There are two pathways leading to permanent residence in Australia for Business Migrants namely through:
To be able to apply for this visa you must first apply for the Business Skills (Temporary) Subclass 188 visa which consist of five streams, namely the Business Innovation Stream, the Investor Stream, the Significant Investor Stream, the Premium Investor Stream and the Entrepreneur Stream. This visa is normally granted for a period of 4 years and 3 months. Subsequent to meeting the necessary criteria for permanent residence you may then apply for the Business Skills (Permanent) Subclass 888 visa in the same stream that you applied for your Business Skills (Temporary) Subclass 188 visa.
To be eligible to apply for the Business Skills (Permanent) Subclass 888 visa the following general pre-requisites are required:
Additional general requirements you are required to satisfy are:
To be eligible to apply for this visa you must have been residing in Australia and held:
for at least one year in the two years immediately before you apply. In addition, you must be able to show ‘ongoing business involvement’ and meet certain financial requirements, and have a history of employing Australian or permanent resident workers. You must be able to show that you (or you and your partner together) have:
You (or your partner, or you and your partner together) must also demonstrate that you have achieved at least two of the following requirements:
To be eligible to apply for this visa you must have resided in Australia and held your provisional visa in the Investor Stream for at least two out of the four years immediately before you lodge your permanent residence visa application. In addition you (or you and your partner combined) must have held a designated investment with an Australian State or Territory for at least four years prior to lodging your Investor (Permanent) subclass 888 visa. This effectively means that even though you have accumulatively resided in Australia for at least two years you will not be able to lodge your Investor Stream visa until you have also held your designated investment with your nominated Australian State or Territory for at least four years as well.
To be eligible to apply for your permanent residence subclass 888 visa in the Significant Investor Stream you must have held at the time of your application a provisional Subclass 188 visa in the Significant Investor Stream. You must also have resided in Australia for 40 days accumulatively in the previous four years or your spouse or partner must have resided in Australia accumulatively for 180 days in the previous four years. In addition, you or your spouse or partner must have:
Note: The rules in force at the time you applied for your original Subclass 188 visa in the Significant Investor stream will continue to apply to you when your Subclass 888 visa application is assessed even though there have been changes in the law.
To be eligible to apply for the permanent Subclass 888 visa in the Premium Investor Stream, you must:
To be eligible to apply for permanent residence in the Entrepreneur Stream you must have held your Subclass 188 visa in the Entrepreneur Stream for the last four years. A successful record of entrepreneurial activity will be measured by a combination of key success factors and supporting success factors. You will need to demonstrate the completion of at least two key success factors or a combination of one key success factor and three supporting success factors.
Key success factors include:
Supporting success factors include:
Entrepreneurial activities in Australia must not be in one of the following categories:
To be eligible to apply for this visa the applicant must be nominated by an Australian state or Territory of his/her choice. This category of visa has two streams:
Significant Business History Stream. The applicant, his/her partner, or both combined must have all of the following:
The applicant must also be younger than 55 years of age, although a state or territory can waive this requirement if the proposed business will be of exceptional economic benefit to the region where it will operate.
Venture Capital Entrepreneur Stream. To be eligible to apply for the visa under this stream the applicant must meet the following criteria:
Conclusion. If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Lawyer by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Border Protection. This assessment costs only $150.00 and is credited to the applicant’s fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgement fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the $150.00 assessment fee paid is money well spent.
Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Lawyer or the Department of Immigration & Border Protection for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Lawyer for an accurate and quick assessment of your specific case.