Business Visa: Australia, Invest and Innovate Today

There are many business opportunities in Australia. It is important to have the right business visa in place. Australian migration laws are complex, particularly when it comes to business or investment visas.

How can we help you with your business visa?

Lawyers at MSM Legal are ready to advise you today.

There are a number of different Australian business visa options currently available. You may be eligible for more than one category of business visa. They all have different requirements and different benefits.

The requirements for business visas have become more difficult to meet over the years, and the Australian government is regularly changing the options that are in place.

It is important to make the right choice, as following the wrong pathway can significantly impact on your business and investment interests, as well as delay your ability to obtain permanent residency.

It is best to consult a business visa lawyer; Adelaide’s MSM Legal can help you.

To assess your eligibility, and advise on the best way forward, contact us. Our team can assist you with your business visa application, and ensure that you maximise your chance of success.

At MSM Legal, our lawyers are also Registered Migration Agents. Our experience with commercial and corporate law enhances our understanding of the needs of business owners, investors, and entrepreneurs.

We can assist with the entire business visa application process. This is vital as there are many steps to an application. There are also ongoing obligations and requirements even after your visa is granted.

We can also help you if you are starting a business, advising on the best business structure for your circumstances. Our commercial lawyers can provide expertise regarding business documents, agreements, and corporate structures.

You can apply for these visas when you are in Australia. You can also apply if you are outside of Australia. At MSM Legal, we have significant experience assisting offshore and interstate clients. Talk to us today about the best course of action for you.

Business Talent (Permanent) visa: Subclass 132

Significant Business History stream | Subclass 132

The Business Talent visa (subclass 132) has several advantages.

  • It is a permanent visa.

You can stay in Australia indefinitely on this visa. This permanent visa allows you to operate a new or existing business. However, you must have significant experience as a business owner.

If you have a 132 visa, you are entitled to the benefits of permanent residency. (Unlike the 188, which is a provisional visa, and requires you to meet further requirements before applying for a permanent visa).

These benefits include access to Medicare, and a wider range of study options for members of your family.

  • Flexible residency requirements

With a 132 visa, there is no strict period of time that you must spend in Australia operating your business.. The 188 visa requires that you live in Australia for 365 days in the two years prior to applying for the 888 (Permanent) visa. The 132 visa allows you to travel. You can attend to business or family matters at your discretion.

  • No English requirement or Points test

Your business background is the most important consideration when you are applying for a 132 visa. Your English skills, formal qualifications and some other factors considered in the points test are not considered.

  • Compliance requirements for 132 visa

The compliance requirements for the 132 visa focus on your genuine efforts to invest in Australia. Factors outside your control may influence your eligibility if you are applying for a 888 visa.

Even with years of considerable business or investment activities in Australia on a 188 visa, sometimes external factors cause an application for permanent residency to fail.

This is not the case for a 132 visa.

There are several clear requirements for the Business Talent visa.

There are several funding and asset requirements you must meet. These include a net value of at least AUD1.5 million. In addition, your annual business turnover must have been at least AUD3 million. Your experience in running a business in the years prior to your application is important.

You must be nominated by an Australian State or Territory government agency, and you must be invited to apply for this visa.

Let us help you with your 132 visa

At MSM Legal we specialise in Australian immigration law. This area, and particularly the framework surrounding the 132 visa, is unique, complex, and ever-changing.

We know that the 132 visa programme requires the investment of a significant amount of resources and money.  We also know that there is no room for error.

As both practising lawyers and Registered Migration Agents we have a detailed understanding of Australian migration law. This allows us to deliver accurate and efficient solutions to meet our client’s individual needs.

We understand business in Australia. Our team provides clear and concise advice on all aspects of the 132 visa process.

You can apply for this visa when you are in Australia, or if you are outside of Australia. It is important to make the right choice, and to understand all the requirements.

To help with your 132 visa, you want someone with insight and understanding. That’s where we come in.

For your business visa, lawyers in Adelaide at MSM Legal are ready to assist you today. Call and book an appointment, 08 8161 5088.

Business Innovation and Investment (Provisional) visa: Subclass 188

This is a temporary visa. It allows you to conduct business in Australia, to own or manage a business in Australia, or conduct entrepreneurial activities. With this visa, you may stay in Australia for up to 4 years and 3 months.

Business Innovation stream

You may manage a new or existing business in Australia with this visa. It is a provisional Business Innovation visa. You must participate in the management of the business at a senior level.

If you already hold the Business Innovation and Investment visa in the Business Innovation stream, you might be eligible to extend your stay. If you apply for a Business Innovation Extension visa you may be able to stay for another 2 years.

In order to be eligible for this extension you are required to hold your Subclass 188 visa in the Business Innovation stream for a minimum of 3 years.

Investor stream

This temporary visa requires a minimum investment of AUD1.5 million in an Australian State or Territory.

Significant Investor stream

This visa is also temporary, and requires a minimum investment of AUD5 million in Australia. If you have a complying investment, there are other requirements that must also be met in order to qualify for this visa.

To apply for your business visa, contact our law firm in Adelaide, South Australia. MSM Legal offers exceptional attention to detail throughout the process.

If you already hold the Business Innovation and Investment visa in the Significant Investor stream, you might be eligible to extend your stay for an additional 4 years. This will allow you to stay in Australia for a total of 8 years. This time begins from the date you were granted your Subclass 188 visa in the Significant Investor stream.

Premium Investor stream

This is a provisional visa. You must invest a minimum of AUD 15 million in Australian investments and/or philanthropic contributions. Your investment activity in Australia must be ongoing. You must be nominated by Austrade in order to qualify for this visa.

Entrepreneur stream

This visa requires a nomination from an Australian State or Territory government agency. In addition, you must have a funding agreement in place. Once you have this provisional visa, you may carry out entrepreneurial activities in Australia.

Business Innovation and Investment (Permanent) visa: Subclass 888

Subclass 888 is a permanent visa. To be eligible for this visa, you must hold the relevant stream of the subclass 188 visa. The application must be completed online for this visa.

Because this is a permanent visa, you will be able to work and study in Australia. You will be eligible for Medicare, Australia’s public health care scheme. You can also sponsor family members to come to Australia.

Business Innovation stream

To be eligible for this visa, you must hold either a relevant stream of the subclass 188 visa. Alternatively, you might be eligible if you hold a subclass 444 (Special Category) visa, or a subclass 457 (Business (Long Stay)) visa.

You must also be able to show that you have ongoing business involvement in Australia. If you are granted this visa, you may stay in Australia permanently.

Investor, Significant Investor and Premium Investor streams

To qualify for a permanent visa in these streams, you must have held the required investment (different for each stream) for the duration of your subclass 188 visa.

Entrepreneur stream

You must have held the Business Innovation and Investment (Provisional) visa (subclass 188) in the Entrepreneur stream for 4 years. This visa also requires that you have lived in Australia for a minimum of 2 years while holding the subclass 188 visa. You will be required to show records that document your success in your entrepreneurial activities during your stay under your subclass 188 visa.

State or Territory Sponsored Business Owner visa | Sub class 892

You may qualify for this visa if you currently hold one of the following visas:

  • Business Owner (Provisional) visa (subclass 160)
  • Senior Executive (Provisional) visa (subclass 161)
  • Investor (Provisional) visa (subclass 162)
  • State/Territory Sponsored Business Owner (Provisional) visa (subclass 163)
  • State/Territory Sponsored Senior Executive (Provisional) visa (subclass 164)
  • State/Territory Sponsored Investor (Provisional) visa (subclass 165)

State or Territory Sponsored Investor visa | Subclass 893

Are you the primary holder of a State/Territory Sponsored Investor (Provisional) visa (subclass 165)? If you have spent more than 2 years (over the last 4 years) in Australia, then you can apply for this visa.

How can we help you? 

Contact MSM Legal to talk about your business investor visa; Australia changes the guidelines for these regularly.

It is so important to have accurate and up-to-date advice. It is, over time, becoming more difficult to lodge your application and be certain that you have met all the requirements of the Australian government.

To apply for your business or investment visa, contact our law firm in Adelaide, South Australia. MSM Legal offers exceptional attention to detail throughout the process.