Business innovation stream  

Eligibility

• Applicant must be under 55 years of age, although a state or territory can waive this requirement if applicant  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 applicants 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 your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.

Investor stream

Eligibility

• be under 55 years of age, although a state or territory can waive this requirement if applicant 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 applicant 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 applicant have made a designated investment.
• for at least one of the five fiscal years immediately before applicant is invited to apply, have directly managed one of the following:
  • a qualifying business in which applicant or applicant’s partner combined had at least 10 per cent ownership interest, or
  • eligible investments owned by applicant , applicants’s 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.

Significant Investor stream

Please note that the rules that were in force at the time that applicant  applied for applicant Significant Investor visa will continue to apply for the duration of your provisional visa, including any Extension stream visas you apply for that relate to that provisional visa.

Eligibility

• reside in the state or territory whose government agency nominated applicant ,
• continue applicant business and investment activity in Australia after the conclusion of applicant provisional visa,
• live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, applicant or applicant’s spouse to live for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.
• Applicant , apllicant’s partner, combined must have net assets of at least AUD5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

Applicant and applicant’s spouse  and must not have been involved in unacceptable business or investment activities.

applicant, members of applicant family unit aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to applicant complying investment.

Income that applicant 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.

Important: You might want to seek independent legal advice in relation to ensuring that an investment made for the purpose of this stream is a ‘complying significant investment’. It is your responsibility to ensure your investment options comply.

Complying Significant Investments for applications made after 1 July 2015

If you applied for a Significant Investor visa prior to 1 July 2015, see the rules below, which will continue to apply to applicant:

For applications made after July 2015 applicant  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.

Premium Investor Stream

The Premium Investor stream is by nomination of Austrade on behalf of the Australian government only. You must make a complying investment of at least AUD15 million in any of the following options:

Eligibility

• 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.

Income that applicant earn from complying investment in Australia is subject to tax under Australian taxation law.

Applicant  must also have a genuine and realistic commitment to continue your business and investment activity in Australia after the conclusion of your provisional visa.

Applicant , applicant’s partner (spouse or de facto), 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.

Entrepreneur stream

Eligibility

• 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 applicant is 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 commercialisation 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
• Labour 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 entitites:
  • Commonwealth Government agency
  • State or Territory Government
  • Publicly Funded Research Organisation
  • 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 commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia.