188B Business Investor Stream
Who is this Visa For?
This provisional visa is for people with business ownership and skills or investment skills, invest at least AU$ 2.5 million in the complying significant investment in Australia. This visa provide a permanent residence (888 Visa) pathway to the holder of visa.
- less than 55 years of age or is proposing to establish or participate in business or investment activity which is of exceptional economic benefit to the State or Territory ;
- have overall successful record of business or investment activity;
- have at least 3 years’ experience managing one or more businesses or investments;
- have demonstrated a high level of management skill in relation to the investment or business activity;
- For at least 1 of 5 fiscal years immediately before the time of invitation,
- direct involvement in managing a business and you and/or your spouse had an ownership interest of at least 10% of the total value of the business or;
- maintained direct involvement in managing investments of your and/or spouse’s investment of the total net value of at least AUD1.5 million;
- have adequate personal and/or business net assets of at least AUD2.5 million in the 2 fiscal years immediately before the time of invitation;
- make a designated investment of at least AUD2.5 million in the complying significant investment[Note1] for the life of your provisional visa; AND
- score at least 65 points on the point test.
- at least AUD500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies;
- at least AUD750,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange;
- a ‘balancing investment’ of at least AUD1.25 million in managed funds.
- The investment using for meeting the investment ownership and managing skill must be an Eligible Investment.
- Eligible Investment means if a person owns it for the purpose of producing a return in the form of income or capital gain, and not for personal use:
- an ownership interest in a business;
- cash on deposit;
- stocks or bonds;
- real estate;
- gold or silver bullion.
- The business/businesses using for meeting the business ownership and managing skill must be a qualified business. Qualifying business means an enterprise that:
- is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and
- is not operated primarily or substantially for the purpose of speculative or passive investment.
State and Territory Nomination Requirements
(from 1 July 2021)
New South Wales
Sydney Regions
- 1000-1920
- 2000-2249
- 2555-2573
- 2755
- 2759-2772
1) Personal background
You must be under 50 years of age and have either:
- a bachelor’s degree recognised as equivalent to the Australian standard, or
- in the past 10 years have at least:
- 5 years of successful investment history, or
- 3 years work experience in a Sydney target sector, or
- 5 years work experience in a non-target sector
2) Investment background
For at least one of the five most recent fiscal years, you have directly managed one of the following:
- a qualifying business in which you, your partner, or you and your partner together had at least 10% ownership interest, or
- an eligible investment of at least A$2,500,000 owned by you, your partner, or you and your partner together
3) Net assets
For the two most recent fiscal years, you, your partner, or you and your partner together have combined personal and business net assets of at least A$2,500,000.
4) Complying investments
You must make a complying significant investment of at least A$2,500,000 and have a genuine intention to hold that investment for the life of your provisional visa.
It must be invested in the following proportions:
- at least A$500,000 in venture capital and growth private equity funds which invest in start-up 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
Investing in NSW
To qualify for NSW nomination, you must show that your complying investments will contribute to the NSW economy.
NSW will refuse your nomination application for a permanent visa (subclass 888) if you cannot show your complying investments meet the following criteria:
Venture Capital and Growth Private Equity investment
At least 50% of your venture capital component must be invested in:
- a venture capital fund investing in startups and small-to-medium enterprises in NSW, or
- a venture capital limited partnership that sources investments in NSW
Emerging companies
At least 50% of the emerging companies component must be invested in emerging companies listed on the Australian Stock Exchange that are headquartered in NSW.
Balancing investment
At least 50% of your balancing investments must bring benefits to NSW. This can be shown where:
- the funds have an office in NSW; or
- the business of underlying investment is headquartered in NSW; or
- the business activities of underlying investment are of economic benefit to NSW
Living in NSW
You must have a genuine commitment to reside in NSW and contribute to NSW through your investment activity.
Points test
Your SkillSelect EOI must show a minimum score of 65 points. The applications show the following will be prioritised:
- Points in investor experience, or
- 35 points in financial assets, or
- Points for business innovation qualifications
Sydney target sectors include:
- Advanced manufacturing
- Food and beverage manufacturing
- Agricultural technology
- Aerospace and defence
- Renewable energy and sustainability
- Emerging digital technology
- Cyber security
- Medtech
NSW Regional Regions
- All other postcode areas other than Sydney’s postcodes
1) Personal background
You must be under 50 years of age and have either:
- a bachelor’s degree recognised as equivalent to the Australian standard, or
- in the past 10 years have at least:
- 5 years of successful investment history, or
- 3 years work experience in a Regional NSW target sector, or
- 5 years work experience in a non-target sector
2) Investment background
For at least one of the five most recent fiscal years, you have directly managed one of the following:
- a qualifying business in which you, your partner, or you and your partner together had at least 10% ownership interest, or
- an eligible investment of at least A$2,500,000 owned by you, your partner, or you and your partner together
3) Net assets
For the two most recent fiscal years, you, your partner, or you and your partner together have combined personal and business net assets of at least A$2,500,000.
4) Complying investments
You must make a complying significant investment of at least A$2,500,000 and have a genuine intention to hold that investment for the life of your provisional visa.
It must be invested in the following proportions:
- at least A$500,000 in venture capital and growth private equity funds which invest in start-up 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
Investing in NSW
To qualify for NSW nomination, you must show that your complying investments will contribute to the NSW economy.
NSW will refuse your nomination application for a permanent visa (subclass 888) if you cannot show your complying investments meet the following criteria:
Venture Capital and Growth Private Equity investment
At least 50% of your venture capital component must be invested in:
- a venture capital fund investing in startups and small-to-medium enterprises in NSW, or
- a venture capital limited partnership that sources investments in NSW
Emerging companies
At least 50% of the emerging companies component must be invested in emerging companies listed on the Australian Stock Exchange that are headquartered in NSW.
Balancing investment
At least 50% of your balancing investments must bring benefits to NSW. This can be shown where:
- the funds have an office in NSW; or
- the business of underlying investment is headquartered in NSW; or
- the business activities of underlying investment are of economic benefit to NSW
Living in NSW
You must have a genuine commitment to reside in NSW and contribute to NSW through your investment activity.
Points test
Your SkillSelect EOI must show a minimum score of 65 points. The applications show the following will be prioritised:
- Points in investor experience, or
- 35 points in financial assets, or
- Points for business innovation qualifications
Regional NSW target sectors include:
- Advanced manufacturing
- Food and beverage manufacturing
- Agricultural technology
- Aerospace and defence
- Renewable energy and sustainability
- Emerging digital technology
- Cyber security
- Medtech
And
- Technology-enabled primary industries
- Critical minerals
- Recycling and waste management
Victoria
To be eligible to apply for Victorian Investor stream (subclass 188B) visa nomination, you must:
- meet the Department of Home Affairs’ subclass 188B requirements
- be under 55 years of age,
- intend to live in Victoria,
- be able to make a complying investment of at least A$2.5 million in Victoria,
- have scored at least 80 points,
- be committed to meet the Department of Home Affairs’ subclass 888B permanent residence requirements
ACT Camberra
If you want to apply for ACT nomination of an Investor visa, you must meet certain criteria.
- meet the Department of Home Affairs’ subclass 188B requirements
- Make a complying investment of at least A$2.5 million and have a genuine intention to hold that investment for the life of your provisional visa.
- Agree that you and any family members (*dependents) residing in Australia will live, work and/or study in Canberra.
To qualify for ACT nomination, you must show that your (*complying investments) will make a contribution to the ACT economy. For example:
- Venture capital and growth private equity fund investing in start-ups and small private companies in the ACT; or
- Venture Capital Limited Partner (VCLP) fund component in a fund that is actively sourcing investment in the ACT.
Dependents: A dependent is spouse/partner, child or any other person that will be included in your application to migrate to Australia.
Complying Investments:
The Complying Investment Framework comprises mandatory investments in (A) and (B) and a balancing investment in (C). The investment must be in accordance with the Department of Home Affairs requirements.
At least $500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies.
At least $750,000 / $1.5 million in approved managed funds investing in emerging companies listed on the Australian Stock Exchange.
A ‘balancing investment’ of at least $1.5 million / $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.
Queensland
1) Meet Department of Immigration’s requirements
2) Must demonstrate a genuine commitment to Queensland.
3) Must have net business and personal assets of at least A$3 million ready to be transferred to Queensland, Australia (including A$2.5 million for Complying Investment and A$500,000 for Settlement in Queensland).
- 20% in Venture Capital & Growth Private Equity funds (VCPE) that invest in start-ups and small private companies.
- 30% in approved managed funds that must invest in emerging companies listed on the Australian Stock Exchange.
- 50% in balancing investments of managed funds.
- After holding this provisional visa for 3 years, you may be eligible to apply for the permanent residency (subclass 888 visa). The 188 – Investor stream cannot be extended.
South Australia
To meet the South Australian nomination requirements, you must:
- Meet Department of Home Affairs 188 investment stream criteria
- Intend to live in South Australia
- Agree to make and maintain an investment of AUD$2.5 million (AUD$3.75 million if over 55 year of age) for the duration of the provisional visa in a complying investment fund. The complying investment fund must materially benefit South Australia.
- Agree to register your arrival in South Australia with Skilled & Business Migration and maintain current contact details for the duration of your visa.
- Applicants between 55 and 65 points can apply for exceptional circumstances for the additional 10 points from the South Australian Government. These applications will be assessed on a case by case basis.
- The choice of investment options is based on the client’s own preference and Department of Home Affairs complying investment requirements.
- It is strongly recommended that applicants obtain professional legal and financial advice before investing or undertaking any business activity.
- The South Australian Government will not advise on any investment made or any business activity to be undertaken by the applicant, nor does it accept liability for any financial loss, cost of expense incurred as a result of any business decision, business activities or investments of the applicant or any person in any way connected with the significant investor program or otherwise.
- The Commonwealth and State Government require applicants to agree to not take legal action against them for any loss of capital arising from the complying investment.