188 Business Innovation and Investment Options

Business Innovation & Investment Subclass 188 streams are for investors and business owners who wish to establish business operations in Australia. The visa is valid for four years.

There are five eligibility streams:

• A. Business Innovation - for business owners seeking to establish business operations in Australia
• B. Investor - for people who are willing to invest $1.5 million in an Australian State or Territory bonds
• C. Significant Investor - for people willing to invest $5 million into complying investments in Australia
• D. Premium Investor - for people with substantial funds who are willing to invest at least $15 million into complying premium investments in Australia.
• E. Entrepreneur - for people who have a funding agreement from a third party for at least AUD200 000 to undertake a complying entrepreneur activity

Business and Innovation Stream 188A

Duration and Conditions

This is a 4-year temporary option. Once you have established an ownership interest in an Australian company, you can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa.

A 2-year extension is possible once you have held the subclass 188 for three years, giving you six years from the date of grant of the original 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.

The Criteria

The Business Innovation Stream requires you to have owned a business and to be intending to establish business operations in Australia. You will need to meet the following specific requirements:

• Ownership of a company with a turnover of at least AUD 500,000 for at least 2 of the last four fiscal years; and
• Net personal and business assets of at least AUD 800,000; and
• 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 is only available to applicants who are nominated by an Australian State or Territory government.

Eligibility for Permanent Residence

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

• You have been in Australia on your subclass 188A for at least 12 months, within the two years before lodgement
• Owned and operated a business in Australia for at least 2 years before the application with an annual turnover of at least $300,000 for the 2 of the last four years.
• You 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

Investor Stream 188B

This is not a very popular class and is only used by those who are unable to secure a 132b investor option. If you would like to review your options speak to one of our experts.

Duration and Conditions

This is a 4-year temporary stream. 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.

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.

The 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 a 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 a grant of the visa
• You have 3 years of experience either managing a qualifying business or "eligible investments", and have shown 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.

Eligibility for Permanent Residence

To qualify for a permanent Business Innovation & Investment (Residence) Subclass 888, 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.

Significant Investor Subclass 188C

The Significant Investor 188C is a 4-year visa for people willing to make an AUD 5 million investment in Australia. It is one of the streams within the Subclass 188 Business Innovation and Investment stream.

Duration and Conditions

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

You will need to spend at least 40 days per year in Australia on your Significant Investor permit for the last 4 years and be sponsored by a state or territory government to qualify for a permanent subclass 888.

A 2-year extension is possible, and you can extend your SIV two times.

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.

Applications can only be lodged online via the SkillSelect system.

State/Territory/AusTrade Nomination

This visa is only available to applicants who are nominated by an Australian State or Territory government or by AusTrade.

Visa Requirements

Unlike other business migration categories, there is no upper age limit for this type of visa.

For grant of the visa, applicants must make an investment of at least AUD 5 million in a "complying investment". A "complying investment" for the purposes of the Significant Investor Visa must be made up of:

• 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 188D

The Premium Investor 188D is a 4-year visa for people willing to make an AUD 15 million investment in Australia. It is one of the streams within the Subclass 188 Business Innovation and Investment stream.

Duration and Conditions

This is a 4-year temporary option. Once you have maintained an investment in Australia for 1 year, you can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888.

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.

Applications can only be lodged online via the SkillSelect system.

Nomination by AusTrade

This is only available to applicants who are nominated by AusTrade.

The Criteria

Unlike other business migration categories, there is no upper age limit for this type of visa.

Applicants must make an investment of at least AUD 15 million in a "premium investment" prior to approval. A "premium investment" for the purposes of the Premium Investor includes:

• 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 Subclass 188

The Entrepreneur 188 is for people who have investor funding to develop an enterprise or business in Australia.

It is one of the streams within the Subclass 188 Business Innovation and Investment stream.

Duration and Conditions

This is a 4-year temporary option. Once you have established business operations in Australia, you can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 route.

You will need to spend at least 2 years in Australia on your Entrepreneur permit and be sponsored by a state or territory government to qualify for a permanent subclass 888.

Do I Apply in Australia or Overseas?

Applications can only be lodged online via the SkillSelect system.

State/Territory Nomination

This is only available to applicants who are nominated by an Australian State or Territory government.

The Criteria

All applicants must meet the following criteria:

• Nomination by a state or territory government
• 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
• The ownership interest of at least 30% in the venture

Acceptable Business Activities

The proposed venture would need to be either:

• The commercialisation of a product or service in Australia; or
• Development of an enterprise or business in Australia

Certain activities which are not considered sufficiently innovative will be excluded. This is defined by legislative instrument and include:

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

Eligible funding

To apply as an Entrepreneur, you will need to have an agreement for at least $200,000 in funding from one or more of the following sources:

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

The funding agreement must involve the transfer of at least 10% of the funds within 12 months of commencing the activity in Australia.

Calculating your points as a Business Investor

NB: You Do NOT Require Points For The 132B Investor Stream

It is important to note that securing 65 points is the entry level requirement and does not assure your business case will be successful. The points test is required by the federal government to ensure no state can view a potential business case unless these criteria are met. This is irrespective of the merits of the business case or the business and investment pedigree of the candidate.

If you struggle to achieve a potential 65 points arrange a consultation and we will examine your options.

The Business Investor points table

Restricted Business Activities

To protect the local business community from excessive competition and to defend the public good certain business activities are not permitted in several states. It is important to note when filing a case for state nomination as local restriction vary across Australia.

While some states ban certain international business investment other will allow them within certain regional areas. It would be unlikely any state would allow the following businesses within their central business districts

Business Viewed with caution

• Entry level businesses
• Wine export
• travel
• tourism
• retail and hospitality ventures

We review business proposal against the various states restrictions prior to filing. It is also important to note there are exceptions to these rules if the proposed business can prove exceptional standing or the business investor has an excellent pedigree managing businesses and a successful track record investing in previous ventures.

Inward Foreign Investment In Numbers

About 10 thousand high-net-worth individuals, with a personal wealth of AUD$1m or more, migrated to Australia in 2017 – mostly from China, India and the UK.

Australia remains a top destination for foreign investment. In 2016/17, the total stock of foreign investment in Australia reached $3.2 trillion, of which $796. 1 billion was a direct investment.

Net new foreign direct investment into Australia (FDI inflows) in 2016 was valued at $64.8 billion, up by a significant $38.9 billion (or 150 percent) on the amount invested into Australia in 2015.

This was supported by significant growth in net inflows into the mining sector (up to $18.2 billion).

The majority of Australian FDI continues to come from the US ($195.0 billion), Japan ($90.1 billion) and the UK ($67.9 billion), although Asian markets (Greater China and ASEAN countries) represent growing investment sources.

China represents around five percent of total FDI in Australia.

Australia Is Open For Foreign Investment

The total foreign investment includes direct investment (FDI), and indirect investment (portfolio investment, financial derivatives, reserve assets and other investment). Productive FDI contributes to economic prosperity through creating and retaining Australian jobs; developing new industries and infrastructure; introducing new technologies and skills; encouraging innovation and competition; raising productivity and strengthening Australia’s trade and economic linkages with global markets.

More than a third (37 percent) of Australia’s top 2,000 companies are foreign-owned. These companies account for 1.1 trillion of assets in Australia, generating revenue of $629.3 billion and employ nearly 700,000 people.

The Key Industries Benefiting From Foreign Investment

Although mining continues to account for the bulk of Australia’s stock of FDI, the flow of new investment into service sectors is growing. This reflects a shift in the importance of service sectors, such as wealth management, healthcare, education, tourism and professional services to Asia’s growing middle classes. In 2016/17, mining and quarrying accounted for 39 percent of Australia’s stock of FDI (or $310.6 billion), while around one-third of FDI stock was into service sectors.

The total stock of FDI in service sectors grew at more than twice the rate, combined of non-service sectors between 2015 and 2016 (up 14 percent compared to 6 percent).

Industries

Australia is a global competitor in five key growth industries and has potential to drive continued growth by providing high-quality food, natural resources, education, tourism and financial services to the world.

Agribusiness:

The 12th largest global exporter of agricultural products (US$36 billion), FDI stock in agriculture, forestry and fishing worth $2.2 billion

Resources and energy:

Second largest global exporter of LNG (US$39.8 billion).

Tourism:

The 11th largest market for international tourism receipts (US$32.5 billion), FDI stock in accommodation and food services worth $7.2 billion.

International education:

Third largest market globally for foreign tertiary students (6 percent of the world’s total)

› Financial services:

The sixth largest pool of investment fund assets in the world (US$1.6 trillion), FDI stock in financial and insurance activities worth $66.9 billion.

Securing Australian Investment Opportunities

Complete our enquiry form and select investor visas as your prefered reason to emigrate. After reviewing your information one of our senior migration managers will be in touch shortly to discuss your options.

When it comes to structuring compliant investment solutions there’s no one-size-fits-all solution.

At Haskew Law we focus on implementing investment solutions that are compliant for immigration purposes, while taking into account our clients requirements.

Our experts are happy to discuss the various opportunities Australia has to offer for investors.

Our Services Include:

• Managing Our clients Immigration case
• Sourcing secure investment opportunities
• Securing Support from a Venture Capital firm to accept our client as a foreign investor
• Preparing guarantees to protect our clients investments

Additional International Mobility Solutions

Our range of experts enables us to provide a complete migration solution, our unique blend of skills allow us to assist a wide range of clients and deliver the services they need. We provide a full range of services to make your plans go as smooth as possible.