More Options

Australia  no longer offers the following business and investor visa options:

• Subclass 132 business talent visa – this visa program closed for new applications and visa grants on 31 July 2024.
• Subclass 188 Business Innovation and Investment visa – – this visa program closed for new applications and visa grants on 31 July 2024.

Entrepreneurs or innovative investors, might be eligible to apply for the subclass 858 National Innovation Visa.

Business Innovation and Investment (Permanent) subclass 888 visas

Holders of subclass 188 visas (and certain other eligible visas) are eligible to apply for the permanent subclass 888 visa as soon as they meet the eligibility requirements for that visa, which are stream specific. A summary of the core criteria follows:

• Business Innovation stream, where applicants must be nominated by an Australian State or Territory government and:
  • hold a 188 in this Business Innovation stream or a 444 visa or an eligible 457 visa
  • own and manage a business in Australia at a prescribed value and have done so for at least 2 years immediately before applying for the visa
  • have a turnover of AUD$300,000 in the main business in the 12 months immediately before applying for the visa
  • meet the assets and/or employee requirement in the 12 months immediately before applying for the visa
  • have been in Australia for at least 1 year in the 2 years immediately before applying and have held a 188 under this stream or a 444 visa during this time (subject to certain COVID concessions that might apply)

• Investor stream, where applicants must be nominated by an Australian State or Territory government and:
  • hold a 188 visa  in the Investor stream
  • have held a designated investment of AUD$1.5 million in Australia, while holding a 188 visa under this stream, for at least 4 years immediately before applying for the visa (subject to certain COVID concessions that might apply)
  • have been in Australia for at least 2 of the 4 years immediately before applying for the visa (subject to certain COVID concessions that might apply)

• Significant Investor stream, where applicants must be nominated by an Australian State or Territory government and:
  • hold a 188 visa under the Significant Investor stream
  • have held a complying investment of AUD$5 million in Australia, while holding a 188 visa under this stream, for at least 2 years immediately before applying for the visa (subject to certain COVID concessions that might apply)
  • have been in Australia for the prescribed number of days immediately before applying for the visa, which varies depending on personal circumstances (subject to certain COVID concessions that might apply)

• Premium Investor stream, where applicants must be nominated by Austrade and:
  • hold a 188 visa in the Premium Investor stream and have held it for at least 1 year immediately before applying
  • have held complying premium investments of at least AUD$15 million for up to 12 months, depending on the investment, immediately before applying for the visa

• Entrepreneur stream, where applicants must be nominated by an Australian State or Territory government and:
  • hold a 188 visa in the Entrepreneur stream and have held it for at least 4 years immediately before applying (subject to certain COVID concessions that might apply)
  • had a successful record of entrepreneurial activities based on a range of success factors
  • have been in Australia for at least 2 of the 4 years immediately before applying for the visa (subject to certain COVID concessions that might apply)

Under all streams, applicants must also:

• Meet health and character requirements
• Complied with Australian laws
• Have not been involved in any business or investment activities that are unacceptable in Australia
• Have a realistic commitment to continuing business or investment activities in Australia

Three visa subclasses comprise the Skilled Migration scheme, which seeks to attract skilled migrants to Australia to meet Australia’s skilled occupation shortages. These visa subclasses include:

• Subclass 189 – Skilled Independent Visa
• Subclass 190 – Skilled Nominated Visa
• Subclass 491 – Skilled Work Regional (Provisional)

The Skilled Migration scheme targets people who are not sponsored or nominated by an Australian employer and are:

• Skilled in terms of qualifications and/or work experience
• Less than 45 years old
• Have English language skills
• Able to secure a high points score based on various factors including (but not limited to) age, work experience, qualifications, level of English
• Invited to apply for the visa

The subclass 189 visa pathway also includes a dedicated stream for  Hong Kong or British National (overseas) passport holders, who hold a subclass 457, 482 or 485 visa and have lived in Australia for at least 4 years. This pathway is not invitation nor points tested.

Under the Skilled Migration scheme, successful applicants and their partners and children obtain:

• Permanent residency (visa subclasses 189 or 190)
• Provisional or temporary residency subclass 491 visa holders might become eligible to convert to permanent residency within the subclass 191 visa pathway

We note that Skilled Migration is a competitive process with a limited number of invitations issued and visas granted each year.

Within the Skilled Migration context, we assist applicants in complex cases, usually involving:

• Difficulty meeting the character test
• Insufficient evidence of work experience
• Insufficient evidence concerning the existence of a genuine relationship with their partner included in the application
• Whether a child aged 18 is dependent
• Allegations of fraud or incorrect information or bogus documents

Skilled Migration Visa Options and Points Factors:

For more information please click these links:

• Skilled Independent visa (subclass 189)
• Skilled Nominated visa (subclass 190)
• Skilled Work Regional (Provisional) visas (subclass 491)

We have worked with individuals and organisations to prepare and assist with reviews, Ministerial intervention and judicial appeals.

What goes wrong?

Applications could be refused for a variety of reasons. Some examples include:

• Immigration officers may have misinterpreted and not properly applied the law to the facts or may have overlooked the facts
• The application was not properly prepared or presented
• The applicant was deemed not to meet visa criteria, including character and health
• The employer was deemed not to meet sponsorship or nomination criteria
• The applicant was deemed to have provided false, misleading or insufficient information or documentation
• For citizen applications, the applicant was deemed not to meet the character test, or could not demonstrate sufficient ties to or an intention to live permanently in Australia

Visas may be cancelled in the following contexts:

• Breach of visa conditions – eg work restrictions or study and attendance obligations
• Breaches of good character requirements
• Termination of employment, in the case of employer sponsored visas
• Cessation of relationship, in the case of spouse visas
• Discovery that false, incorrect or misleading information was provided in support of an application
• Allegations that the marriage, de facto relationship or same sex relationship was not genuine or did not exist
• Visas were improperly granted – eg the Department of Home Affairs made an incorrect decision in granting the visa
• The Department of Home Affairs deems that the circumstances that gave rise to the grant of the visa, no longer apply

Citizenship may be cancelled if, for example, the applicant provided false or misleading information as part of their application.
These are not exhaustive examples.

The Administrative Review Tribunal

In many instances, the Department of Home Affairs decisions to refuse an application, can be reviewed by seeking a review of the decision to the Administrative Reviews Tribunal (ART). Generally speaking the ART is able to reconsider all the facts, circumstances and the law in a particular case and make a decision on the merits.  The review is treated as a “second attempt” at the application or an avenue to overturn a visa or citizenship cancellation.

The Minister for Immigration

The Minister for Immigration has a personal power to intervene and grant a visa, despite refusal by the Department of Home Affairs and subsequent affirmation by the ART. However, this power is used sparingly and the Minister is not obliged to use this power. The power may be used if the Minister considers it is in the public interest to do so, even if a person does not meet the legal requirements for a visa.

Courts

It is also possible that some decisions of the Department of Home Affairs or the Tribunal can be appealed to the Courts (including Federal Circuit Court, Federal Court and the High Court of Australia). This type of review is different and much more complex because it is generally confined to whether an error of law occurred in the making of the decision, rather than whether the decision was correct based on the facts.

What kinds of cases have we have worked on?

We have assisted applicants with merits review, Ministerial intervention and appeals in the following areas:

• Character
• Fraud
• Health criterion
• Work experience requirement
• Meeting the points test for skilled migrants
• Language ability
• Genuineness of marital, spousal, de facto, same-sex relationships
• Domestic violence
• Genuine temporary entrant criterion
• Genuine student requirement
• Non compliance with student visa conditions
• International student attendance and breach of the work condition
• Compliance with work conditions
• Credibility of witnesses
• Eligibility of organisations to become sponsors
• Breach of sponsorship obligations by organisations
• Whether notices from the Department of Home Affairs were properly sent

We are referred applicants seeking reviews, intervention and judicial appeal, by other law firms, migration agents, community and church organisations, student organisations, universities, other educational institutions and previous clients.

Please click through for more information on the National Innovation visa.

Visitor visas allow people to enter and remain in Australia temporarily for business activities (not work), honorary appointments, holidays and recreation, visiting family or medical treatment.

These visas include the following subclasses:

• Subclass 600 visitor visa
• Subclass 601 Electronic Travel Authority
• Subclass 651 eVisitor

These visas do allow the holder to work. Under Australian immigration law, work means any activity that ordinarily attracts remuneration. Thus, if the activity that one is performing is such that the person performing it would expect to be paid, then it constitutes work, even though the person performing it is not being paid.

In the overwhelming majority of cases, visitor visas are obtained without difficulty or the need for assistance.

Nevertheless, we have assisted in complex and difficult cases, including (but not limited to) applicants who have had:

• criminal records
• previous visas cancelled or visa applications refused
• provided incorrect information or bogus documents to the Department of Home Affairs
• breached the conditions of existing or previous visas
• difficulty demonstrating that they are genuine temporary entrants

Student visas allow people to enter or remain in Australia to undertake study at a university (whether public or private), private college or institute, vocational college, English language college, trade school, primary or secondary school.

Many prospective students apply for these visas on their own, given that they are relatively straightforward.

Despite this, we have assisted in complicated cases, including (but not limited to) applicants who had:

• previous student or other visas cancelled
• provided incorrect information or bogus documents to the Department of Home Affairs
• breached the conditions of existing or previous visas
• previous visa applications refused
• difficulty demonstrating that they are a genuine student or genuine temporary entrant
• not met the character requirement
• been over 50 years of age
• already completed previous studies in Australia
• sought to study a course in Australia that is inconsistent with their previous academic and work experience background