AUSTRALIAN BUSINESS VISA
Obtaining An Australian Business Visa
Whether you are a small business owner, looking to expand your business into Australia, or an investor, we can assist you in making the right visa application based on your individual circumstances. An Australian business visa is attainable through different ‘streams’, each with different qualifications.
The 3 Streams For Australian Business Visas
For migrants wishing to invest in Australia and maintain business and investment activity in Australia.
Significant Investor Stream
For migrants wishing to make a significant investment into complying investments in Australia and maintain business and investment activity in Australia.
Business Innovation Stream
This stream is designed for people with a successful business career and a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia. If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business. At the time of invitation, you, your partner, or both of you combined must have total net assets of at least AUD800 000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted. You and your partner must have had no involvement in unacceptable business or investment activities.
To be eligible you must:
- Be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.
- Score at least 65 on the points test.
- For two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500 000 turnover in each of those years
- Own at least one of the following percentage of your nominated main business:
51 per cent, if the business has a turnover of less than AUD 400 000 per year
30 per cent, if the business has a turnover of AUD 400 000 or more per year
10 per cent, if the business is a publicly listed company
- Have an overall successful business career
- Have a genuine desire to continuously own and maintain a management role in a business in Australia
- be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory
- score at least 65 on the points test. Please see the Points test tab on this webpage for further information.
- have a high level of management skill in relation to the eligible investment or qualifying business activity
- have at least three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments
- have an overall successful record of eligible investment or qualifying business activity
- have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured
- have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment.
You, your partner, or you and your partner combined must:
- for at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
➤ a qualifying business in which you, your partner or you and your partner combined had at least 10 per cent ownership interest, or
➤ eligible investments owned by you, your partner or you and your partner combined of at least AUD1.5million.
- during the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted
- make a designated investment of at least AUD1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory
- have had no involvement in unacceptable activities.
Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.
Significant Investor Stream
This is the business visa stream for migrant investors who make an investment of at least AUD 5,000,000 into complying investments in Australia. Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law. You and your partner must not have been involved in unacceptable business or investment activities.
You must also have a genuine and realistic commitment to reside in the state or territory whose government agency nominated you, continue your business and investment activity in Australia after your complying investment matures and live in Australia for at least 160 days over four years while holding your provisional visa.
You must invest A$5 million over 4 years in the following proportions:
- At least AUD500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. Note the Government expects to increase this to $1million for new applications within two years as the market responds;
- At least AUD1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); and,
- A 'balancing investment' of up to AUD3 million in fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible Australian corporate bonds or notes, annuities and real property in Australia (subject to the 10% limit on residential real estate).
Visa applicants may change between complying investments, provided they continue to meet the proportions outlined above and meet specified reinvestment requirements.
Putt Legal works with several reputable ‘fund of funds’ provider who have the necessary Australian financial licences to invest your funds in the appropriate proportions and ensure safe returns on your investment.
Why Putt Legal?
Putt Legal are your specialists in Immigration Law. We can assist you in making your migration to Australia seamless. The Australian visa process can be complex and confusing, our lawyers work with you to guide you through every step of the way. We are highly qualified and experienced in immigration law matters and are committed to providing expert advice in every individual case.