Business Visas in QLD offer a great opportunity for migrant business owners to start and operate their own businesses or investment ventures.  There are several Business Visa options, and depending on your circumstances, you should be able to apply for a permanent Business Visa or a temporary visa that would allow you to legally operate your business in Queensland.

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Business Visa in QLD: Why Invest in Queensland?

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Aside from being called the Sunshine State for its beautiful weather and thriving tourism industry, QLD has a lot to offer:

• A very stable and resilient economy.
• A government that actively engages and implements policies to help businesses and bring in more investments.
• Although the world is still recovering from the growth lags that ensued from Covid -19, QLD has quite a strong forecast for substantial growth.
• As someone with business acumen you must know the intense pressure for the businesses to cover the perpetual operating cost. Well, we are delighted to disclose that Queensland has relatively lower operating costs. Therefore, you would have the flexibility to use your revenue for more sustainable business activities, like investing in your brand or getting more assets.
• Surrounded by world-class universities and different industries, you would always have access to a highly trained, experienced and diverse workforce for your business.

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Business Visa in QLD: State-Nominated Visa Options

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There are quite a few options available for business visas in QLD. It is important to note here that before you can apply for a Business Visa in QLD, you would first need an invitation from the state. All the nominations from the Queensland Government are processed by Migration Queensland; more on this will be discussed in subsequent sections.

The Business Visa in QLD that allows you to legally enter operate your business or invest in Queensland are as follows:

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• Business Innovation and Investment (Provisional) Visa (Subclass 188)
• Business Innovation and Investment (Permanent) Visa (Subclass 888)
• Skilled Work Regional (Provisional) Visa (Subclass 491)
• Investor Retirement (Temporary) Visa (Subclass 405) Renewal

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Please be aware that from July 1st 2021, the Business Talent (Permanent) visa (Subclass 132) has been closed to all the new applicants. Therefore, the new applicants now need to apply for any one of the above Business visas in QLD.

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Business Innovation and Investment (Provisional) visa (Subclass 188) 

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This is a state-nominated Business Visa in QLD that allows you to run your business or make an investment in Queensland for 5 years. Although it’s a provisional visa, it’s a good option to choose when you aren’t able to meet the demanding minimum requirements of Subclass 888. Moreover, it helps create a pathway to transition to a permanent visa later on.

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To apply for this visa, you can apply under the following streams:

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• Business innovation Stream: This is designed for individuals who want to own and operate a new business or an existing business in Queensland.
• Investor Stream: If you are someone looking for investment ventures and instruments, instead of running a business then this stream would be a good fit for you. For example, investments under this stream would look like investments in Queensland Treasury Corporation (QTC) bonds. For those of you wondering what QTC is- it's Queensland’s corporate treasury service provider. For more information on Queensland Bond and how to invest in it, look here.
• Significant Investor Stream: This stream is designed for investors who are looking to invest at least AUD 5 million, in Complying Investment according to the Complying Investment Framework (CIF).
• Entrepreneur Stream: This stream targets start-ups and entrepreneurs who are in their early stages. It’s important to note here, that even if this sounds like you, you would first need an endorsement to develop your concept to be able to apply under this stream.

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Subclass 188 Eligibility Criteria

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Depending on the stream, the eligibility criteria for a 188 Visa are going to vary. To secure this visa, you need to meet the minimum eligibility requirements set by both the Department of Home Affairs and Migration Queensland.

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The table below outlines the eligibility criteria for the 188 Business Visa in QLD:

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Business Innovation and Investment (Permanent) Visa (Subclass 888) 

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If you have already held the 188 visa, this is the subsequent Business Visa in QLD that you can apply for, which should allow you to continue your business and investment ventures in QLD on a permanent basis. Like the previous visa, this permanent subclass also comes with a choice of four streams.

In order to apply for this visa, you need to apply under the following streams:

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Business Innovation Stream: If you have held the following visa categories, you can apply for this visa:

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• Subclass 188: Business Innovation Stream
• Subclass 188: Business Innovation Extension Stream
• Subclass 444: Special Category Visa
• Subclass 457: Business (Long Stay) Visa

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Investor Stream: It’s for the investors to continue their investments.

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Significant Investor Stream: It’s for the investors to continue their investments.

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Entrepreneur Stream: If you have held the following visa categories, you can apply for this visa:

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• Subclass 888: Entrepreneur Stream
• Subclass 188: Entrepreneur Stream

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Subclass 888 Eligibility Criteria

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To be eligible you usually need to be the holder of a 188 Visa and other categories of Business Visa in QLD mentioned in the prior section, along with meeting the following requirements set by the Department of Home Affairs and Migration Queensland.

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Skilled Work Regional (Provisional) Visa (Subclass 491)

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If you are a small business owner in regional QLD, you can apply for this visa under the Small Business Owners in Regional Queensland stream. If approved for this visa, you will be able to live and operate your business in regional QLD for 5 years. Like the previous visa categories, this visa is also based on point test scores and requires state nominations. More information on eligibility conditions are available below.

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Subclass 491 Eligibility Criteria

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In order to apply for a 491 Visa, you need to meet the minimum eligibility requirement set by both the Department of Home Affairs and Migration Queensland.

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Investor Retirement (Temporary) Visa (Subclass 405) Renewal

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If you have held a Retirement Visa (Subclass 410) or Investment Retirement Visa (Subclass 405), you can apply for a renewal by emailing (migration@qld.gov.au) the Migration Queensland. You need to provide the following information:

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• Your full name 
• Your date of birth
• Your current visa expiry date

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After you have sent your email, Migration Queensland will get back to you with all the necessary documents to lodge your renewal application.

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How to apply for Subclass 188, 888 and 491?

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Step 1

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Before you start with anything you need to prepare for certain things in advance:

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• Check the minimum eligibility requirement and visa conditions set by both the Department of Home Affairs and the Migration Queensland 
• Get a good idea on the document checklist
• Prepare all the necessary documents
• Start with the preparation beforehand so that you don’t miss any important deadlines

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Step 2

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You need to submit an Expression of Interest (EOI) for the appropriate Business Visa in QLD, for Migration Queensland to evaluate whether you qualify for state nomination or not.

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• You need to submit the EOI on SkillSelect.
• Include your work experience and all other relevant information, more is discussed in the subsequent step.
• Make sure to select “Queensland ”as your nominating state, as applications with specified states will be given priority over those with “Any”.

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Step 3

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If you’re applying for a Skilled Work Regional (Provisional) Visa (Subclass 491) under the Small Business Owners in Regional Queensland stream, then you need to submit a 491 SBO Assessment Form

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Step 4

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After your EOI  has been evaluated by Migration Queensland, if you qualify for the nomination you’ll be notified via an email invitation. The email invitation will ask you to lodge an application and provide the following documents. All the documents need to be uploaded digitally via the Document Portal link on your email invitation.

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• Queensland State Nomination Application Form
• Business Proposal
• Home Affairs Form 1139A

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Step 5

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Once your application and provided documents have been assessed and approved you will receive an invitation from Migration Queensland. Following the invitation you will need to do the following:

• Upload all the required documents
• After all the documents are successfully uploaded, you need to make payment of the non-refundable application fee to finalize your application.

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Step 6

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If the Queensland Migration approved your completed application, you should receive an invitation from the Department of Home Affairs to lodge your visa application for the requested Business Visa in QLD. You need to complete your application within 60 days from the date of invitation.

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It’s important to note that if you miss any of the lodgement dates, you will have to restart the whole application process for Business Visa in QLD and you need to wait for 6 months before you can apply again.

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.

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