Business Innovation Extension stream

As the visa applicant, you must,

• hold, or in certain cases must have held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream
• hold, or in certain cases must have held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream
• have held the Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream for at least 3 years
• not have held more than one Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream visa
• be nominated by a 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 hold a Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream and have held it for at least three years, unless COVID-19 concessions apply. See Covid-19 Concessions section for details.

You must also have held a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream for at least 3 years.

• You must have a current nomination from a State or Territory agency before being invited to apply for this visa.
• You must be able to demonstrate your business activities are of a nature that will require a substantial presence in Australia to operate your business and manage its day-to-day affairs.
• Your main business must have been operating actively in Australia for at least 2 years immediately before applying for this visa, unless COVID-19 concessions below apply.

COVID-19 concessions

• If during the ‘COVID-19 concession period’, you hold or held a:
• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream that was granted on or before 30 June 2019; or
• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream, and your Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream was granted on or before 30 June 2019
• Your main business must have been operating actively in Australia for a combined period of at least 2 years while you held one or both of these visas. You must also continue to have an ownership interest in that main business.

• You must have maintained your commitment to stay directly involved in the day-to-day management and decision-making of the business.
• You and your partner must have had no history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
• All applicants aged 18 or over at time of application who did not pay a second instalment of the visa application charge for a previous subclass 188 visa application, must either have functional English or you will be asked to pay the second instalment of the visa application charge. See the charge details in General Notes section.
• 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.

• operate a new or existing business in Australia
• travel to, enter and remain in Australia for 6 years after the date of the grant of the Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream that you held at the time of application
• bring eligible members of your family with you
• apply for a permanent Business Innovation and Investment (Permanent) visa (subclass 888) Business Innovation stream if certain requirements are met

You might be able to extend your total visa duration to 8 years after the date of the grant of the original Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream if the visa that you held at the time of application was a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream and COVID-19 concessions apply.

There are arrangements 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 during the ‘COVID-19 concession period’, AND it was granted on or before 30 June 2019;

OR

• hold or held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream during the ‘COVID-19 concession period’ :
  • have not held more than one of these visas; and
  • were granted a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream on or before 30 June 2019.

You and your family members who are part of your application must comply with all visa conditions and Australian laws.

Meet your business obligations

While the holder of this visa, you must:

• have a substantial ownership stake in a business in Australia
• genuinely have a realistic commitment to take part in its day-to-day management, at a senior level

In the business, you must do at least one of these things:

• add to commercial activity and competitiveness within the Australian economy
• develop business links with international markets
• employ people in Australia
• export Australian goods
• introduce new or improved technology, or
• produce goods or services that Australia would otherwise import

Follow Australian workplace laws

All workers in Australia (including visa holders) have rights and protections at work. Pay rates and workplace conditions are set by Australian law.

If you operate a business in Australia, you must comply with workplace laws. The Pay and Conditions Tool (PACT) can help you with:

• pay rates
• shift calculations
• leave arrangements and notice
• redundancy entitlements

• This is a provisional visa. You can stay in Australia for up to 6 years after the date of the grant of the Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream that you held at the time of application; or up to 8 years if COVID-19 concessions apply.
• You must apply for a new visa if you want to stay longer. Once you have this visa, you can apply for permanent residence through the Business Innovation and Investment (Permanent) visa (subclass 888) Business Innovation stream if certain requirements are met. Consult with our expert registered migration agents to explore your visa options.
• You can include members of the family unit in your application when you apply. You can also add your dependent child to your application at any time before a decision is made on your application.
• You must pay an extra charge for any applicant 18 years old or older who has less than functional English. This charge is the second instalment. You are required to pay it only when DOHA asks you to. The second instalment charges are:
  • main applicant: AUD 9,795
  • family members: AUD 4,890