business activity
- have at least three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments
- have an overall successful record of eligible investment or qualifying business activity
- have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured
- Have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.
An individual or spouse or combined with partner must:
- for at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
- a qualifying business in which you, your partner or you and your partner combined had at least 10 per cent ownership interest, or
- Eligible investments owned by you, your partner or you and your partner combined of at least AUD1.5million.
- during the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted.
- make a designated investment of at least AUD1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory
- Have had no involvement in unacceptable activities.
Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.
3. Significant Investor stream
An individual must have a genuine and realistic commitment to:
- reside in the state or territory whose government agency nominated you,
- continue business and investment activity in Australia after the conclusion of provisional visa,
- Live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse to live for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.
Net assets of at least AUD5 million must be acquired legally by you, your partner, or you and your partner combined and available to be used to make the complying investment in Australia.
Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.
You must also make a complying investment or a complying significant investment of at least AUD5 million over four years.
Complying Significant Investments for applications made after 1 July 2015
For applications made after July 2015 one must make a complying significant investment of at least AUD5 million over four years in the following proportions:
- At least AUD500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies.
- At least AUD1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange.
- A ‘balancing investment’ of at least AUD3 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.
Direct investment in residential real estate continues to be prohibited and indirect investment in residential property through managed funds is now strictly limited.
Investments must not be used as security or collateral for a loan.
4. Premium Investor Stream
The Premium Investor stream is by nomination of Astride on behalf of the Australian government only. Complying investment of at least AUD15 million must be made in any of the following options:
- 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 licensed 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.
Income earned from complying investment in Australia is subject to tax under Australian taxation law.
You, your partner (spouse or de facto), or you and your partner combined must have net assets of at least AUD15 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.
5. Entrepreneur stream: Applicant must
- be under 55 years of age, although a state or territory can waive this requirement if your proposed complying entrepreneur activity will be of exceptional economic benefit to the nominating state or territory
- have competent English and be able to provide evidence of this at the time you are invited to apply for the visa
- be undertaking or proposing to undertake a complying entrepreneur activity in Australia and have a genuine intention to continue this activity
A Complying Entrepreneur Activity is an activity that relates to an innovative idea that will lead to the commercialization of a product or service in Australia, or the development of an enterprise or business in Australia.
This activity must not relate to any of the following excluded categories:
- Residential real estate
- Labor hire
- Purchase of an existing enterprise or a franchise in Australia.
An activity is a complying entrepreneur activity if all of the following requirements are met:
- you have one or more legally enforceable agreements to receive funding with a total of at least AUD200,000 from one of the following entities:
- Commonwealth Government agency
- State or Territory Government
- Publicly Funded Research Organization
- Investor registered as an Australian Venture Capital Limited Partnership or Early State Venture Capital Limited Partnership
- Specified Higher Education Provider
- under the agreement at least 10 per cent of the funding must be payable to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia;
- You held at least 30 per cent interest in your entrepreneurial entity when you entered into the agreement.
- You have a business plan for the entrepreneurial entity noting how your innovative idea will lead to the commercialization of a product or service in Australia, or the development of an enterprise or business in Australia.
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How long the visas last
The visa is valid for four years and three months from the date it is granted. Stay can be extended under an extension stream if visa is under the Business Innovation stream or the Significant Investor stream if visa under the Investor stream or Premium Investor stream, Cant apply for an extension stream under this visa.
Provisional visa holders in the Business Innovation stream can apply for one extension for an additional two years so visa can last up to six years.
Provisional visa holders in the Significant Investor stream can apply for up to two extensions for a total of additional four years so your visa can last up to eight years. Each extension stream lets you stay in Australia for another two years.
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The Points test
At least 65 points (the pass mark) must be scored in the points test to be eligible to apply for a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Investor stream.
The points test does not apply if applying in the Significant Investor stream, the Premium Investor stream, the Entrepreneur stream, the Business Innovation Extension stream, or Significant Investor Extension stream.
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