Business Innovation stream

As the visa applicant, you must,

• hold, or in certain cases must have held a Business Innovation and Investment (Provisional) visa in the Business Innovation stream, a Business Innovation and Investment (Provisional) visa in the Business Innovation Extension stream, a Special Category visa, or, in some cases, a subclass 457 visa
• meet certain business requirements
• have a current nomination from an Australian state or territory government agency

• You can be in or outside Australia when you apply for the visa and when a decision is made on your application, but not in immigration clearance.
• You must be the primary holder of an eligible visa.
• Unless COVID-19 concessions apply, you must be the primary holder of a:
  • Business Innovation and Investment (Provisional) visa Business Innovation stream
    
  • Special Category visa (SCV) (subclass 444)
  • Business Innovation and Investment (Provisional) visa Business Innovation Extension stream, or
  • in certain cases, a subclass 457 visa
    You can also apply if you are the secondary visa holder of a Business Innovation and Investment (Provisional) visa and your spouse or de facto partner is the primary holder of a Business Innovation and Investment (Provisional) visa in the Business Innovation stream or Business Innovation Extension stream.
    See the COVID-19 concessions section to see if COVID-19 concessions apply in your case. Alternatively, consult with our expert registered migration agents to check if the concessions apply for you.
• You must have a current nomination from a state or territory government agency.
  When you applied for your Business Innovation and Investment (Provisional) visa, you submitted an expression of interest. A state or territory saw your expression of interest and nominated you.
  You do not need to provide a new Expression of Interest. But the state or territory needs to confirm that your nomination is still current.
  Check with your state or territory here:
  • Australian Capital Territory http://www.canberrayourfuture....
  • New South Wales http://www.business.nsw.gov.au...
  • Northern Territory http://www.nt.gov.au/
  • Queensland https://www.migration.qld.gov.au/
    
  • South Australia http://www.migration.sa.gov.au/
  • Tasmania http://www.migration.tas.gov.au/
  • Victoria http://www.liveinvictoria.vic.gov.au/
  • Western Australia http://www.migration.wa.gov.au/
• For the 2 years immediately before you apply, you must have:
  • had, and continue to have, an ownership interest in up to two main businesses in Australia
  • had a direct and continuous management role in that business or businesses
  • submitted Business Activity Statements to the Australian Taxation Office
  • an Australian Business Number for each of your main businesses
• For the 24 months immediately before you apply, you must own at least:
  
  • 51% of the total value of a business with a turnover of less than AUD400,000 per year, or
  • 30% of the total value of a business with a turnover of AUD400,000 or more per year, or
  • 10% of the total value of a business that is operated by a publicly listed company
  • Business acquisition
    If you bought your main business (or businesses) from a person who applied for or held:
    • a Business Innovation and Investment (Permanent) visa or
    • a permanent business skills visa (in subclasses 890, 891, 892 or 893)
    • at the time of the acquisition, you must show that you and that person co-owned the business for at least 1 year before you apply.
• Your main business or businesses (or the business or businesses of your spouse or de facto partner, or of you and your spouse or de facto partner together), had an annual turnover of at least AUD300,000 in the 12 months immediately before the application was made.
  You might not need to have a turnover of AUD300,000 if the nominating State or Territory government agency has determined that there are exceptional circumstances.
• You must meet the assets and employees requirement.
  For the 12 months immediately before you apply, you or your partner (or you and your partner together) must show at least 2 of the following:
  • assets of AUD200,000 net value in your main business (or 2 main businesses) in Australia
  • personal and business assets in Australia of AUD600,000 net value
  • equivalent of at least 2 full-time eligible employees in your main business
• If you want to meet the employee rule, your employees must work in your main business (or main businesses) and:
  • be Australian citizens, Australian permanent residents, or holders of valid New Zealand passports
  • not be members of your family
  • You might not need to meet the assets and employees requirement if the nominating State or Territory government agency has determined that there are exceptional circumstances
• You must have followed Australian laws while staying and operating your business. When operating your business in Australia, you and your partner must have followed:
  • Commonwealth laws
  • the laws of the states or territories where your business operated
  • This includes laws about taxation, superannuation and workplace relations.
• All applicants aged 18 or over at the time of application must either have at least functional English or you will be asked to pay the second instalment of the visa application charge. See General Notes section for details.
• You must meet the residence requirement.
  Unless COVID-19 concessions apply, you must have been physically present in Australia for at least 1 year in the 2 years immediately before you apply as the holder of a:
  • Business Innovation and Investment (Provisional) visa Business Innovation stream
  • Special Category visa (SCV) (subclass 444)
  • Business Innovation and Investment (Provisional) visa Business Innovation Extension stream, or
  • in certain cases, a subclass 457 visa
• COVID-19 concessions
  • Arrangements are in place for provisional visa holders who may have been disadvantaged as a consequence of the COVID-19 pandemic.
  • You must have been in Australia for a least 1 year in the 2 years immediately before you apply.
  • During the ‘COVID-19 concession period’, time spent overseas will count as time being in Australia if you were the holder of one of the following visas:
    • Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream
    • Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream
  • Your first visa in the Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream must have been granted on or before 30 June 2019.
• You and your partner must not have been involved in any business or investment activities that are unacceptable in Australia.
• You must have a realistic commitment to continuing your business and investment activities in Australia.
• You and any family member included in this application must meet all the health and character requirements
• You or any family member must not have any debt to pay to the Australian government. If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
• If you are 18 years of age or older, you must: have read, or had explained to you, the Life in Australia AND confirm you will respect the Australian way of life and obey Australian laws when you sign an Australian Values Statement

Note: If you have had a visa cancelled or previous application refused, you may not be granted a visa.

• stay in Australia permanently
• work and study in Australia
• enrol in Australia's public health care scheme, Medicare
• sponsor your relatives to come to Australia
• travel to and from Australia for 5 years
• if eligible apply for Australian citizenship

Arrangements are in place for provisional visa holders who may have been disadvantaged as a consequence of the COVID-19 pandemic.

From 19 September 2020 until 3 months after the end of the ‘COVID-19 concession period’, you can also apply for this visa if you held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream or Business Innovation Extension stream which expired during the concession period.

You can also apply from 19 September 2020 until 3 months after the end of the ‘COVID-19 concession period’ if you were the secondary visa holder of a Business Innovation and Investment (Provisional) visa (subclass 188) and:

• your visa expired during the concession period; and
• your spouse or de facto partner is the primary holder of a Business Innovation and Investment (Provisional) visa in the Business Innovation stream or Business Innovation Extension stream.

• This is a permanent visa. It lets you stay in Australia permanently.
• You can include members of the family unit in your application when you apply. You can also add dependent children to your application at any time before a decision is made on your application.
• You might have to pay an extra charge for any applicant 18 years old or older who has less than functional English. This charge is the second instalment charge. Only make the payment when DOHA asks you to. The second instalment charge is AUD4,890.
  You only need to pay it for family members who did not pay the second instalment charge for their Business Innovation and Investment (Provisional) visa.

• You can travel to and from Australia as many times as you want for 5 years from the visa grant date. This is as long as the travel facility on this visa remains valid. If you want to travel after the initial 5-year travel facility you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident or apply for Australian Citizenship. Consult with our expert registered migration agents to see if you are eligible for an Australian Citizenship.