9AM – 5:30PM

Monday to Friday

L7, 10-14 Smith St

Parramatta NSW 2150

(02) 9635 7966

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We are leaders in commercial, private client, and government law

中文     16th October 2018

9AM – 5:30PM

Monday to Friday

L7, 10-14 Smith St

Parramatta NSW 2150

(02) 9635 7966

Call Us

Investors and Business Innovation

What is an Investors and Business Innovation Visa?

The visas under this category allow investors and successful business owners to stay in Australia. They provide a pathway to permanent residency.

The disadvantage of applying under this category is you cannot apply for a permanent visa directly. As an applicant under this category, you have to go through two stages before a permanent visa can be obtained:

(a) you must first apply for a temporary visa – if granted, this visa allow you to stay in Australia for 4 years and 3 months; and

(b) after either operating your business for 2 years in Australia or maintaining your Australian investment for 4 years (or 1 year if you are a Premium Investor)

What are the requirements for the visas under this category?

There are five (5) main pathways

All references to $ mean AUD currency

1. Business Innovation: the main requirements are, among others:

  • must be nominated by the State (the State generally imposes additional requirements)
  • must be less than 55 years old – however the State can waive this requirement
  • must have had qualifying ownership in companies (can be more than one) with turnover (or revenue) of more than $500,000 in the past 2 years*
  • *in NSW the turnover requirement is $1 million if you want to migrate to Sydney and the number of businesses you can nominate is capped at 2 – the turnover requirement for migration to NSW non-regional area remains to be $500,000
  • qualifying ownership means
    • you owe more than 51 percent if the business has annual turnover of less than $400,000
    • 30 percent if the business has a turnover of $400,000 or more
    • 10 percent for publicly listed company
  • qualifying ownership means
  • you and your partner must have a total business and personal asset of at least $800,000 at the time of applying
  • must have a desire to continue a management role in Australia
  • score 65 in the point test – this point test is summarised here
  • must not have involved in any unacceptable business practice

2. Investor: the main requirements are:

  • must be nominated by the State
  • you and your partner must make at least $1.5 million in designated investment
  • net asset of you and your partner must be at least $2.25 million* (in NSW, the minimum asset requirement to move to Sydney is $3 million – to move to NSW regional area, same requirement: $2.25 million)
  • must be less than 55 years old – this can be waived
  • score 65 in the point test
  • have at least 3 years of experience as an investor (*there are more requirements)

3. Significant Investor:

  • must be nominated by the State
  • must invest $5 million strictly in accordance to the Department’s requirements, the migration policy and regulations

4. Premium Investor

  • must invest $15 million strictly in accordance to the Department’s requirements, the migration policy and regulations

5. Entrepreneur

  • must be under 55 years old
  • must undertake to directly manage a complying entrepreneur activity in Australia (but not for residential real estate, labour hire and purchase of an existing franchise in Australia)
  • A complying entrepreneur activity must meet strict requirements, including but not limited to:
    • you have entered a funding agreement for at least $200,000 from the Commonwealth, State, Publicly Funded Research Foundation or other venture capital investors recognised by the Department
    • you must have at least 30 percent interest in the nominated business at the time you sign this agreement
  • and other requirements

How we can help you

  • assessment of success prospect
  • reviewing your business documentation – our relationship with the finance and accounting industry will be help helpful during your investment decision
  • assisting in the application for state nomination and visa
  • commercial advice on incorporation, funding agreement and others

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We serve all of the legal needs of individuals, government and businesses, regardless of their complexity, throughout all of Sydney and beyond.

We are industry leaders, and we never lose sight of the outcome that you want. We guide you through the legal process to achieve that outcome.

Our growth and our success, comes from the growth and success of our clients.

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