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 genuine and realistic commitment to:
- you and/or your spouse or de facto partner must have a genuine intention to live in the State or Territory whose government agency nominated you
- continue business and investment activity in Australia after your visa ends
You must also maintain your investment for the whole of the visa period and comply with Australian workplace laws.
To be eligible for the grant of a Business Innovation and Investment (Permanent) visa (subclass 888) in the Significant Investor stream, you must also live in Australia for at least 40 days per year for the duration of your provisional visa. Or your spouse or de facto partner must live in Australia for at least 180 days per year for the duration of your provisional visa. These days do not need to be consecutive.
Maintain your investment
You must make a complying significant investment of at least AUD5 million over 4 years. You must hold complying significant investments continuously for the life of your provisional visa. You can switch between complying significant investments if:
- you reinvest the funds you withdraw from an investment into other complying significant investments within 30 days
- the sum withdrawn is the same as, or less than, the sum reinvested irrespective of any gains and losses due to market exposures
If you reinvest funds into a complying significant investment within 30 days, DOHA count that as holding them continuously.
If you withdraw funds from venture capital or emerging company investments, you must reinvest the funds into venture capital or emerging companies.
If you withdraw funds from the 'balancing investment' category of investments, you can reinvest them into another balancing investment, venture capital or emerging companies.
If you withdraw funds from venture capital because the venture capital investment has been realised, you must reinvest those funds. You can reinvest them in any eligible complying significant investment.
Income that you earn from your complying significant investment in Australia may be subject to tax under an Australian taxation law.
Note that the rules that were in force at the time that you applied for your Business Innovation and Investment (Provisional) visa (subclass 188) in the Significant Investor Extension stream will continue to apply for the duration of your visa. This includes any Business Innovation and Investment (Provisional) visa (subclass 188) in the Significant Investor Extension stream visas you apply for that relate to your visa.
You might want to seek independent legal advice to ensure that an investment is a ‘complying significant investment’. It is your responsibility to ensure your investment options comply with this visa's requirements.
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