BUSINESS AND INVESTOR VISAS
Migration to Australia, and especially under the Business and Investment Visa categories, is a complex process that requires the specialist advice and services of Immigration Lawyers. Kotze Law will guide, support and represent clients on various visa applications in a complete end-to-end service.
As a guideline, some of the main Business and Investor visas are:
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1. THE BUSINESS INNOVATION STREAM
This stream is for applicants that want to own and manage a new or existing business in Australia. Some of the obligations and requirements are:
- Be under 55 years of age.
- 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 AUD 500,000 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; and
- 10 per cent, if the business is a publicly listed company.
- 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.
- You and your partner combined must have total net business and personal assets of at least AUD 800,000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.
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2. THE INVESTOR STREAM
This stream is for people who want to make a designated investment of at least AUD 1.5 million in an Australian state or territory and want to maintain business and investment activity in Australia after the original investment has matured. Some of the obligations and requirements are:
- Be under 55 years of age.
- Score at least 65 on the points test.
- 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.
- During the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD 2.25 million that are available for legal transfer to Australia within two years of the visa being granted.
- Make a designated investment of at least AUD 1.5 million in a state or territory government security using unencumbered funds.
- 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 AUD 1.5million.
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3. THE SIGNIFICANT INVESTOR STREAM
The significant investor stream is for people who are willing to invest at least AUD 5 million into complying investments in Australia and want to maintain business and investment activity in Australia after the original investment has matured. Some of the obligations and requirements are:
- Make a complying significant investment of at least AUD 5 million over four years in the following proportions.
- At least AUD 500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies.
- At least AUD 1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange.
- A ‘balancing investment’ of at least AUD 3 million in managed funds that may invest in a range of assets, including ASX listed companies, Australian corporate bonds or notes, annuities and commercial real estate.
- Live in Australia for at least 40 days per year (calculated cumulatively) for the duration of your provisional visa, or your spouse to live for at least 180 days per year (calculated cumulatively) for the duration of your provisional visa.
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4. THE PREMIUM INVESTOR STREAM
This stream is for people who are willing to invest at least AUD 15 million into complying premium investments in Australia and want to maintain business and investment activity in Australia. Applicants must be nominated by AUSTRADE on behalf of the Australian government. Some of the obligations and requirements are:
- The premium investor stream is by invitation of AUSTRADE on behalf of the Australian government only.
- You must make a complying investment of at least AUD 15million.
GENERAL REQUIREMENTS
Apart from above, there are various other requirements that must be met (depending on the visa type) such as:
- - Genuinely wish to own, and maintain a major management role in, a business in Australia.
- - Meet the additional criteria for the stream in which you apply.
- - You and your family members must meet the health and character requirements.
- - You must be nominated by a State or Government agency to apply for the visa
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