132B Venture Capital Entrepreneur Stream

Have received at least AUD$1million in funding from an Australian venture capital firm

Business Innovation And Investment (provisional) Visa
THE FUNDING MUST BE FOR:
  • the initial setup of business
  • Product Commercialization
  • business development of a promising high-value business idea

The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). The State or Territory Government agency which nominates is satisfied that the applicant (or applicant and spouse together) has sufficient assets to settle in Australia

THERE ARE NO SET PRE-REQUISITES FOR THE BELOW MENTIONED :
  • age
  • history of business
  • history of employment
  • turnover
  • net assets
  • taxation, or
  • source of funds

188B VISA – Investor Stream

Business Innovation And Investment (provisional) Visa

The applicant must be under 55 years of age, although a state or territory can waive this requirement if the investment which the applicant is proposing will be of exceptional economic benefit to the nominating state or territory score at least 65 on the points test and have a high level of management skill in relation to the eligible investment or business activity which qualifies.

AUSTRALIA BUSINESS MIGRATION
BUSINESS INNOVATION AND INVESTMENT (PROVISIONAL) VISA (SUBCLASS 188)

The Business Innovation and Investment (Provisional) visa (subclass 188) is part of the Business Innovation and Investment Programme.

The applicant submits an Expression of Interest (EOI) through SkillSelect and the state or territory government nominates before being invited to apply for this Australia Business Visa.

THE BUSINESS AUSTRALIA MIGRATION VISA INCLUDES THREE STREAMS:
  • Business Innovation stream: The applicants with business skills who want to establish, develop and manage a new or existing business in Australia.
  • Investor stream: The applicants who want to make a designated investment of at least AUD$1,500,000 in an Australian state or territory and maintain business and investment activity in Australia.
  • Significant Investor stream: The applicants who are willing to invest at least AUD$5,000,000 into complying investments in Australia and want to maintain Investment and business activity in Australia.

Holding this visa is the first stage before becoming eligible to qualify for a Business Immigration Australia Innovation and Investment (Permanent) visa (subclass 888).

FEATURES

This visa lets the applicants who want to own and manage a new or existing business in Australia, or to invest in an Australian state or territory.

REQUIREMENTS

You might be able to get this visa if the state or territory government agency nominates you and are invited to apply by the Minister for Immigration and Border Protection.

You might be able to get this visa if:
  • The state or territory government agency nominates you
  • You are invited to apply
  • You (and all your family members) meet certain health and character requirements
  • You meet the additional requirements for the stream in which you apply.
188B Visa – Investor Stream
You 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 state or territory which nominates you.
  • 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 3 years' of relevant experience of direct involvement in managing one or more qualifying businesses or eligible investments
  • Have a successful record of eligible investment or qualifying business activity in overall.
  • 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 2 years in the state or territory in which you have made a designated investment.
188B Visa Checklist

You, your partner, or you and your partner combined must have for at least one of the 5 fiscal years immediately before you are invited to apply, have directly managed one of the following.

  • An interest owned by you, your partner or you and your partner combined of at least 10% in a qualifying business
  • You, your partner or you and your partner combined must have owned at least AUD $ 1,500,000 in eligible investment.
  • During the 2 fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD$2,250,000 that are available for legal transfer to Australia within two years of the visa being granted.
  • Make a designated investment of at least AUD$1,500,000 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 4 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.

188C VISA –SIGNIFICANT INVESTOR STREAM

The applicant must make a complying investment of at least AUD$5,000,000 in any of the following options, in any proportion, and hold that investment continuously for at least 4 years:

  • State or territory government bonds, Commonwealth
  • Eligible managed funds - that are limited to investing in any or all of the following Australian assets
  • Infrastructure projects in Australia
  • Cash held by Australian deposit-taking institutions
  • Bonds issued by the Australian Government or a State or Territory government
  • Bonds, equity, hybrids or other corporate debt in Australian companies and trusts which are listed on any Australian stock exchange
  • Term deposits or Bonds which are issued by Australian financial institutions
  • Real property in Australia
  • Australian Agribusiness
  • Annuities issued by an Australian registered life company
  • Loans secured by mortgages over the investments listed above
  • Derivatives used for portfolio management and non-speculative purposes (which constitute no more than 20% of the total value of the managed fund)
  • Other managed funds that invest in the investments listed above
  • Direct investment into private Australian companies - in which you have an ownership interest. The company must operate a qualifying business.
  • Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.
188C Visa Checklist
You must also have a genuine and realistic commitment to:
  • Reside in the state or territory whose government agency nominated you
  • Continue your business and investment activity in Australia after your complying investment matures
  • Live in Australia for at least 160 days over 4 years while holding your provisional visa.
  • You, your partner, or you and your partner combined must have net assets of at least AUD$5,000,000 that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.
  • You and your partner must not have been involved in unacceptable business or investment activities.

You, your partner and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

The eligible new SIV investment may be of 3 categories
  • 50% balancing investment,
  • 25% venture capital and
  • 25% Small / Micro capital.

188E VISA ENTREPRENEUR SUBCLASS

Who Is This Visa For?

This business innovation stream is for individuals who have owned a business and are now looking to establish a business in Australia.

To be eligible for the business innovation stream, applicant will need to:
  • Have funding in place from a qualifying source for a minimum of a $200,000 to establish an enterprise or business in Australia (see below)
  • Be aged under 55 years old (some exceptions are made)
  • Meet the points test for this stream – currently 65 points
  • Show applicant have an ownership interest of at least 30%
  • Present a business plan of the entrepreneurial entity showing how applicant’s innovative idea will lead to the a product or service being commercialised in Australia, or lead to the development of a business or enterprise in Australia.
What Funding Sources Are Acceptable?
The following entities are qualifying sources of funding:
  • An investor registered as an Australian venture capital limited partnership or early state venture capital limited partnership
  • Publicly funded research organization
  • Commonwealth government agency
  • Specified higher education provider
What Business Activities Qualify?

Interested individuals should show how their proposed complying entrepreneur activity will benefit the country economically.

A complying entrepreneur activity is an innovative idea that will bring a new service or product to market, or the development of a business in Australia (activities relating to real estate or labour hire are excluded).

To apply for the entrepreneur visa, applicant 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 organizations
  • 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.
Important note:
What Applicant Need To Do Before Applying For The 188E

An Australian state or territory government needs to nominate an applicant before applying for 188e.This involves lodging an expression of interest (EOI) through the skill select system.

Where applicant can apply for the 188E

This visa can be applied from within or outside Australia.If applicant apply for the 188E in Australia applicant will need to hold a substantive visa or a bridging A, B or C visa.

The Points test

Applicant must score at least 65 points (the pass mark) 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 to applicant, if they are applying in the Significant Investor stream, the Premium Investor stream, the Entrepreneur stream, the Business Innovation Extension stream, or Significant Investor Extension stream.

The points are given for various elements of human capital and business innovation and include objective measures of business performance.

Points are awarded for:

Age, English language ability, qualifications, experience in business or investment, net personal and business assets, business turnover, innovation, special endorsement.

The points table
35
FactorDescriptionPoints
Age18–24 years20
25–32 years30
33–39 years25
40–44 years20
45–54 years15
55 and older0
English language abilityVocational English (IELTS score of at least 5 in each of the four test components)5
Proficient English (IELTS score of at least 7 in each of the four test components)10
QualificationsAustralian trade certificate, diploma or bachelor degree by an Australian education institute; or a bachelor qualification recognised by an education institution of a recognised standard5
Bachelor degree in business, science or technology by an Australian institution; or a bachelor qualification by an education institution of a recognised standard10
Special endorsementThe nominating state or territory government agency could decide that applicant r proposed business is of unique and important benefit to the state or territory where the nominating government agency is located10
Financial assetsNet business and personal assets of applicant , applicant r partner or applicant and applicant r partner combined in each of the preceding two years of at least:
AUD 800 0005
AUD 1.3 million15
AUD 1.8 million25
AUD 2.25 million
Business turnoverAnnual turnover in applicant r main business during a period of at least two years of the preceding four fiscal years of at least:
AUD500 0005
AUD1 million15
AUD1.5 million25
AUD2 million35
Business Innovation stream onlyBusiness experience
Applicant have held one or more businesses before applicant were invited to apply for the visa for:
Not less than four years within the preceding five years10
Not less than seven years within the preceding eight years15
Investor stream only Investor experienceEligible investment of at least AUD100 000 held for:
At least four years before the time of invitation to apply for the visa10
At least seven years before the time of invitation to apply for the visa15
Business innovation qualificationsAt the time of invitation to apply for the visa:
Evidence of registered patents or registered designs15
Evidence of registered trademarks10
Evidence of formal joint venture agreements5
Evidence of export trade15
Evidence of ownership interest in a gazelle business10
Evidence of receipt of grants or venture capital funding10
State or territory nominationSpecial endorsement (limited places)

Note : Please Click On The Logo & Use The Registration Number To Verify The Legitimacy Of Our Lawyers.