COMPARISON OF BUSINESS VISAS IN AUSTRALIAN STATES

Let’s compare the types of businesses preferred as investments, what businesses are excluded, the costs of state nomination, and the application process for business migration in each state and territory of Australia. The most popular ones are the 188A Business Innovation stream and the 132A Significant Business History stream visas. The 188A and the 132A visas are for business migrants wishing to establish a new business or develop an existing business in Australia. The major differences are that the 132A is a permanent residency visa while the 188A is a provisional visa that can become permanent after two years if certain criteria are met. The 188A visa has a points test while the 132A does not. The 491 Small Business Owner visa is currently only available in two states. This is a provisional visa requiring the visa holder to live and work in a regional area and has a pathway to permanent residency after three years.

SOUTH AUSTRALIA

• 188A Visa

Cost of State Nomination: 550 Australian dollars

Application Process: The applicant lodges an Expression of Interest into the Skill Select system and chooses South Australia as their preferred state. They then start an online application for South Australian state nomination quoting the EOI number.

Preferred Businesses: On-selling of imports is not encouraged. Approval of property development businesses at the discretion of Immigration South Australia.

Other State Requirements: The applicant must visit South Australia and provide evidence of their visit before applying. To be eligible for the permanent visa, applicants aged under 55 years of age must demonstrate one of the following benefits to fulfill the state requirements: having employed two full-time employees in South Australia, invested 200,000 Australian dollars into a South Australian business (1,5 million dollars for property development), or have transferred 600,000 Australian dollars in net personal and business assets to South Australia. Applicants over 55 years need to demonstrate one of the following benefits to reach the requirements: employed four full-time employees for a minimum of 12 months, invested 1,5 million Australian dollars into a South Australian business (2 million dollars for property development), or exported 600,000 Australian dollars of South Australian products.

• 132A

Cost of State Nomination:  825 Australian dollars

Application Process: The applicant enters an Expression of Interest into the Skill Select system and chooses South Australia as their preferred state. They then lodge an online application for South Australian state nomination quoting the EOI number.

Preferred Businesses: Exports must be of goods produced in South Australia. Property development must be for sale to unrelated parties on the open market no later than 2 months after construction is completed.

Exclusions: If exports are less than 1 million dollars, the majority cannot be wine exports.

Other State Requirements: At the two year review, the visa holder must demonstrate at least one of the following benefits to state requirements: applicants younger than 55 years need to show 600,000 Australian dollars in exports, the generation of four full-time jobs, investment of 1.5 million dollars into a business, or investment of 1.5 million dollars into a property development business. Applicants over 55 years needs to show one of the following: 1,5 million dollars in exports, the generation of eight full-time jobs, investment of $3 million dollars into a business, or investment of $2 million into a property development business.

WESTERN AUSTRALIA

• 188A

Cost of State Nomination:  750 Australian dollars

Application Process:  Apply to Business Migration Centre in Western Australia for approval. Once successful, input an Expression of Interest into the Skill Select system.

Preferred Businesses:  Any business that makes a contribution to the economy will be considered if they focus on: the transfer of new capital, generation of new employment, the expansion of trade and export markets, investment in a regional area, or the introduction of new skills, expertise or technology.

Other State Requirements:  Must transfer total net assets of at least 900,000 Australian dollars into Western Australia, at least 300,000 of which must be into the business. Must create at least one full-time job and purchase a residence in Western Australia before applying for the permanent 888 visa.

• 132A

Cost of State Nomination:  750 Australian dollars

Application Process:  Apply to Business Migration Centre for conditional approval and if successful attending an interview. If successful they will grant full state nomination, after which you lodge an Expression of Interest into the Skill Select system.

Preferred Businesses: Same as for 188A. Small scale property development are welcomed.

Other State Requirements: Minimum investment of 1 million Australian dollars into a new or established business (minimum 2,5 million dollars for a property development business). Must create two full-time jobs (one full-time job for property development, can be a member of your family who has been granted a 132 visa). Must own a residence and live in Western Australia at the time of the 2-year review after visa was granted.

VICTORIA

• 188A

Cost of State Nomination:  There is no charge for Victorian state nomination.

Application Process:  The applicant enters an Expression of Interest into the Skill Select system choosing Victoria as their preferred state, and then lodges an online application for Victorian state nomination.

Preferred Businesses:  An eligible business can be any commercial endeavour. An export business must provide direct contribution to the Victorian economy with the export of Victorian goods and services. The creation of jobs and local economic benefits will be encouraged, as will giving assistance to Victorian businesses in exporting products and the expansion of export markets.

Exclusions:  Small scale property development, small scale freight forwarding and warehousing, commodity and scrap metal export, passive investment, “grey market” or “parallel exporting” where good are imported and sold without consent or trademark.

Other State Requirements:  Must score at least 80 points on points test (not including the points from state nomination.) Must employ at least one full-time employee for a minimum of 12 months prior to applying for the permanent 888 visa (family members not allowed).

• 132A

Cost of State Nomination:  There is no charge for Victorian state nomination.

Application Process:  The applicant lodges an Expression of Interest into the Skill Select system choosing Victoria as their preferred state, and then lodges an online application for Victorian state nomination.

Preferred Businesses:  Same criteria as for 188A.

Exclusions:  General importing, and same as listed for 188A.

Other State Requirements:  Minimum investment of $2 million Australian dollars. For property development there is the additional requirement that the applicant have relevant qualifications and experience (architecture, engineering, construction management). Extensive experience may substitute for a formal qualification. The 2 million Australian dollar investment can’t include land purchase costs or be a small-scale project-based development.

NEW SOUTH WALES

• 188A

Cost of State Nomination:  820 Australian dollars

Application Process:  The applicant enters an Expression of Interest into the Skill Select system choosing New South Wales as their preferred state, and then applies online to the New South Wales government  quoting the EOI reference number.

Preferred Businesses:  The business investment must be in property, plant and equipment, inventory or purchased goodwill.

Other State Requirements:  Migration to Sydney: Applicants must invest a minimum of 500,000 Australian dollars, have a net personal and business assets of 1,3 million Australian dollars, and in two out of the last four fiscal years must have had a turnover of at least 1 million Australian dollars in their business.

Migration to Regional NSW: Must invest a minimum of 300,000 Australian dollars, must have a net personal and business assets of 800,000 Australian dollars, and in two out of the last four fiscal years your business must have had turnover of at least 500,000 Australian dollars.

• 132A

Cost of State Nomination:  1,270 Australian dollars

Application Process:  The applicant lodges an Expression of Interest into the Skill Select system choosing NSW as their preferred state, and then applies online to the New South Wales government quoting the EOI reference number.

Preferred Businesses:  The business investment must be in property, plant and equipment, intellectual property, inventory or purchased goodwill.

Other State Requirements:  Migration to Sydney: Must transfer at least 3 million Australia dollars to NSW for business, settling and living expenses (including 1.5 million invested in the business). Must generate 5 full-time jobs. Migration to Regional NSW: Must transfer at least 2 million Australian dollars to NSW for business, settling and living expenses (including 1 million invested in the business). Must generate 3 full-time jobs. These criteria will be assessed at the two year review post visa grant.

QUEENSLAND

• 188A

Cost of State Nomination:  500 Australian dollars

Application Process:  The applicant lodges an Expression of Interest into the Skill Select system choosing Queensland as their preferred state, and then waits for an invitation to apply to Business and Skilled Migration Queensland. If successful, they have 14 days to lodge their application for state nomination.

Preferred Businesses:  New focus on manufacturing, IT, innovation, engineering, science, renewable energy, regional investment, mining and aged care facilities.

Exclusions:  Entry level small retail businesses such as convenience stores, cafes and restaurants are only acceptable if the proposed business is located in a regional area of Queensland. General importing businesses are not accepted unless the imported products are highly innovative, advanced in technology, or currently not available in Queensland. Property development businesses are not acceptable.

Other State Requirements:  65 points are sufficient. Applicants must make a business investment of at least 200,000 Australian dollars and transfer net business and personal assets of 800,000 Australian dollars into Queensland.

• 132A

Cost of State Nomination:  750 Australian dollars

Application Process:  The applicant lodges an Expression of Interest into the Skill Select system choosing Queensland as their preferred state, and then waits for an invitation to apply to Business and Skilled Migration Queensland. If successful, they have 14 days to lodge their application for state nomination.

Preferred Businesses:  Same as listed for 188A.

Exclusions: General importing not acceptable as described in 188A.

Other State Requirements:  Applicants must transfer net personal and business assets of 1,5 million Australian dollars into Queensland within two years of the visa being granted (including a minimum of 1 million dollar investment into the business and 500,000 Australian dollars settlement costs.) For a property development business, the applicant must have a relevant background such as architecture or engineering, and the investment must be higher than entry level. The investment needs to be in a large-scale project. Note that it is possible to combine your investment with other visa applicants to satisfy this criteria.

• 491 Small Business Owner

Application Process: This is a points tested visa which is applied by lodging an Expression

of Interest into the Skill Select system. This visa is part of the skilled migration program and the applicant needs to have an eligible skilled occupation and a positive skills assessment in order to apply. (Note: the nominated occupation can be unrelated to the business). They need to attain the pass mark of 65 points which can include the 15 points awarded for state nomination. There is a pathway to permanent residency through the 191 visa after three years.

Acceptable Businesses: The business can be a franchise. It must be an existing business that is purchased (no new businesses or start-ups).

State Requirements:  The applicant must be living and working in Queensland. The existing business must be trading for at least 6 months. Minimum investment into the business of 100,000 Australian dollars. Must employ one Australia resident.

AUSTRALIAN CAPITAL TERRITORY

• 188A

Cost of State Nomination: 600 Australian dollars

Application Process:  Your EOI must be submitted on Skill Select before you apply for ACT nomination. You must select the ACT as your preferred location to live in Australia. You can then apply to the ACT for state nomination.

Preferred Businesses: Canberra offers investors a pro-business culture that is actively supported by the ACT Government.

State Requirements:  Must invest a minimum of 200,000 Australian dollars to purchase or establish a business in the ACT. You must plan to meet two of the following of the criteria while holding the 188 visa:  invest 200,000 Australian dollars, invest 600,000 Australian dollars in personal and business assets into the ACT, employ two full-time Australian citizens, permanent residents or New Zealand citizens (cannot be family members)

• 132A

Cost of State Nomination: 1,100 Australian dollars

Application Process:  Your EOI must be submitted on Skill Select before you apply for ACT nomination, selecting ACT as your preferred location to live in Australia. You can then apply to the ACT for state nomination which is processed in 30 days and valid for 3 months.

Preferred Businesses: Not specified.

State Requirements:  Must invest a minimum of 2 million Australian dollars into an existing business in Canberra. You must create three full-time employment positions for Australian citizens, permanent residents or New Zealand citizens (cannot be family members.)

TASMANIA

• 188A

Cost of State Nomination: The Tasmanian Government does not currently charge a fee to apply for state nomination for a business visa.

Application Process:  Apply by completing the Intention to Apply form. Applicants will only be contacted if there is interest in considering their application further. Applications selected for further consideration will be requested to provide a brief business plan with evidence to demonstrate their capacity to invest and deliver on commitments, and to attend an online interview.

Preferred Businesses: Migration Tasmania is seeking interest from high calibre business investors who can make a significant contribution to Tasmania’s economy. We are looking for business proposals which display a range of the following key attributes:

1. Investment in a regional area (which generally excludes Hobart CBD and suburbs)
2. Generation and/or retention of local jobs for Tasmanians
3. Investment in key sector/s that will benefit Tasmania’s economy which may include:

• Aquaculture, Agriculture and Agribusiness
• Minerals and Mining
• Forestry and Timber
• Antarctic and Marine Science
• Information and Communication Technology
• Creative Industry
• Community Infrastructures that enhance a region’s liveability
• Renewal Energy
• Bio Renewal/Waste Recycle
• Food production

4. Generation of significant flow-on opportunities for other sectors and/or economic growth
5. Partnership with at least one Tasmanian business partner who is a permanent resident or an Australian citizen
6. Transfer of new capital investment
7. Expansion of trade in Tasmanian goods and/or services
8. Development of export markets for Tasmanian products or replacement of imports
9. Introduction of new skills, expertise, technologies or innovations that are currently unavailable in Tasmania
10. Environmentally sustainable initiatives that build on Tasmania’s established environmental principles

State Requirements:  Must invest a minimum AUD 200 000 to establish a new or purchase an existing business in Tasmania.

• 132A

Cost of State Nomination:  The Tasmanian Government does not currently charge a fee to apply for state nomination for a business visa.

Application Process:  Apply by completing the Intention to Apply form. Applicants will only be contacted if there is interest in considering their application further. Applications selected for further consideration will be requested to provide a brief business plan with evidence to demonstrate their capacity to invest and deliver on commitments, and to attend an online interview.

Preferred Businesses:  See above.

State Requirements:  Must have entered into an agreement with an actively operating Tasmanian business to invest at least $2 million into a Tasmanian business or investment opportunity; or propose an investment of at least $2 million into a new or existing business that will have significant economic benefits for Tasmania.

• 491 Small Business Owner

This is a points tested visa, which is applied to by lodging an Expression of Interest into the Skill Select system. This visa is part of the skilled migration program and the applicant needs to have an eligible skilled occupation and a positive skills assessment in order to apply. (Note: the nominated occupation can be unrelated to the business). They need to attain the pass mark of 65 points which can include the 15 points awarded for state nomination. There is a pathway to permanent residency through the 191 visa after three years.

Acceptable Businesses: It must be an existing business that is purchased (no new businesses or start-ups). You must demonstrate to have established and operated your business (solely owned) in Tasmania for at least 6 months.

Exclusions: Franchises, share-owned businesses, service stations, massage clinics, taxi or Uber related businesses are not included.

State Requirements:  The applicant must be living in Tasmania. You must provide a comprehensive business plan. Additional considerations include the applicant's prior business ownership or business management experience and also the nature of the business and its long-term benefit to Tasmania. You must demonstrate that the business is highly likely to give you a personal income that would meet the minimum taxable income requirement set by Home Affairs for the subclass 191 Permanent Residence (Skilled Regional) visa. Currently, that is 53,900 Australian dollars per year for at least 3 years over the next 5 years.

This article is intended as a general overview of state requirements for business migration in the 188A and 132A visa categories. It does not cover the legislative requirements for these visa categories. Note that both state requirements and the Home Affairs criteria need to be met for the grant of a business visa. These investment amounts and information provided are subject to change without notice. 

Covid Update: Many States and Territories are now conducting interviews with business visa applicants online where travel is not possible. Most States and Territories now have a focus on businesses which will assist in the economic recovery following the pandemic.

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