MIGRATION

Australia’s Business Innovation and Investment Program encourages successful business people to settle in Australia and use their proven skills to develop business activity in Australia.

The Program is designed to increase entrepreneurial talent and diversify business expertise in Australia. It is positioned to target migrants that have a demonstrated history of success in innovation, investment and business and are able to make a significant contribution to the national innovation system and to the Australian economy.

HOW OUR HELP CAN BENEFIT YOU

It is your responsibility to ensure your investment options comply and investing in complying investments can be risky. It is advisable to seek financial and legal advice before you make any investments, which is where we come in. With a valued team of accountants, financial advisors and in-house lawyer, Holzworth Partners are here to provide solutions and simplify the process for you to ensure a smooth transition to begin your new life in Australia. We will provide advice and solutions tailored specifically to your personal risk profile. For more information on the Business Innovation and Investment Program and how we can assist you please contact us .

What types of Visas can we assist with?

Business Innovation and Investment (Permanent) visa (subclass 888)

The Business Innovation and Investment (Provisional) Visa (subclass 188) is part of the Business Innovation and Investment Program. You must submit an Expression of Interest (EOI) through SkillSelect and be nominated by an eligible government organisation before being invited to apply for this visa. Holding this visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

SIGNIFICANT INVESTOR STREAM

What is it?

The Significant Investor visa (“SIV”) is one of five streams within the Business Innovation and Investment (Provisional) (Subclass 188) visa and the Business Innovation and Investment (Permanent) (Subclass 888) visa.
It is 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 can be nominated by a state or territory government or Austrade on behalf of the Australian government.
The SIV allows you to conduct business and investment activity in Australia.
The purpose of the visa is to provide a boost to the Australian economy and to compete effectively for high net worth individuals seeking investment migration.
SIV holders are required to invest AUD5million into complying significant investments for a minimum of four years before being eligible to apply for a permanent visa.

What are some of the complying significant investments for the Significant Investor Visa?

At least AUD500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. Note the Government expects to increase this to $1million for new applications within two years as the market responds;
At least AUD1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX);
A ‘balancing investment’ of up to AUD3 million in fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible Australian corporate bonds or notes, annuities and real property in Australia (subject to the 10% limit on residential real estate). (see Austrade’s detailed information on the Complying Investment Framework to the right)

To be eligible to apply for a permanent SIV you must:

be nominated by a State or Territory government or by Austrade;
have continuously held complying significant investments for the life of your provisional SIV;
have held the provisional SIV for a minimum period of four years; and
have met the residence requirement.

You can also visit the Australian Government Department of Home Affairs for more information about the SIV.

INVESTOR STREAM

We can also provide advice in relation to the Investor visa (“IV”), which is another stream within the Business Innovation and Investment (Provisional) (Subclass 188) visa and the Business Innovation and Investment (Permanent) (Subclass 888) visa. The Investor visa (“IV”) requires you to 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. There are several requirements to be met before you can be considered for the IV.

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 nominating state or territory.
score at least 65 on the points test. Please see more information on the Points test here.
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.

You, your partner, or you and your partner combined 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; and
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.

Business Talent (Permanent) Visa (Subclass 132)

This visa is a permanent residence visa and allows you to establish a new or develop an existing business in Australia. It has two streams:

SIGNIFICANT BUSINESS HISTORY STREAM

This stream is for high-calibre business owners or part-owners who want to do business in Australia. After entering Australia you must:

Establish a qualifying business in Australia; or
Participate in an existing qualifying business in Australia.

In the business you must:

Maintain substantial ownership.
Maintain direct and continuous involvement in the day-to day management of the business.
Make decisions that affect the overall direction and performance of the business in a way that benefits the Australian economy.

VENTURE CAPITAL ENTREPRENEUR STREAM

This stream is for people who have sourced venture capital funding from a member of the Australian Capital Association Limited (AVCAL). To be compliant in this stream you must:

Meet the requirements of your venture capital agreement after you enter Australia; and
Have have a genuine and realistic commitment to continuously maintain an ownership interest and engagement in your business and/or investment.

The Business Talent (Permanent) Visa (Subclass 132) lets you and any member of your family unit who has also been granted the visa:

stay in Australia indefinitely
work and study in Australia
enrol in Medicare, Australia’s scheme for health related care and expenses
apply for Australian citizenship (if you are eligible)
sponsor eligible relatives for permanent residence
travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia)