Business Visa in QLD: 188 and 888 visa, 491 visa

Business Visa in QLD offers a great opportunity for migrant business owners to start and operate their own business or investment ventures.  There are a number of business visa options, and depending on your circumstances and qualities you should be able to apply for permanent business visas or a temporary visa that would allow you to legally operate your business in Queensland.

We understand an investment or setting up your own business can be quite difficult on its own let alone as a migrant. Therefore, at Path Migration, we have helped many clients from several countries set up their businesses in different states of Australia. We have had clients from Bangladesh, Hong Kong, India and Sri Lanka, to name only a few, who currently have very successful businesses running in Australia in different industries, including education, IT, etc. Therefore if you want to know more about how to get a successful application you can check out the rest of this write up, and for personalized professional consultation you can reach out to us any time.

Business Visa in QLD: Why Invest in Queensland?

Before we address the more complex questions, we believe that it’s very important that you should know why you’d want to invest in Queensland. Aside from being called the Sunshine state for it’s beautiful weather and having the most thriving tourism industry, it also has so much more to offer. It provides your business and investment venture to do greatly with the following qualities:

• A very stable and resilient economy.
• A government that actively engages and implements policies to help businesses and to bring in more investments.
• Although the world is still recovering from the growth lags ensued by Covid -19, Queensland has quite a strong forecast for a substantial growth.
• As someone with business acumen you must know the intense pressure for the businesses to cover the perpetual operating cost. Well, we are delighted to disclose that Queensland has relatively lower operating costs. Therefore, you would have the flexibility to use your revenue for more sustainable business activities, like investing in your brand or getting more assets.
• Surrounded by world-class universities and different industries, you would always have access to a highly trained, experienced and diverse workforce for your business.
• In fact, we are pleased to report that as an Asia Pacific location, Queensland makes quite a great strategic move on your part to attract investments for your business.

We hope the brief lists of reasoning have at least sparked a curiosity in you to look further into this and finally get the Business Visa in QLD to help you operate in your dream business.

Business Visa in QLD: State Nominated Visa Options

There are actually quite a few options available for Business Visa in QLD you to choose from. It is important to note here that before you can apply for a business visa in QLD, you would first need an invitation from the state. All the nominations form the Queensland Government are processed by Migration Queensland; more on this will be discussed in subsequent sections.

The Business Visa in QLD that allows you to legally enter operate your business or make an investment in Queensland are as follows:

• Business Innovation and Investment (Provisional) visa (Subclass 188)

• Business Innovation and Investment (Permanent) visa (Subclass 888)

• Skilled Work Regional (Provisional) visa (Subclass 491)

• Investor Retirement (Temporary) visa (Subclass 405) Renewal

Please be aware that from July 1st 2021, the Business Talent (Permanent) visa (Subclass 132) has been closed to all the new applicants. Therefore, the new applicants now need to apply for any one of the above Business Visa in QLD.

Business Innovation and Investment (Provisional) visa (Subclass 188) 

This is a state-nominated Business Visa in QLD that allows you to run your business or make an investment in Queensland for 5 years. Although it’s a provisional visa, it’s a good option to choose when you aren’t able to meet the demanding minimum requirements of the Subclass 888. Moreover, it helps create a pathway to transition to the permanent visa later on.

In order to apply for this visa, you’d need to apply under the following streams:

• Business innovation Stream: This is designed for individuals who want to own and operate a new business or an existing business in Queensland.
• Investor Stream: If you are someone looking for investment ventures and instruments, instead of running a business then this stream would be a good fit for you. For example investments under this stream would look like investments in Queensland Treasury Corporation (QTC) bonds. For those of you wondering what QTC- its Queensland’s corporate treasury service provider. For more information on Queensland Bond and how to invest in it, look here.
• Significant Investor Stream: This stream is designed for investors who are looking to invest at least AUD 5 million, in Complying Investment according to the Complying Investment Framework (CIF).
• Entrepreneur Stream: This stream targets start-ups and the entrepreneurs who are at their early stage. It’s important to note here, that even if this sounds like you, you would first need an endorsement to develop your concept to be able to apply under this stream.

Subclass 188 Eligibility Criteria

Depending on the stream, the eligibility criteria for Subclass 188 is going to vary. In order to secure this visa, you’d need to meet the minimum eligibility requirements set by both the Department of Home Affairs and the Migration Queensland.

The table below outlines the eligibility criteria for the 188 Subclass Business Visa in QLD:

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

If you have already held the 188 visa, this is the subsequent Business Visa in QLD that you can apply for, which should allow you to continue your business and investment ventures in Qld on a permanent basis. Like the previous visa, this permanent subclass also comes with a choice of four streams.

In order to apply for this visa, you’d need to apply under the following streams:

• Business innovation Stream: If you have held the following visa categories, you can apply for this visa.
  • Subclass 188: Business Innovation Stream
  • Subclass 188: Business Innovation Extension Stream
  • Subclass 444: Special Category Visa
  • Subclass 457: Business (Long Stay) Visa
• Investor Stream: It’s for the investors to continue their investments.
• Significant Investor Stream: It’s for the investors to continue their investments.
• Entrepreneur Stream: If you have held the following visa categories, you can apply for this visa.
  • Subclass 888: Entrepreneur Stream
  • Subclass 188: Entrepreneur Stream

Subclass 888 Eligibility Criteria

To be eligible you usually need to be the holder of Subclass 188 and other categories of Business Visa in QLD mentioned in the prior section, along with meeting the following requirements set by the Department of Home Affairs and Migration Queensland.

Skilled Work Regional (Provisional) visa (Subclass 491)

If you are a small business owner in regional Qld, you can apply for this visa under the Small business owners in regional Queensland stream. If approved for this Business Visa in QLD, you will be able to live and operate your business in regional Qld for 5 years. Like the previous visa categories, this visa is also based on point test score and requires state nominations. More information on eligibility conditions are available below.

Subclass 491 Eligibility Criteria

In order to apply for this provisional visa (Subclass 491) you need to meet the minimum eligibility requirement set by both the Department of Home Affairs and the Migration Queensland.

Subclass 491 also has other streams to apply under. To know more about the other streams under Skilled Work Regional (Provisional) Visa (Subclass 491) and Skilled Nominated Permanent Visa (Subclass 190), you look here.

Investor Retirement (Temporary) visa (Subclass 405) Renewal

If you have held a Retirement visa (Subclass 410) or Investment Retirement visa (Subclass 405), you can apply for a renewal by emailing (migration@qld.gov.au) the Migration Queensland . You would need to provide the following information:

• Your full name 
• You date of birth
• Your current visa expiry date

After you have sent your email, the Migration Queensland will get back to you with all the necessary documents to lodge your renewal application.

How to apply for Subclass 188, 888 and 491?

Step 1

Before you start with anything you need to vigorously check:

• The minimum eligibility requirement and visa conditions set by both the Department of Home Affairs and the Migration Queensland for the Business Visa in QLD.
• Get a good idea on the document checklist.
• Prepare all the necessary documents.
• Start with the preparation beforehand so that you don’t miss any important deadlines.

Step 2

You need to submit an Expression of Interest (EOI) for the appropriate Business Visa in QLD , for Migration Queensland to evaluate whether you qualify for state nomination or not.

• You need to submit the EOI on SkillSelect.
• Include your work experience and all other relevant information, more is discussed in the subsequent step.
• Make sure to select “Queensland ”as your nominating state, as applications with specified states will be given priority over those with “Any”.

Step 3

If you’re applying for a Skilled Work Regional (Provisional) visa (Subclass 491) under the Small business owners in regional Queensland stream, then you need to submit the following form:

• Submit the online 491- Small Business Owner Assessment form

Step 4

After your EOI for the appropriate Business Visa in QLD has been evaluated by Migration Queensland, if you qualify for the nomination you’ll be notified via an email invitation. The email invitation will ask you to lodge an application and provide the following documents. All the documents need to be uploaded digitally via the Document Portal link on your email invitation.

• Queensland State Nomination Application Form
• Business Proposal
• Home Affairs Form 1139A

Step 5

Once your application and provided documents have been assessed and approved you will receive an invitation from Migration Queensland. Following the invitation you will need to do the follow:

• Upload all the required documents
• After all the documents are successfully uploaded, you need to make payment of the non-refundable application fee to finalize your application.

Step 6

If the Queensland Migration approved your completed application, you should receive an invitation from the Department of Home Affairs to lodge your visa application for the requested Business Visa in QLD. You would need to complete your application within 60 days from the date of invitation.

It’s important to note that if you miss any of the lodgement dates, you would need to restart the whole application process for Business Visa in QLD and you need to wait for 6 months before you can apply again.

What we can do for you?

If you are worried where to start or achieve the right Business Visa in QLD or other states or territories then we can assure you that you are in the right place. At Path Migration, we have already helped new and seasoned investors and entrepreneurs to set up their business all over Australia. We have a team of immigration lawyers who are specialized in this field. Aside from having an in-house chartered accountant, we also partner with various industry stakeholders to provide you with a holistic service. We also handle visa refusals and visa cancellation cases. If that happened to you, you mustn’t waste any time and get in touch as soon as possible as these are very time-sensitive cases.

If you sound like someone who would benefit from our wide network of industry specialists and would like to put forward the best application for your Business Visa in QLD, then you can contact us or directly email to hello@pathmigration.com.

You may also be interested in:

• Queensland’s Skilled Migration Program- 190 visa and 491 visa

• Business and Investor visas in NSW

• How to Set Up a Company in Australia?

• Employer’s Guide For Foreign Workers Sponsorship Under the 482 Visa Stream

• Skilled Migration Visas For Australia

The post Business Visa in QLD: 188 and 888 visa, 491 visa first appeared on Path Migration and is written by sonal

NSW has opened various categories of Business and Investor visas that accommodate different investors, enabling them to establish their business in Australia. In comparison to other countries’ investment programs, the Australian Investment Visa pathway is considered more secure. The reason is this pathway allows the investor to invest in their own business, rather than providing the funds to another company to invest for you.

These Visas not only ensure a lifetime of business returns for you and your business, but also opens up your pathway for permanent residency. If you are wondering why invest in NSW, then look no further as we have jotted down only a few points, which we believe are enough for seasoned investors to realize the benefits.

Why invest in NSW?

• Firstly, Sydney undoubtedly has the majority share of the nation’s investments, therefore, NSW allows you to benefit from the developed infrastructure that’s already in place.
• Let’s not forget about the infinite possibilities that a good network of like-minded individuals can open up for you. You will be able to be a part of a community that will not only guide you with your business endeavours but also act as a safety net when encountered with difficulties.
• Being Australia’s largest and most diverse state economy, NSW gives you access to a market that is strong and resilient.
• To find out more information on why it makes sense to invest in NSW, please visit here.

If you are worried where to start or how it’s going to work out for you then we can assure you that you are in the right place. At Path Migration, we have already helped new and seasoned investors and entrepreneurs, to set up their business in NSW and all over Australia. Below is a summary of businesses we helped setting uo.

What can Path Migration do for you?

At Path Migration, we have a team of experienced immigration lawyers who are specialists in this field. We have helped clients from different countries, below we only list a few notable ones.

• Entrepreneurs and Investors from India: We have assisted many clients from India, who are aspiring entrepreneurs, innovators and businessmen. Through our in house network and resources, we assisted them in setting up businesses in the IT sectors, e-commerce and setting up educational institutions. One of the main requirements that Australian Investor clients from India need to ensure is that the information on Companies House India is accurate at time of visa application. We work very closely with the client to ensure that we reach out to the relevant body and get all the required documents to help with the application.
• Entrepreneurs and Investors from Bangladesh: The huge number of clients we have from Bangladesh have allowed us to establish an amazing network of community that we can always refer to our prospective Bangladeshi clients. For Investor clients from Bangladesh, the source of funds is a very important aspect of application to consider. At Path Migration, we understand that sometimes, it’s not always feasible for clients to understand exactly how the documentations on the sources of funds need to be presented. Therefore, to help you and ensure your application is submitted seamlessly, we have an in-house chartered accountant that assists with preparing the submission to satisfy the source of funds element of the investment visa.
• Entrepreneurs and Investors from Hong Kong: At Path Migration, we are considerate of the ongoing political situation there. In fact, the Australian Government has provided certain exemptions to the requirements due to the political situation in Hong Kong. Therefore, we can process the applications from the Australian Investor visa, while they are in Hong Kong. One of the key requirements that Hong Kong clients need to provide is Property valuations from the Royal Institute of Chartered Surveyors. Our team will be working closely with you to ensure that you properly understand the documents required and your best application is put forward for both you and your family.

If you have decided that you’d also like to be a part of the esteemed investor’s hub of NSW, then we are pleased to let you know that you have a couple of options that will allow you to achieve that. The Business and Investor Visas in NSW have already opened for 2021-2022.

Below is a list of visas you can apply to.

Provisional Visas

This is a temporary visa category that allows you to temporarily stay and set up your business in Australia. These visas also allow you to transition to permanent residence late on.

Business Innovation and Investment (Provisional) Visa (subclass 188)

This visa will allow you to establish your own business in NSW. Therefore, if you apply for this visa, you can own, manage and actively run your business in NSW, after you have successfully been nominated. There are various streams under which you can apply. The streams are as follows.

Business Innovation Visa stream (Subclass 188A)

As an investor if you have already established a business that is profitable and operating well, then this is a visa stream that you can consider applying for.It lets applicants operate a new or existing business in NSW.

Business Investor Visa Stream (Subclass 188B)

This is a temporary visa that is suitable for individuals who have had thriving experience in business ownership or investment management, which means the CEOs, senior managers and/or experienced investors. This provisional visa requires applicants to invest at least $2.5 million in designated investments and maintain business or investment activity in NSW.

Significant Investor Visa Stream (Subclass 188C)

This visa stream does not have any maximum age limit, therefore, as an investor if you are above the age of 55 this is a visa that is worthwhile to consider.This is for people who invest at least $5 million in designated investments and maintain investment activity in NSW.

Entrepreneur Visa Stream (Subclass 188E)

If you are an investor with profitable entrepreneurial skills and a project that will be successful in Australia, this is one visa stream that you might consider applying for. This mainly targets startups and early stage entrepreneurs to develop their projects in NSW.

Permanent Visas

The permanent visas usually have higher requirements to fulfill before they are granted. Therefore, if you think you might meet most of the requirements of the permanent visas, then you can apply for any one of the visas listed below.

Do note that, although any requirements may appear similar but each visa category is different, therefore, before applying we encourage you to carefully consider which visa category you are applying for.

Business Owner visa (Subclass 892)

This is a permanent visa. It lets you stay, own and manage a business in NSW indefinitely. To be able to apply for this visa,you need to hold any of the following visa subclasses:

• 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)

Investor visa (Subclass 893)

If you hold a NSW Sponsored Investor(Provisional) visa (Subclass 165), then this visa allows you to continue your business or investment activity in NSW. To be eligible for this visa you need to show that you have had investment worth AUD 750,000 for 4 years.

Business Innovation and investment (Permanent) Visa (Subclass 888)

For entrepreneurs, investors and business owners to continue their activity in NSW.

• Business Innovation Stream: This visa lets holders of a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Business Innovation Extension stream, or holders of a subclass 444 (Special Category) visa, or certain holders of a subclass 457 (Business (Long Stay) visa, stay permanently in NSW.
• Investor Stream: This visa lets you continue your investment activities in NSW permanently.
• Significant Investor Stream: This visa lets you continue your investment activities in NSW permanently.
• Entrepreneur stream: This visa lets you continue your investment activities in NSW permanently.

Other Visas

Investor Retirement visa (Rollover) (Subclass 405)

The Investor Retirement visa (subclass 405) is for self-funded retirees who have no dependents and want to live inNSW during their retirement years. You can only apply for this visa if you hold a current 405 visa

Discontinued Visas

NSW is no longer offering the following visas.

Business Talent (Permanent) visa (Subclass 132)

From April 16, 2021, NSW stopped accepting applications for this visa.

Significant Business History Stream (Subclass 132)

NSW has stopped taking applications for this visa category as well.

If you have any questions or concerns about anything, do not hesitate to contact us at hello@pathmigration.com.

 For more information, please visit:

• New South Wales Skilled Migration Program for 2021-2022
• How to Set up a Business in Australia?
• Skilled Migration Visas For Australia
• Changes to Business Visa Australia: What it means for investors?

The post Business and Investor Visas in NSW first appeared on Path Migration and is written by sonal

Investors’ visa or business visas are one the common visas that allow investors to legally enter and operate in Australia. In most cases, these visas also pave a pathway for permanent residency in Australia. If you are someone who is looking to invest in Australia, this article contains all the information that you should know before investing.

How to invest in Australia?

There are a variety of ways that you can invest in Australia.

• You can make a foreign direct investment that is productive. In fact, given how foreign direct investment has helped the Australian economy grow and prosper in the last couple of decades, it is highly welcomed by the Australian Government.
• You can also invest through acquiring Australian shares and assets. In that case, every acquisition will be reviewed by the Australian Foreign Investment Review Board (FIRB) to ensure that the Australian interest is upheld.

Generally, the majority of the investment proposals succeed in getting approval. After the approval, foreign investors share the same rights and protections as that of the domestic investors under the Australian laws.

What are the different government levels in Australia?

Australia has a representative parliamentary democracy with a multi-layer governance system. There are three levels of government with distinct and defined law-making powers:

• Federal Government: The Federal government makes decisions through the Federal Parliament in Canberra, located in the Australian Capital Territory (ACT).
• State/ Territory: Australia has six federated states and two federal territories with their individual self-governing parliaments.
• Local Councils: There are 560 local councils (also called shires or municipalities).

As a foreign investors it’s crucial to have a good understanding of this multi-layer governance system, as each layer tends to affect a number of sectors and industries that you may intend to invest in.

What is Foreign investment framework?

The foreign investment review framework is set by the Foreign Acquisitions and Takeovers Act 1975 (the Act) and the Foreign Acquisitions and Takeovers Fees Impositions Act 2015 (the Fees Imposition Act). The Australian Government expects both foreign and domestic investors to operate within the framework, ensuring high standards of conduct at all times.

According to the Act, the foreign investors are required to notify the treasurer of any proposed foreign investments that meet the requirements criteria. The Treasurer holds the power to review these investment proposals and ensure they uphold national interest. Most of the proposed investments are approved. While notifying the Treasurer of the proposed investments, the foreign investors are also required to pay a fee according to the Fees Imposition Act.

What are the new Foreign investment reforms?

To better accommodate the latest changes in the world and Australian economy, new reforms have been introduced in Australia’s foreign investment framework from 1st January 2021.

The reforms update the framework in a range of areas, including in relation to national security, compliance monitoring and enforcement, and streamlining certain investments. A simpler and fairer fees framework is also introduced.

Importantly, the reforms preserve the underlying principles of the framework: that Australia welcomes foreign investment for the significant benefits it provides but also ensures that investments are not contrary to the national interest. Australia’s foreign investment framework remains non-discriminatory and applications will continue to be assessed on a case‑by‑case basis.

What are Investor obligations?

As mentioned above, we further stress that all the investors are expected to understand Australia’s regulatory environment and abide by all the relevant requirements to maintain the highest standards of corporate behaviour.

For more information on obligations of which foreign investors, please check the Fact sheets by FIRB.

How to Obtain Approval?

You need to lodge an application in advance of any transaction. You can submit the application electronically on the Foreign Investment Review Board (the FIRB) web portal.

All Applications must have a cover letter. The cover letter must include the following information.

•  A clear detailed statement about the proposed transaction. With information on commercial rationale behind the transaction including any information regarding the size and significance of the target.
• The extent to which the transaction may affect Australia’s ability to protect its strategic and security interests and any steps (proposed or taken) to mitigate potential risk.
• Any impact of transaction on other government policies including taxation, environmental impacts and native title.
• The impact of the investment on the economy and community, including changes in employment, investment in the local area, and the entity’s future plans for the target and timing.
• Any information regarding domestic or international investigations
• For entities and businesses you must provide structure diagrams including holding entities (both direct and indirect) of the entity, target and target group both (1) pre-implementation and (2) post-implementation. Pre and post implementation structure diagrams are required for all applications with interest details (ie: per cent holdings) outlined up to the ultimate owner.
• Entities and businesses also need to include copies of last financial year’s audited financial statements or, if unavailable, latest financial records or unaudited financial statements are needed to be added.
• At the time of application, a fee is payable.
• After submitting your application, the Treasurer has 30 days to consider an application and make a decision. In certain circumstances, the Treasurer may extend this period by up to a further 90 days. The applicant will be notified about this extension through a written notice.

How to come to Australia?

After the approval of your application, you can apply for a business visa that best suits your needs and requirements. Since the Australian Migration Law is always changing it’s hard to provide a fixed guidance or recommendation. Therefore, it’s always best to verse yourself with the latest information prior to applying.

However, as per the new changes from July 2021, the following business visas are available for application.

• Business Innovation and Investment (permanent) visa (subclass 888)
• Business Innovation and Investment (provisional) visa (subclass 188)
• Business Owner (subclass 890)
• Business Talent (Permanent) visa (subclass 132)
• Distinguished Talent visa (subclass 124)
• Global Talent visa (subclass 858)
• Employer Nomination Scheme (subclass 186)
• Investor visa (subclass 891)

The eligibility requirement of each of the visa varies, therefore, before applying you need to see for which category you meet the requirement.

What can Path Migration do for you? 

Path Migration has a team of immigration lawyers who are experts in Migration Law. We have an in house network that can help you both set up your business in Australia and provide you with all the resources you need to operate your business in Australia.

To ensure that all the documents are correctly added to all your applications, we also have in house accountants, therefore, you don’t have to worry about any financial document you may lack. We take pride in consulting our clients throughout the process to ensure that we are submitting the best application and are successful.

We have already helped establish businesses in the education and IT sector in Australia. Our clients come from all over the world, but in recent times we have helped many clients from India, Bangladesh, Pakistan, Sri Lanka and Hong Kong to help set up their business in Australia. In addition to that, we have helped them to settle down in Australia with their families.

If you sound like someone who is interested to begin their next journey in establishing a successful business then do not hesitate to Contact Us or send us an email to hello@pathmigration.com. Why wait when you can book a consultation right now and get started!

You may also be interest in: 

• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream
• Australian Business Innovation and Investment Program
• Skilled Migration Visas for Australia
• Australia’s Key Economic Indicators

The post Investing in Australia: FAQ first appeared on Path Migration and is written by sonal

The Australian Capital Territory (ACT) government has newly added another stream to their Skilled Migration Program helping you achieve 190 visa. It is the Small Business Owner (SBO) stream that acts as a pathway to achieving 491 or 190 nominations in ACT, for anyone who meets the underlying requirements. This is one of the smart ways to aim for permanent residency in the long run.

Currently, aside from ACT, two states are also offering an opportunity for a place in the Small Business Owner stream. The states are Tasmania and Queensland. Therefore, or an individual looking to be nominated through this stream there are a couple of options for them to browse through. However, one must be cautious about the eligibility conditions because depending on the state and/ or territory they vary.

Before getting into the details of how to apply for the invitation of a place through the Small Business Owner stream, then subsequently applying for the visa, we’d first look into the eligibility conditions. To help you better understand the eligibility conditions and also know your options, the eligibility criteria of Queensland, Tasmia are also listed below, along with that of the ACT. This helps you with comparing the Small Business Owner stream in these states and territories, therefore, choose the option that better suits your situation.

The underlying conditions for the Small Business owner stream are as follow:

As you can see from the above table that briefly lists the conditions applicable for the SBO nominations, depending on the state and territory, the requirements are different. Therefore, before applying, you should carefully consider which state and territory gives you the best chance of success. In fact, we also recommend that you seek professional counselling to help you make the best decision.

If you believe that you are better suited to secure a place in the Small Business Owner stream in the ACT, then you can look into the application procedure outlined in the latter section.

Important Updates

Unlike other states and territories, the ACT follows a matrix system that determines your eligibility based on the score you get. Generally, anyone meeting the eligibility conditions can apply, however, the selection for invitation depends on the demand for the inhibition. The minimum cut off score is also decided after all the applications have been received and the total demand has been assessed.

Before moving on to the application procedure, there are few important things to take under consideration. Following the July 2021 announcements, few updates have been made to the ACT Small Business Owner stream. The updates are listed below:

• You are no longer required to provide the Commitment to Canberra statement.
• If you are a self-employed applicant then you should earn at least AUD520 per week, in case of full time employment, it should be AUD1000.
• The requirement that employees need to work in Canberra for an interstate employee has now been simplified. As they are able to work in a service office but it can be online or from home.
• The spouse employment requirement has also been simplified. In case your spouse fails to meet the requirements of being employed for at least 3 months, that’s still alright, as an tertiary qualification from an Australian institution in any occupation now suffices. The tertiary qualification can include 3 year trade, a Bachelor’s degree, Master’s degree or PhD.
• Unlike some states, for ACT 190 and 491 nomination under the SBO stream, one does not need a full time work right. Rather, the SBO employment eligibility is dependent on one’s minimum income, instead of working hours. Therefore, if you hold a student visa and have a minimum earning of AUD 13,000 in six months then you can apply for 491 and 190 ACT nomination.
• This update is for the best, as the SBO supporting documents have been reduced, however, a stat dec confirming the ACT business activity/ employees is still essential.

Application Process

Based on the above eligibility criteria and the recent updates, if you deem yourself eligible then you can follow the following steps.

• Submit the Canberra Matrix: First you are required to submit the Canberra Matrix in order to determine your score. It is important to note that one a matrix has been submitted, it can neither be updated nor be withdrawn. Therefore, you must be cautious so as not to make any error or provide any  misleading information in your matrix.

• Apply for ACT Nomination: If you have been invited to apply based on your score then you now need to apply for the ACT Nomination. You must make this application within 14 days after the day of the invitation grant. You also have to make a payment of AUD 300 as application fee. The ACT government only [provides one nomination place per person, unless you have a genuine reason for them to do otherwise. Therefore, you make sure that you are keeping track of your deadlines and your application does not have any errors.

• Apply for the Visa: If you successfully get nominated  by the ACT, you are then required to apply for the appropriate visa with the Department of Home Affairs. You must be wary that you need to apply for the visa within 60 days since you have been granted nomination.

This application process although appears pretty straightforward, however, understanding what papers to include and which category or streams gives your application the best chance of success can be a very complex and overwhelming process In addition to that these processes are very time sensitive, therefore, you must always be vigilant regarding anything that might be asked of you and provide those documents on a timely basis.

At Path Migration, we have dealt with any applications and have always had a successful application. We take the time to carefully go through our clients’ documents and personal circumstances so that we are able to put forward an application that gives you the best chance of success.

Not only have we helped with applications for current students and recent graduates, but we have also assisted set up businesses in Australia for offshore applicants. We have also had a good many experiences with skilled individuals seeking permanent residency by highlighting how their work experiences are so well related to their current occupation and the occupation nominated.

If you are someone who is actively looking for permanent residency in Australia and would like professional consultation regarding your personal situation then do not hesitate to contact us. At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

You may also be interest in: 

• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream
• Australian Business Innovation and Investment Program
• Skilled Migration Visas for Australia
• Australia’s Key Economic Indicators

The post Small Business Owner Stream: A Pathway for 190 Visa first appeared on Path Migration and is written by sonal

Australia is one of the leading countries, where citizenship through investments is widely common. Therefore, to  streamline the immigration process, few changes have been made to the Australian Business Innovation and Investment Programme (BIIP). The number of visa streams have been cut down from nine to only four streams.

The four BIIP streams are as follow:

• Business Innovation Visa Stream- Applicant must establish and manage new or existing businesses in Australia
• Business Investor  Visa Stream- Applicant must invest AUD 1.5 million in an Australian state government or local government bonds
• Significant Investor Visa Stream- Applicant must invest AUD 5 million in an Australian state government or local government bonds
• Entrepreneur Visa Stream- Applicant must commercialize an innovative business and obtain an investment agreement of AUD 200,000 and operate that commensurate business enterprise in Australia

Further details about how these visa streams function and important criteria to consider are explained below.

Business Innovation Visa Stream (Subclass 188A)

As an investor if you have already established a business that is profitable and operating well, then this is a visa stream that you can consider applying for. In order to put a measure to the success of your business, the following criteria needs to be met:

• You have to ensure that you owned the business for a minimum of 2 fiscal years from 4 fiscal years.
• Your business is making an annual turnover of no less than AUD $700,000.
• Your age cannot be more than 55 years of age. This means a great opportunity for a lot of investors in their 40s and 50s wanting to start a business in Australia. Another vital aspect to note is that if you can prove that your business will be very profitable and will add a lot of economic value then certain states or territories may choose to  waive the age restriction.
• In addition to that, you need to have a net asset of a minimum of AUD 1.25 million. This can be a combined net asset value for both yourself and your spouse.
• Finally you need a score of 65 on the Expression of Interest (EOI) point test.

Once this Business Innovation stream visa (subclass 188A) is granted, you will get to live and run your visa for up to five years from the day of the visa grant.

After five years of this visa, if your business meets the minimum turnover and financial assets requirement, you can consider applying for permanent residence visa, though Business Innovation and Investment visa (subclass 888A).

However, if you don’t qualify for Subclass 888A, then you can choose to extend your 188A for another two years. It is important to know that this two year extension is only a single extension and you need to sufficiently prove that you are committed to running your business successfully in Australia.

In comparison to other countries’ investment programs. The Australian Investment Visa pathway is considered more secure. The reason is this pathway allows the investor to invest in their own business, rather than providing the funds to another company to invest for you. In countries like America, United Kingdom and Canada, the investment requires the applicant to invest the funds with other companies. This means that your investment return is dependent on someone else. Most of our investor clients prefer this pathway as they control the management of their investment.

At Path Migration, we have assisted clients from a number of countries:

• Australia Investor Visa from India: We have assisted a number of Investor clients from India who have set up business in Australia. They have set up businesses in the IT sectors, e-commerce and setting up educational institutions. One of the main requirements that Australian Investor clients from India need to ensure is that the information on Companies House India is accurate at time of visa application.
• Australian Investor Visa from Hong Kong: We have assisted a number of clients from Hong Kong. The Australian Government has provided certain exemptions to the requirements due to the political situation in Hong Kong. The processing of the Australian Investor visa for clients from Hong Kong is undertaken in Hong Kong. One of the key requirements that Hong Kong clients need to provide is property valuations from the Royal Institute of Chartered Surveyors. The Path Migration team includes a  Mandarin and and Cantonese speaking lawyer. You can contact Gary directly at Hello@pathmigration.com
• Australian Investor Visa from Bangladesh: We have assisted a number of Investor Visa clients from Bangladesh. One of the major considerations from Investor clients from Bangladesh is the source of funds. Path Migration has an in-house chartered accountant that assists with preparing the submission to satisfy the source of funds element of the investment visa.

Business Investor Visa Stream (Subclass 188B)

This is a temporary visa that is suitable for individuals who have had thriving experience in business ownership or investment management, which means the CEOs, senior managers and/or experienced investors. If you have had these experiences for no less than three years with a proven track record of success you can consider applying for this visa, given you meet the following criteria.

• Similar to the last visa stream, it is required that applicants are not over the age of 55, however, if you can prove how economically beneficial your investment will be then certain states and territories may overlook the age requirements. If you feel that you don’t meet that requirement, you can consider the significant investor visa, discussed in the next section.
• To be able to apply for this visa you have to make a minimum investment of AUD 1.25 million in Australian state government or local government bonds; and you need to maintain that investment plan for 4 years.
• Your combined net asset is no less than AUD 2.25 million.
• You have a minimum score of 65 on the Expression of Interest (EOI) point test.
• You can sufficiently prove that you are committed to carrying on with business or investment activities in Australia after the maturation of your initial investment.

The Subclass 188B visa is granted for 5 years. Given the recent changes, if you want to pursue permanent residency then you can apply for permanent residency after three years of maintaining your investment. However, for your permanent residency visa to be granted you need to continue maintaining your investment for the fourth year. In addition to that, you need to live in Australia for two years during that period before you can apply for a permanent visa.

Significant Investor Visa Stream (Subclass 188C)

Unlike the prior streams we have looked into, this visa stream does not have any maximum age limit, therefore, as an investor if you are above the age of 55 this is a visa that is worthwhile to consider.

• As an investor, you are required to make an investment of no less than AUD 5 million, and you have to sufficiently prove that you are intending to hold that investment during your visa duration.
• If you are successfully granted this visa then you will be able to stay in or travel to and from Australia for five years.

Given the recent changes made in July 2021, after five years of this visa, you are able to get two two-year extensions of this provisional visa. However, you still need to hold your investment during this extended period of four years.

Alternatively, if you meet the business or residency requirements, then after three years of holding this visa, you can apply for permanent residency.

Entrepreneur Visa Stream (Subclass 188E)

If you are an investor with profitable entrepreneurial skills and a project that will be successful in Australia, this is one visa stream that you might consider applying for. With an investment requirement that is comparatively the among all the visa streams discussed above this stream is designed to attract investments from innovators and business acumen.

• To be considered for this visa stream, you need to have an agreement with a verified entity to fund a minimum of AUD 200,000 to undertake entrepreneurial activities in Australia. However, this AUD 200,000 threshold will be scrapped, instead, you need to be endorsed by the state or territory.
• For endorsement, you have to come up with a feasible and profitable business plan.
• Furthermore, a good character requirement must be maintained by both yourself and your family.

Like the previous visa classes, this visa is also granted for a period of five years. While holding this temporary visa, if you can showcase a track record of successful entrepreneurial activities then you can apply for permanent residency through Subclass 888E.

Given the changes made, the number of places in the Australian Business Innovation and Investment Programme (BIIP) has increased to 13,500 for the fiscal year 2020-2021. Therefore, this is a very good opportunity for you to consider if you are planning to migrate to Australia.

As you look into investor visas, you might also need to consider the appropriate visa applicable for your family as well; along with understanding all the visa conditions and visa requirements. We understand that this can be a very complex and overwhelming process.

At Path Migration, we have a team of experienced immigration lawyers who are specialists in this field. If you are seeking professional advice regarding your personal situation and would like a partner to walk you through this process, you can contact us.

 For more information, please visit:

• How to Set up a Business in Australia?
• Changes to Business Visa Australia: What it means for investors?
• Investor Visa Australia: landing in the land of opportunities
• Australian Federal Budget 2021: An immigration threat or opportunity?

The post Australian Business Innovation And Investment Programme (BIIP) first appeared on Path Migration and is written by sonal

As an investor, you might be looking into setting up your own company in Australia. Setting up a company is a relatively more complex and costly process. Unlike the other forms of businesses such as sole proprietorship and the partnership, a company is considered to be a separate legal entity. That means that a company has similar rights like any individual. It can have debts, assets, liabilities, bank accounts and it can also sue or get sued like any other person.

This also means that there’s a lot more reporting and paperwork involved for setting up and running a company in Australia. In a company structure, all the assets and liabilities of a company are separate from that of the shareholders or the directors. The distinction between the shareholders and the directors comes from the fact that the former group is the actual owner of the company; and the latter are appointed or voted by the shareholders to run the company. Sometimes, the directors can also own a certain portion of the company shares, in which case they play both the roles.

Since, the company’s assets and liabilities are separate, director’s personal wealth can’t be used to pay off company debt in case something goes wrong. However, if the directors are found to be in violation of their responsibilities, their personal assets may be used to pay off the company stakeholders.

The company’s profit and loss statements are separately reported to the Australian Tax Office (ATO), which are subjected to the company tax rate. A company needs its own Tax File Number (TFN) but one does not need to register the company for that as the ATO will create a TFN by default. However, it’s important to know that a company needs to have a public officer, and they also have to notify the ATO about that.

A public officer is hired to ensure that the company is following all the tax laws and regulations, keeping detailed tabs of all the transactions and business operations. They also submit the company’s tax returns and in case of any issue regarding the company, the ATO contacts them.

The company can employ staff, in which case the company needs to ensure that the staff are getting their minimum entitlement. The company is also required to set up and give superannuation to their employees.

While setting up the company, it’s important to remember what kind of company is suitable for your business. There are two types of companies:

• Proprietary limited company
• Public company

Both these types of companies need to be registered with the Australian Securities & Investment Commission (ASIC). ASIC is a national corporate regulator that enforces laws to ensure the safeguarding of consumers, inventors and creditors.

The proprietary limited companies are the most common type in Australia and are subject to certain restrictions.

• Firstly, they cannot raise any money from the general public. They need to have a minimum of 1 shareholder, and cannot have more than 50 non-employee shareholders.
• In addition to that, there must be a  minimum of one director, living in Australia, to help run the company.

As an investor if you want to be the sole shareholder and want to run the company by yourself, then this company structure allows you to do so. You can take the role of both the single shareholder and the director. The perk to running a limited company is that in case the company goes into bankruptcy or incurs losses, as a shareholder your liability is only limited to the capital you have invested in this company, rather than having any of your personal assets seized to pay off the company debt.

On the other hand, a public company can raise money from the public.

• They don’t have any limit to the number of non-employee shareholders.
• To set up a public company, it needs a minimum of one shareholder, one secretary and three directors.
• Among the directors, at least two of the directors must be living in Australia.
• Similarly, the secretary should also be living in Australia.
• The company is also obligated to notify the ASIC in case of any changes to the officeholders, failure to do so might result in hefty penalties.

To sum up, the all the different registrations you need to undertake to set up your business are as follow:

As a foreign investor another important thing to note is what kind of visas are applicable for you, so that you are able to legally set up and operate your business. Currently business visas are provided under the Business Innovation and Investment Program (BIIP). There are four classes of BIIP:

• Business Innovation Visa (188A);
• Business Investor visa (188B);
• Significant Investor Visa (188C);
• Entrepreneur Visa (188E).

In order to understand which 188 visa class is suitable for you, you can seek professional and reliable immigration legal advice.

At Path Migration, we have a team of immigration lawyers who are specialists in this field, therefore, if you have any questions  please do not hesitate to  contact us or book a consultation.

For more information, please visit:

• How to set up a business in Australia?
• Constitution and replaceable rules
• How to set up a partnership in Australia?
• Australia Federal Budget 2021: An immigration threat or opportunity?

The post How to Set up a Company in Australia? first appeared on Path Migration and is written by sonal

Deciding whether to enter the Australian market or establish a business in Australia can be very complex. There are a number of factors that investors should be aware of when choosing which direction to go. Investors need to decide if they want to establish a new company, procure an existing one or register an existing foreign business. Based on the decision investors make, the rules and regulations may vary.

To begin with, a new business can be established through various forms of business structures. Each of the business structures are subject to their own set of legal obligations and tax laws that investors must be aware of. Aside from business structures, creating the business image through physical or virtual presence is quite a significant factor to consider too.

If you are deciding what structure you should opt for then, you should consider the four main types of business structures that are available:

• sole proprietorship
• partnership
• trusts 
• companies or corporations

Depending on which structure is suitable for your business, the laws and regulations for your business licenses, registrations and taxes will vary.

As an investor if you choose to establish a new company or set up a new subsidiary company, then you must know that in Australia, Australian companies are considered to be distinct legal entities. All the companies operating in Australia have to be registered with the Australian Securities and Investments Commission (ASIC). ASIC is a national corporate regulator that enforces laws to ensure the safeguarding of consumers, inventors and creditors.

If it is a foreign business that you’d like to register to be able to operate in Australia then that also needs to be registered with ASIC. ASIC has distinctly outlined all the rights and legal obligations subjected to foreign companies.

As a foreign investor, if you are procuring an existing Australian business then you can look into ASIC’s takeover and reconstruction guide. According to which, the investor must submit a formal proposal that needs to be accepted by the Australian Foreign Investment Review Board (FIRB). Once FIRB agrees that the proposal is in line with the Australian Government policy, only then can the investor move ahead with the takeover.

As you decide what kind of business you’d like to set up, you may also look into buying or leasing a suitable property for your business. Depending on which state or territory you choose to locate to, the legal obligations will vary. But it is vital that you are getting all the approvals and seeking also the preliminary assessments as mandated by the local government.

As a foreign investor, you can also list your company on the Australian Stock Exchange (ASX),  regardless of your company being an Australian company or an international company. To see if you are eligible to list your company or not, you first need to ensure that you meet all the preliminary requirements as set out by AXS.

Finally, don’t forget to register your company name. You can also trademark your business name on the IP Australia website, and you may also register for a domain name for your business.

As a foreign investor another important thing to note is what kind of visas are applicable for you, so that you are able to legally set up and operate your business. Currently business visas are provided under the Business Innovation and Investment Program (BIIP). There are four classes of BIIP:

• Business Innovation Visa (188A)
• Business Investor visa (188B)
• Significant Investor Visa (188C)
• Entrepreneur Visa (188E)

In order to understand which 188 visa class is suitable for you, you can seek professional and reliable immigration legal advice. At Path Migration, we have a team of immigration lawyers, who are specialists in this field. Therefore, if you have any questions  please do not hesitate to  contact us or book a consultation.

For more information, please visit:

• Why Australia is a safe destination for investment.
• ASIC’s guide to registering a company
• FIRB’s Investment information
• ASX guide to Listing on the ASX

The post How to Set up a Business in Australia first appeared on Path Migration and is written by sonal

The business visa Australia is one of the popular visa streams to attract investors and entrepreneurs into invest in Australian economy. Recently, the Minister of Acting Immigration, Citizenship, Immigration Services and Multicultural Affairs reviewed his policy to revamp the Australian business and investment in 2020 as part of the Morrison government’s initiative to economic reform. The Business Innovation and Investment Program (BIIP) will reduce the current business visa types from 9 to 4 categories and significant application requirements. It is anticipated that these will create jobs in targeted areas of investments aimed by the government affected by COVID-19. It is also expected that the number of available places under BIIP will be doubled in the upcoming years.

The 4 classes of BIIP, effective from July 1 2021 includes:

• Business Innovation Visa-188A (Applicant must establish and manage new or existing businesses in Australia – Requirement listed below)
• Business Investor visa-188B (Applicant must invest 1.5 Million AUD in an Australian state government or local government bonds)
• Significant Investor Visa-188C (Applicant must invest 5 million AUD in an Australian state government or local government bonds)
• Entrepreneur Visa-188E (Applicant must commercialize an innovative business and obtain an investment agreement of AUD 200,000 and operate that commensurate business enterprise in Australia).

For all 188 Visas, the applicant(s) must obtain nomination by the State government, and the process begins with the submission of an expression of interest (EOI),  each state government has their unique requirements on the type of skill set and kind of investments that they are after therefore prospective applicants need to understand what those requirements are before lodging their application.

This article outlines the GENERAL eligibility criteria and requirements for obtaining permanent residence through all types of 188 Visas.

188A Business Innovation Visa 

188A is suitable for experienced business people committed to establishing new or managing an existing business in Australia.

• The applicants are under 55 years old at the time of application
• Owns a business with a turnover of at least AUD 500,000 in the last 4 financial years.*
• Furthermore, the applicants should have combined corporate assets and personal assets of no less than $800,000 AUD.*
• Obtain at least 65 points on the EOI scoresheet.
• Demonstrates successful experience in participating in the operation and management of the enterprise.
• Have a basic level of English application. *

Note: From July 1 2021: the capital requirement for 188A will be increased significantly to ensure that the program attracts immigrants with mature business skills. Holders of the Business Innovation Visa (188A) will need to hold A$1.25 million in business assets (originally A$800,000) and an annual turnover of A$750,000 (originally A$500,000) to prove their business capabilities. Furthermore, the Expression Of Interest score screening criteria is expected to increase accordingly.

188B Investor Visa

188B are generally suitable for CEO, senior management and seasoned investors who do not directory own and operate a business.

• The applicants are under 55 years old at the time of application
• Directly participate in the operation/management of any of the following situations for at least 1 year in the recent 5 fiscal degrees:
• Hold at least 10% of the company’s equity and participate in operation/management, or participate in the operation/management of investment projects of at least $1.5 million AUD,
• The applicant’s company’s and personal net assets are above AUD 2.25 million.
• The applicant must invest at least A$1.5 million in Australian state government or local government bonds and plan to invest for at least 4 years.
• Obtain at least 65 points on the EOI scoresheet.
• Demonstrates successful experience in participating in the enterprise’s operation and management with at least 3 years of successful experience in managing enterprises or investments, establishing a high level of management skills, and having a basic English application level.

188C Significant Investor Visa 

188C is suitable for applicants with substantial wealth with most requirements attached with 188A and 188B Visa waived. In short, “money talks” is the motto for this Visa.

• No age restrictions.
• No EOI requirement.
• Minimum English proficiency is sufficient.
• Unlike 188A and 188B, the applicant is not required to live in Australia most of the time. The minimum residency requirement is 160 days for 4 years, which breaks down to 40 days a year.

The catch: The applicant must make at least A$5 million and a compliance investment of 4 years in Venture capital, Managed Fund or Balanced Investment (A Portfolio).

188E Entrepreneurial Immigration Visa 

188E aims to attract seasonal innovators and business acumen, the “best and brightest” in their field of high tech innovation and research. Starting at $200,000, the capital requirement for this Visa is by far the lowest of all BIIP Visa. Still, the academic and intellectual requirement is the highest. Without going into details,  the business requirements are similar to a venture capitalist business model.

All successful BIIP Visa applicants will obtain a 4-year Temporary Residence (TR) Visa in Australia. After receiving TR, the applicant must fulfill their respective visa requirements before applying for permanent residence.

If you require professional and reliable immigration legal advice, please do not hesitate to  contact us or book a consultation. 

For more information, we would recommend you to read:

• Investor Guide in Australia by Australian Trade and Investment Commission
• Investor Visa Australia: landing in the land of opportunities
• Understanding government Support Program in Australia

The post Changes to Business Visa Australia: What it means for investors? first appeared on Path Migration and is written by sonal