Based on current migration criteria for a business owner, if you would like to get your restaurant business started here, you will need to get your intended Australian business plan approved by the state that you would like to settle in. Each state has their own requirements, but in general, you need to be: under the age of 55; have a personal net worth asset total of minimum AUD $1.25million (including business assets); an annual turnover history of your current business for 2 out of most recent tax years with at least AUD$750,000 per year; minimum 30% ownership of your current main business; a successful business record and enough funds of at least AUD$200,000 for future business investment. At the moment, there is no quota allocated for business migration for this year. We hope to hear some news soon on the future of business migration for Australia. If you would like an update on migration policy and situation of subclass 188 business and innovation program, please be in touch with an Australian migration professional specialising in business visas to help and get the latest on immigration updates.
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How can I obtain a business visa in Australia as a restaurant owner?
I am doing restaurant business in Taiwan now, and I plan to move to Australia. How can I obtain a business visa if I want to open up a “branch” there?
Answers
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Possibly, you can apply for a Subclass 482 Work visa, to become a sponsor, then nominate yourself and apply as a visa applicant. Unfortunately, as of September 2023, the 188 Visa program is closed to new applications, in the State of Victoria for Business Innovation, Investor and Significant Investor (subclass 188) streams, because all places in the program have been allocated.
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During the current year, there are no places allocated for the Business Innovation and Investment (Provisional) visa (subclass 188) which allows business people to own and conduct business activities in Australia. Therefore, business people need to wait till the end of the financial year for places to be allocated or changes in the visa streams.
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Just so happens I have strong connections to Taiwan! It is very simple, depending on your resources. If you are looking to open a branch, then you can ask to have a 482 visa sponsorship on the basis that you are expanding and entering into the market. With a good business plan, you will be able to establish a shorter visa for around 12 months and then show immigration how you progress. However, you will need to invest capital into the branch, including human capital, in order to make sense with the cuisine and service model that you propose as your unique know-how which should be adaptive and competitive in the Australian market.
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The business visa stream for Australia is effectively suspended for new applications and we're unlikely to see any options in the next few years at least for a business owner pathway. It can be possible for an overseas business to sponsor an employee (including the owner) to go to Australia under a work visa to establish a subsidiary in Australia. However, this does require the proposed Australian business to have "overseas connections." This may be difficult to meet for a restaurant business, however the business in Australia does not need to be the same as the business overseas, for example, the Australian business could be exporting Australian food products. After working in Australia for 2 years, it is possible to transition to permanent residence under this pathway.