Eligibility

In order to be eligible for the Subclass 188A Business Innovation Stream (Provisional), Applicant must meet the following requirements:

  1. Be under the age of 55 years old when invited to apply (exemptions may be applicable)
  2. Have at least 65 points
  3. Lodged an Expression of Interest in which you have received an invitation to apply for
  4. Be nominated by an Australian State or Territory government
  5. Business turnover of AUD$750,000 for at least 2 of the last 4 fiscal year prior to visa application (businesses can be combined)
  6. Ownership percentage of:
    1. 51% if businesses have a turnover of less than AUD$400,000
    2. 30% if businesses have a turnover of more than AUD400,000
    3. 10% if businesses are operated by a publicly listed company
  7. Have total net business and personal assets of AUD$1.25 million that is available to be transferred to Australia within 2 years of visa grant

Updates

As of July 2021, this visa stream is valid for up to 5 years with an available permanent residency pathway after 3 years of continued involvement in business activities located in their nominating state or territory government.

Points Test

Criteria Threshold Points
Age 18 – 24 years old 20
25 – 32 years old 30
33 – 39 years old 25
40 – 44 years old 20
45 – 54 years old 15
55 years old and older 0
English Language Skills Vocational English 5
Proficient English 10
Educational Trade certificate, diploma or bachelor degree by an Australian education institute; or a bachelor qualification recognised by an educational institution of a recognised standard 5
Bachelor degree in business, science or technology by an Australian institution or educational institution of a recognised standard 10
Financial Assets (You and your partner’s Net business and personal assets preceding 2 fiscal years before the time of invitation) Not less than AUD$750,000 5
Not less than AUD$1.25 million 15
Not less than AUD$1.75 million 25
Not less than AUD$2.25 million 35
Business Turnover (2 out of the last 4 fiscal years) Not less than AUD$750,000 5
Not less than AUD$1.25 million 15
Not less than AUD$1.75 million 25
Not less than AUD$2.25 million 35
Business Experience Not less than 4 years within the preceding 5 years 10
Not less than 7 years within the preceding 8 years 15
Business Innovation Patents or designed registered not less than 1 year before time of application 15
Trademarks registered not less than 1 year before time of application 10
Ownership in and day to day participation in the management of one or more main business operated under a formal joint venture agreement/s entered into not less than 1 year before time of application 5
Ownership interest in a main business(es) that derives no less than 50% of annual turnover from export trade 15
Ownership interest in a main buisness(es) not more that 5 years before:

  • Had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years and
  • in at least one of the 3 fiscal years employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full-time employees
 10
Ownership interest in a main business(es) that received:

  • A grant from a government body in your home country of at least AUD$10,000 for the purposes of early phase start up of a business, product commercialisation, business development or business expansion or
  • Venture capital funding of at least AUD100,000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion
 10
Special endorsement The nominating State or Territory government agency has determined that your proposed business is of unique and important benefit to the State or Territory where the nominating government agency is located 10

HOW IT WORKS

Application Process

Step 1.Expression of Interest

In order to be eligible for the Subclass 188A Business Innovation Stream (Provisional), we will need to submit an Expression of Interest (EOI) to get state nomination. We will look at the documents you are able to provide prior to submitting the EOI to ensure that we are able to provide evidence to further support the points claimed in the EOI, if not it may result in a refusal.

Step 2.Preparation of documents

Upon the submission of the EOI, we will have to wait until a state or territory issues an invitation to apply for the visa. We will start preparing all the documents beforehand so that we are ready when the invitation is issued. You will only have 60 calendar days from the the date of invitation to apply so it is crucial that we start preparing early.

Step 3.Visa Application

Depending on the invitation round, you can start applying for the visa once you have received an invitation. Receiving an invitation does not guarantee a successful application, we will submit the documents necessary that will best maximise your chances at a positive outcome. Additionally, we will also respond to all Request for Further Information (RFI) from the Department of Home Affairs within 14 days.

Benefits

01. Temporary residency 02. Full work & study rights 03. Travel freely 04. Sponsor family members 05. Apply for permanent residency

Temporary residency

Holders of the Subclass 188A Business Innovation Stream (Provisional) will be able to live and work in Australia without any limitations.

flyworld migration 188A Benefits

Full work & study rights

Holders of the Subclass 188A Business Innovation Stream (Provisional) will be able to live and work in Australia without any limitations.

flyworld migration 188A Benefits

Travel freely

Holders of the Subclass 188A Business Innovation Stream (Provisional) will be able to travel in and out of Australia without having to apply for another visa while the visa is valid.

flyworld migration 188A Benefits

Sponsor family members

Holders of the Subclass 188A Business Innovation Stream (Provisional) will be able to add family members as dependents on the application (if eligible).

flyworld migration 188A Benefits

Apply for permanent residency

You can apply for permanent residency through the Subclass 888A Business Innovation Stream (Permanent) if all requirements are met after 3 years of holding the Subclass 188A Business Innovation Stream (Provisional).

flyworld migration 188A Benefits
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Process and prompt response

Did you know that your visa outcome depends on the quality of application made to the Department of Home Affairs? A proper decision-ready application will always bring you a faster decision from the DHA. At Flyworld Migration, our registered migration agents in Melbourne will provide you with tailor made instructions and a checklist of documents, and an application for a visa will be made with a legal submission. This process will assist case officers to cross check your application with relevant legislative provisions and finalise the application.

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Book an Appointment
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If you need professional assistance from the best immigration lawyers in Melbourne, book a free consultation today with Flyworld Migration. Call us on 03 8783 8138 or submit an online enquiry. We will assign a solicitor to help you apply for a suitable visa so you can live out your dream of studying or working in Australia.

How we can help you

Subclass 188

Business Investment &
Innovation (Provisional) Visa

Subclass 188 is a provisional visa for people with business skills that allows you to operate a new or existing business in Australia.

Subclass 132

Business Talent
(Permanent) Visa

Sublcass 132 visa is for experienced business owners, to operate a new or existing business in Australia.

Subclass 888

Business Investment &
Innovation (Permanent) Visa

Subclass 888 Business Innovation and Investment (Permanent) visa (subclass 888).