More Options

Australia offers the following business and investor visa options:

• Subclass 132 business talent visa, which is a permanent visa.
• Subclass 188 Business Innovation and Investment visa. This is a temporary or provisional visa and provides a pathway to permanent residency via the subclass 888 Business Innovation and Investment visa.

Subclass 132 visa

This permanent visa requires the prospective applicant to be nominated by an Australian State or Territory government and receive an invitation to apply. The visa comprises 2 separate pathways:

• Significant Business History stream. Applicants need to demonstrate that they have:
  • an overall successful business career and a genuine desire to own and manage a business in Australia
  • lawfully acquired a net value of at least AUD$1.5 million
  • an annual business turnover of at least AUD$3 million for at least 2 of the 4 fiscal years immediately before they are invited to apply for the visa
  • total net assets of at least AUD$400,000 as the ownership interest in one or more qualifying businesses for at least 2 of the last 4 fiscal years immediately before they are invited to apply
• Venture Capital Entrepreneur stream. Applicants must have:
  • a genuine and realistic commitment to maintain a direct and continuous involvement in the day to day management of an eligible Australian business and maintain a substantial ownership interest in that business or investment
  • sourced venture capital funding from a member of the Australian Investment Council (AIC).

Applicants under both streams must also meet health and character requirements and satisfy functional English language requirements.

The primary applicant under the Significant Business History stream must be less than 55 years of age. However, an Australian State or Territory government can waive this requirement if the proposed business will be of exceptional economic benefit to the region where it will operate.

Subclasses 188 and 888 visas

These visas involve a 2 step pathway to permanent residency.

The first step involves the temporary 188 visa which requires prospective applicants to be invited to apply. The 188 visa includes the following streams:

• Business Innovation stream, intended for applicants who wish to own and operate a new or existing business in Australia. Applicants must be nominated by an Australian State or Territory government and:
  • genuinely intend to own and manage a new or existing business in Australia
  • have a successful business career
  • have an acceptable ownership stake in one or more eligible businesses
  • have personal and business assets of at least AUD$800,000 (lawfully acquired)
  • score at least 65 points on the points test
  • must be less than 55 years of age. However, an Australian State or Territory government can waive this requirement if the proposed business will be of exceptional economic benefit to the region where it will operate
• Investor stream, intended for applicants who invest at least AUD$1.5 million in an Australian State or Territory and maintain business or investment activity in Australia. Applicants must be nominated by an Australian State or Territory government and:
  • have managed a qualifying business or eligible investments for at least 1 year in the last 5 fiscal years
  • have net assets of at least AUD$2.25 million
  • make an investment of AUD$1.5 million in their nominating State or Territory
  • have at least 3 years experience managing one or more qualifying businesses or eligible investments
  • score at least 65 points on the points test
  • intend to live for at least 2 years in the State or Territory in which they make the investment
  • must be less than 55 years of age. However, an Australian State or Territory government can waive this requirement if the proposed business will be of exceptional economic benefit to the region where it will operate

• Significant Investor stream, intended for applicants who invest at least AUD$5 million in eligible Australian investments and maintain investment activity in Australia. Applicants must be nominated by an Australian State or Territory government and:
  • make a complying significant investment of at least AUD$5 million and have a genuine intention to hold that investment for at least 4 years

• Premium Investor stream, intended for applicants will be nominated by Austrade and invest at least AUD$15 million in Australian investments and/or make philanthropic contributions. Applicants must:
  • have net assets of at least AUD$15 million

• Entrepreneur stream. Applicants must be nominated by an Australian State or Territory government and:
  • must be undertaking, or proposing to undertake, a complying entrepreneur activity in Australia
  • receive funding of at least AUD$200,000 from an approved entity
  • must be less than 55 years of age. However, an Australian State or Territory government can waive this requirement if the proposed business will be of exceptional economic benefit to the region where it will operate

Under all streams, applicants must also:

• Meet health and character requirements
• Have had no history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia
• Satisfy functional English language requirements, except for the Entrepreneur stream where the English requirement is the competent standard

The second step in the process is for 188 visa holders to apply for the permanent 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 under this stream or a 444 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

• Investor stream, where applicants must be nominated by an Australian State or Territory government and:
  • hold a 188 visa under this 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
  • have been in Australia for at least 2 of the 4 years immediately before applying for the visa

• Significant Investor stream, where applicants must be nominated by an Australian State or Territory government and:
  • hold a 188 visa under this 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
  • have been in Australia for the prescribed number of days immediately before applying for the visa, which varies depending on personal circumstances

• Premium Investor stream, where applicants must be nominated by Austrade and:
  • hold a 188 visa under this 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 under this stream and have held it for at least 4 years immediately before applying
  • 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

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

How we can assist

These visa pathways are significantly complex and require vast amounts of supporting evidence and written submissions. Usually, the involvement of third parties is necessary, such as accountants, tax experts, business lawyers and consultants.

We are able to assist with strategic and tailored planning and advice on documentation and requirements for the most suitable visa, and managing all aspects of the immigration process.

To discuss how we can assist you with your business or investment visa please click here to contact Visa Lawyers 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
• Are 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

Invited to apply for the visa. The subclass 189 pathway also includes a dedicated stream for eligible New Zealand citizens. This stream is not points tested and does not require an invitation to submit the visa application.

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

• Permanent residency (visa subclasses 189 or 190)
• Provisional or temporary residency (visa subclass 491) which may convert to permanent residency (visa subclass 191)

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 or over but less than 23 is dependent
• Allegations of fraud or incorrect information or bogus documents

Generally, we provide assistance to applicants who have secured an invitation to apply for a 189, 190 or 491 visa.

Although, for subclass 189 New Zealand stream applicants, we provide assistance in managing all aspects of their visa application.

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)

For more information please click here

We work 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 tomeet 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 Immigration Department made an incorrect decision in granting the visa
• The Immigration department 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 Appeals Tribunal

Immigration Department decisions can be reviewed by seeking a review of the decision to the Administrative Appeals Tribunal (AAT). Generally speaking the AAT 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 Immigration Department and AAT. 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 Immigration Department 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
• Student attendance
• Compliance with work conditions
• Credibility of witnesses
• Eligibility of organisations to become sponsors
• Breach of sponsorship obligations by organisations
• Whether notices from the Immigration Department 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.

How do we assist?

The precise work involved in the preparation and presentation of review, request for intervention or appeal varies from case to case. However, our services will usually include:

• Thoroughly reviewing the case and advising on prospects and strategy
• Advising on other immigration options – separate or in parallel to the review or appeal
• Preparing and lodging the review application and appeal
• Drafting detailed reasons in support of the case
• Advising as to the documentary evidence required in support of the case
• Preparing for the hearing
• Drafting submissions in support of the case
• Attending the hearing and as required making representations and submissions in support

To discuss how we can assist you with your AAT review, Ministerial application or appeal application, please click here to contact Visa Lawyers Australia.

Please click through for more information on the Global Talent Independent visa and the Distinguished Talent 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 Immigration Department
• breached the conditions of existing or previous visas
• difficulty demonstrating that they are genuine temporary entrants

To discuss how we can assist you with your difficult visitor visa application please click here to contact Visa Lawyers Australia.

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 Immigration Department
• 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

To discuss how we can assist you with your complicated student visa application please click here to contact Visa Lawyers Australia.

For more information, please click here.