A multicultural and friendly and opportunity-rich country, Australia is a top destination for people who wish to visit or make it their home. As a leading centre for foreign investments and business, Australia welcomes businesspeople who wish to set up a business or bring their existing business to Australian soil. With a top-notch pathway for businesspeople and investors, there is great potential for obtaining permanent residency (PR) through the investor visa pathway. 

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188 Visas 

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Your pathway to PR begins with the Subclass 188 visas in Australia. There are 5 streams within the Subclass 188 visas which you can choose from according to your needs and preferences. Although there are important variations, the essence of these subclasses is that they allow applicants to own and manage new or existing businesses in Australian territories/states. 

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Let’s dive briefly into the 5 visa streams. 

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Subclass 188A (Business and Innovation Stream) 

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• Only available to applicants who have been nominated by an Australian state/territory government. 
• Applicants must meet the points test for this visa. 
• To be nominated, the applicant must lodge an Expression of Interest (EOI) through the SkillSelect system. 
• A 5-year temporary visa is granted to people who wish to own and manage a new or existing business in Australia. 
• Once an ownership interest in the business is established, the applicant may apply for PR through the Business Innovation & Investment (Residence) Subclass 888 Visa. 
• Applicants can be either in Australia or overseas while applying for this visa. 
• The applicant’s business turnover must be at least AUD $750,000 and hold net assets of AUD $1.25 million.

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Subclass 188B (Investor Stream) 

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• Only available to applicants who have been nominated by an Australian state/territory government. 
• Applicants must meet the points test for this visa. 
• A 5-year temporary visa is granted to applicants who wish to make a designated investment in an Australian state/territory.
• After maintaining an investment in Australia for 4 years, the applicant may apply for PR through the Business Innovation & Investment (Residence) Subclass 888 Visa. 
• Applicants can be either in Australia or overseas while applying for this visa. 

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Subclass 188C (Significant Investor Stream) 

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• Only available to applicants who have been nominated by an Australian state/territory government.
• To be nominated, the applicant must lodge an Expression of Interest (EOI) through the SkillSelect system.  
• A 5-year visa is granted to applicants who wish to make an AUD $5 million investment in Australia. 
• After maintaining an investment in Australia for 4 years, the applicant may apply for PR through the Business Innovation & Investment (Residence) Subclass 888 Visa. 
• Applicants can be either in Australia or overseas while applying for this visa. 
• Offshore applicants must hold a Substantive Visa or Bridging Visa A, B or C Visa. 
• Primary visa holders are required to remain in Australia for an average of 40 days a year. 

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Subclass 188D (Premium Investor)

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• Only available to applicants who have been nominated by AusTrade. 
• A 4-year visa is granted to applicants who wish to invest at least AUD $15 million into complying investments in Australia. 
• After maintaining an investment in Australia for 1 year, the applicant may apply for PR through the Business Innovation & Investment (Residence) Subclass 888 Visa. Applicants can be either in Australia or overseas while applying for this visa. 
• Offshore applicants must hold a Substantive Visa or Bridging Visa A, B or C Visa. 

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Subclass 188E (Entrepreneur Stream)

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• Only available to applicants who have been nominated by an Australian state/territory government.
• To be nominated, the applicant must lodge an Expression of Interest (EOI) through the SkillSelect system.  
• A 4-year temporary visa is granted to applicants who are entrepreneurs with innovative ideas and financial backing from a third party. 
• After spending 2 years in Australia and being sponsored by a state or territory government, the applicant may apply for PR  through the Business Innovation & Investment (Residence) Subclass 888 Visa. Applicants can be either in Australia or overseas while applying for this visa. 
• Offshore applicants must hold a Substantive Visa or Bridging Visa A, B or C Visa. 

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While this is a brief overview of the general requirements, kindly visit our visa pages for more detailed information on each of the 5 streams. 

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The Global Talent Independent (GTI) Program 

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If you are a highly-skilled executive, entrepreneur, professional or businessperson, the Global Talent Independent (GTI) Program might be the right pathway to PR for you. This program is specifically designed to grow Australia’s innovation and tech economies and create opportunities for Australians through platforms such as transferable skills, innovation and job creation. 

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There are certain future-focused sectors the Australian government is seeking talent for, they include: 

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• Cybersecurity 
• Education 
• Agricultural technology 
• Circular economy 
• Defence, space and advanced manufacturing 
• Financial services and technology 
• Resources, energy and mining technologies
• Infrastructure and tourism 
• Health industries and medical technologies 
• Quantum information, advanced digital technology, data science, ICT

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To qualify for the GTI Program, applicants must be internationally recognized, prominent in their field, and be able to provide evidence of their achievements throughout the years. They must also be able to prove that they will be an asset to Australia in their particular area of expertise and have no difficulty obtaining employment in their field. 

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Investor Visa (Subclass 891)

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The Investor Visa (Subclass 891) is a pathway for successful investors to obtain PR in Australia. What separates this from other visas is that the applicant must already hold a substantive visa in the business and investment branches, such as provisional visas. The applicant must also have maintained the designated investment for at least 4 years.

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Here are the requirements an applicant must meet to be eligible for an Investor Visa (Subclass 891):

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• The applicant must already hold a Provisional Investor Visa (Subclass 162) 
• The applicant must have lived in Australia for at least 2 years during the previous 4 years 
• The applicant must meet the health and character requirements of the Australian government 
• The applicant must have fulfilled and held the designated investment of at least AUD $1.5 million in Australia for at least 4 years 
• The applicant must be committed to maintaining investment activity or a business in Australia 

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Process:

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1. The applicant must gather the required documentation and information which is to be submitted for review. 
2. The applicant’s immigration lawyers will notify the business development agency in the particular state/territory in which the applicant’s investment/business is located. 
3. A visa application is lodged with the Department of Home Affairs. The processing time may vary depending on several factors such as the case’s complexity, perceived risk factors, and processing times. 
4. Once the visa application is approved, the applicant is granted a permanent visa. Kindly note that the applicant must be in Australia at the time of lodging the application and approval. 

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Upon obtaining an Investor Visa (Subclass 891), the applicant can avail several benefits: 

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• The visa allows applicants to reside in Australia permanently.
• Applicants are allowed to travel to and from Australia as many times as they wish for the initial 5 years. After this period, the applicant is required to apply for a Resident Return Visa (RRV). 
• Applicants can study and work in Australia. 
• Applying for citizenship is a privilege granted to holders of this visa. 
• Family members of applicants will be allowed to visit and reside in Australia for an indefinite period of time, as long as they are being sponsored by the applicant. 

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Australia Golden Visa 

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The Australia Golden Visa is also known as the Australian Significant Investor Visa, which was mentioned above. This particular visa stream was introduced in 2012 and caters to high net-worth individuals - it is a residence-by-investment program. 

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High net-worth individuals looking to settle in Australia should be aware of the following pointers which are important for their application process and approval: 

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• An investment of AUD $5million must be made in specific industries. This may include corporate bonds and shares, non-residential real estate, or venture capital. 
• There is no age limit for this visa. 
• Applicants have the option to bypass the English language proficiency requirements.
•  After 4 years of the visa, the applicant (and their family, if applicable) can transition from temporary residence (TR) to permanent residence (PR Subclass 888). 
• No investment is required from the applicant until after the pre-approval process. 
• Country quotas are not required currently. 

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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 to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case. 

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