No, it is not an unofficial close to Chinese applicants. For the FY 2023/2024, there was simply no quota allocated for nominating business visa applicants from any state, as the government wanted to allocate the remaining quota for the backlog of files of past applicants. We are hopeful that by the new financial year, we will see a reopening of the quota for business migration. You may still consider it and are advised to stay in touch with an Australian professional agent to confirm the current regulations and requirements, especially after 1 July 2024.
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Is Australia’s business innovation visa unofficially closed to Chinese applicants?
I would like to invest in a business and get residency but I heard the process could take years. Is that true? Should I not consider it being Chinese?
Answers
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The new Labour government (in power since 2022) has effectively suspended the subclass 188 program for new applications as of 1 July 2023. A review that was published earlier this year recommended ending or significantly changing the subclass 188 program. The review was more favorable towards the Significant Investor visa (Subclass 188 "c" with the A$5m million investment), and saw potential in the Entrepreneur visa (Subclass 188 "e"). The review saw no overall value in the Business Innovation visa (Subclass 188 "a" for business owners). There are no quotas by country, and no processing queues by country, however applications from the greater China region (China, Hong Kong, Macau, Taiwan) are processed by a separate team based in Hong Kong, whereas other countries are processed in the Adelaide Business Skills Processing Centre. In the past, this has resulted in slower processing times for applications from China due to the smaller processing team dealing with a larger queue of applications. At this time it is likely Australia will not see a business innovation / business owner pathway in the near future. I think it's likely we will have a pathway similar to the Significant Visa in the 2024/25 program year (starting 1 July 2024) requiring a A$5m investment in Australia. I would recommend looking at other alternatives to the business innovation / owner pathway.
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The Australian business visa program is currently closed to new applications in the 2023 - 2024 financial year. This applies to applicants from all countries, not just China. The official explanation given is that the Department of Home Affairs currently holds a sufficient number of applications to fulfill the business program's planning level for the 2023–24 period.
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It should not be closed off to Chinese applicants. The issue is usually the proof of documents being difficult to prepare and verify by offshore posts. However, if you want to do business innovation visas, then you could try to use more innovative and objective ways to achieve the visa application and wait for the process. Hopefully, with the current situation between easing global politics, the posts and the authorities will give more weight to proceeding and verifying documents for international business use (which is what you may present to the PRC government when notarising those documents.)
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The Business Innovation and Investment subclass 188 visas can only be applied for if you are nominated by a State or Territory of Australia and invited to apply.
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The business & investor program is currently closed to all applicants.