Subclass 188 Business Innovation and Investment (Provisional) visa and Subclass 888 Business Innovation and Investment (Permanent) visa

The Department of Immigration and Border Protection (DIBP) provides a Business Innovation stream visa program which allows business people to migrate to Australia on a provisional or permanent basis. The Business Innovation stream is for business people with innovative and entrepreneurial skills who wish to establish, develop and manage a new or existing business in Australia. This guide outlines the eligibility requirements for the Business Innovation stream visa program, as well as the benefits and obligations of holders.

  • Subclass 188 is a 5-year provisional visa allows you to own and manage a business in Australia, conduct business and investment activity in Australia or undertake an entrepreneurial activity in Australia.

  • You must be nominated by an Australian State or Territory government agency.

  • You must be invited to apply for this visa.

  • It provides a pathway for Subclass 888 Business Innovation and Investment (Permanent) visa.

  • The business and personal assets were lawfully acquired.

  • Meet the criteria in the below table (current as of May 2022), subject to change by the Federal and State/Territory governments

188A – Business Innovation Stream 

Visa validity  - Up to 5 years 

Extension availability - Yes, Business Innovation Extension stream 

Min financial requirement by Department of Home Affairs (Federal level) 

  • The applicant has overall had a successful business career. 

  • For at least 2 of the 4 fiscal years immediately before invitation, the applicant had an    min 30% ownership interest in one or more established main business, in each of those years: 

  • Annual turnover: at least AUD750,000 

  • Engaged in the general direction of the operation of the business 

  • The business and personal assets of the applicant’s family: at least AUD1.25M. 

 

Age limitation by Department of Home Affairs (Federal level) 

  • Under 55 or waiver by State or Territory 

 

Meet Point test by Department of Home Affairs (Federal level) 

  • Yes, min 65 points 

 

Additional requirements by each State or Territory 

NSW (where Sydney is the capital city), the applicant: 

  • Under 50 years of age 

  • Have a bachelor’s degree or above 

  • In the past 10 years have at least  

    • 3 years of business experience in a NSW target sector, or 

    • 5 years of business experience in a non-target sector 

  • Personal and business assets 

    • If applicants want to invest to Sydney: AUD1.75M 

    • Regional NSW: AUD1.25M 

  • For at least 2 of the 4 fiscal years before application, business annual turnover 

    • If applicants want to invest to Sydney: AUD1.25M 

    • Regional NSW: AUD750,000 

  • Point test score: at least 65 points 

  • Min business investment to NSW, after 188A visa is granted 

    • Sydney: AUD500,000 

    • Regional NSW: AUD300,000 

 

Victoria (where Melbourne is the capital city) 

  • Under 55 years of age 

  • Have at least a bachelor degree in a STEMM field or a MBA 

  • Business proposal must show innovation and job creation 

  • Point test score: at least 65 points 

 188B – Investor stream

Visa validity - Up to 5 years

Extension availability - No

Min financial requirement by Department of Home Affairs (Federal level)

  • The applicant has overall had a successful record of eligible investment activity or qualifying business activity.  

  • The applicant has had a total of at least 3 years’ experience of direct involvement in managing one or more qualifying business or eligible investments. 

  • For at least 1 of the 5 fiscal years immediately before invitation, the applicant 

  • Maintained direct involvement in managing a qualify business, having an ownership interest of at least 10% or 

  • Maintained direct involvement in managing eligible investment at least AUD2.5M 

  • For the 2 fiscal years immediately before invitation, the applicant family had business and personal assets at least AUD2.5M 

  • The applicant has made a complying investment of at least AUD2.5M before visa is granted. 

Age limitation by Department of Home Affairs (Federal level)

  • Under 55 or waiver by State or Territory

Meet Point test by Department of Home Affairs (Federal level)

  • Yes, min 65 points

Additional requirements by each State or Territory

NSW (where Sydney is the capital city), the applicant: 

  • Under 50 years of age 

  • Have a bachelor’s degree or above, or 

  • In the past 10 years have at least  

    • 5 years of successful investment history, or 

    • 3 years of business experience in a NSW target sector, or 

    • 5 years of business experience in a non-target sector 

  • Point test score: 65 points 

  • Complying investment 

    • at least A$500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies 

    • at least A$750,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange 

    • a ‘balancing investment’ of at least A$1,250,000 in managed funds 

 

Victoria (where Melbourne is the capital city) 

  • Under 55 years of age 

  • Have at least a bachelor degree in a STEMM field or a MBA 

  • Business proposal must show innovation and job creation 

  • Point test score: at least 80 points 

  • Complying investment 

    • 20 per cent in eligible Victorian Venture Capital and Private Growth Equity funds (VCPE) investing in start-up and small private companies (A$500,000) 

    • 30 per cent in eligible managed funds or Listed Investment Companies (LICs) that invest in emerging companies (A$750,000) 

    • 50 per cent in balancing investments in managed funds or LICs that invest in eligible assets, including Australian listed securities, eligible corporate bonds or notes, annuities and real property (A$1.25 million). 

188C – Significant Investor stream

Visa validity - Up to 5 years

Extension availability - Yes, Significant Investor Extension stream

Min financial requirement by Department of Home Affairs (Federal level)

  • The applicant has made a complying investment of at least AUD5M before visa is granted. 

  • Complying investment 

    • at least A$1,000,000 in venture capital and growth private equity funds which invest in start-ups and small private companies 

    • at least A$1,500,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange 

    • a ‘balancing investment’ of at least A$2,500,000 in managed funds 

Pathway to Subclass 888 

SUBCLASS 888A 

 

Department of Home Affairs (Federal) requirements,

  • the applicant has been in Australia, holding 188A visa, for at least 3 years 

  • had an ownership interest min 30% in at least one actively operating main business in Australia for 2 years 

  • meet at least 2 of following 3 criteria, throughout 12 months immediately before application

    • maintain main business net value at least AUD200,000  

    • hired 2 full-time Australian employees 

    • business and personal assets in Australia at least AUD600,000 

  • main business in Australia annual turnover at least AUD300,000 in 12 months immediately before application

 

NSW’s requirements: 12 months before NSW nomination application 

  • Personal and business assets 

    • Sydney: at least AUD1.5M 

    • Regional NSW: at least AUD600,000 

  • Net business assets 

    • Sydney: at least AUD600,000 

    • Regional NSW: at least AUD200,000 

  • Business investment 

    • Sydney: AUD500,000 

    • Regional NSW: AUD300,000 

  • Created min two new full-time job to Australians 

  • If purchased an existing business 

    • Increase in annual turnover of at least 10%, or 

    • Increase in business assets of at least 25% 

 

Victoria’s requirements: 

  • Business has contributed to innovation in Victoria 

  • Created min two new full-time job to Australians 

 

Let me know if you are interested in other states or territories.  

  • Queensland 

  • South Australia 

  • Tasmania 

  • Western Australia 

  • Austrian Capital Territory 

  • Northern Territory 

 

 Pathway to Subclass 888

188A – Business Innovation Stream

Department of Home Affairs (Federal) requirements, the applicant: 

  • has been in Australia, holding 188A visa, for at least 3 years 

  • had an ownership interest min 30% in at least one actively operating main business in Australia for 2 years 

  • meet at least 2 of following 3 criteria, throughout 12 months immediately before application 

  • maintain main business net value at least AUD200,000  

  • hired 2 full-time Australian employees 

  • business and personal assets in Australia at least AUD600,000 

  • main business in Australia annual turnover at least AUD300,000 in 12 months immediately before application 

 

NSW’s requirements: 12 months before NSW nomination application 

  • Personal and business assets 

  • Sydney: at least AUD1.5M 

  • Regional NSW: at least AUD600,000 

  • Net business assets 

  • Sydney: at least AUD600,000 

  • Regional NSW: at least AUD200,000 

  • Business investment 

  • Sydney: AUD500,000 

  • Regional NSW: AUD300,000 

  • Created min two new full-time job to Australians 

  • If purchased an existing business 

  • Increase in annual turnover of at least 10%, or 

  • Increase in business assets of at least 25% 

 

Victoria’s requirements: 

  • Business has contributed to innovation in Victoria 

  • Created min two new full-time job to Australians 

 

Let me know if you are interested in other states or territories.  

  • Queensland 

  • South Australia 

  • Tasmania 

  • Western Australia 

  • Austrian Capital Territory 

  • Northern Territory 

188B – Investor stream

Department of Home Affairs (Federal) requirements, the applicant: 

  • has been in Australia, holding 188B visa, for at least 2 years in the 3 years immediately before application 

  • has held a complying investment for the whole of the period during which the applicant held a subclass 188B visa.  

188C – Significant Investor stream

Department of Home Affairs (Federal) requirements, the applicant: 

  • has held a 188C visa for a continuous period of 4 years 

  • has held a complying significant investment for the whole period during which the applicant held a subclass 188C visa 

  • has been in Australia for at least 40 days multiplied by the number of complete years in the period in which the applicant has held subclass 188C visa, or 

  • The applicant’s spouse or de facto partner, holding 188C visa, has been in Australia for at least 180 days multiplied by the number of complete years in the period in which the applicant has held subclass 188C visa 

How can Agape Henry Crux Help You? 

If you want to find out more about your visa or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com. 

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter. 

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