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7 Things You Need to Know About Australia’s 188C Significant Investor Visa (SIV)

7 Things You Need to Know About Australia’s 188C Significant Investor Visa (SIV)

Choosing to move to Australia is a very exciting decision – congratulations!  Now the question is, which visa is right for you?  If you are able to invest, the 188C visa otherwise known as the Significant Investor visa (SIV) may be right for you.  But what is it and how does it work?

 

CLICK HERE to know everything about the  Investor visa (SIV)

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1.     Why Would I Want the 188C SIV Significant Investor Visa?

The 188 Subclass is a group of visas for people looking to invest in Australia.  There are a number of visa types in this subclass which vary in their conditions based on the value of the investment made.  Compared to other business visas, the 188C has the following advantages:

  • No upper age limit;
  • No English language requirement;
  • No points test;
  • Able to bring eligible dependants (spouse/partner, dependent children up to 23 years old);
  • No academic qualification requirement;
  • No business management skills or fund management experience requirements;
  • May be applied for from within Australia or outside Australia;
  • Ability to extend visa (up to 8 years in total);
  • Flexible residential requirement (you need only reside in Australia 40 days per year);
  • Pathway to permanent residency.

Of course, the biggest attraction factor for many is that the 188C SIV offers successful applicants a direct pathway to permanent residency in Australia.

Work Visa Lawyers can help with your application for a 188C SIV Significant Investor visa.

 

 

Question head

2.     Who Can Apply for SIV Australia?

The 188C SIV Significant Investor visa is open to applicants with high assets and a high income, who are willing to make a AUD 5 million investment in Australia.

Key Criteria:

The applicant and/or their spouse must:

1. Have net personal assets of AUD 5 million;

2. Be nominated by an Australian state or a territory or the Australian Trade and Investment Commission (Austrade);

3. Be willing and able to make an investment of AUD 5 million into a complying significant investment fund.

 

 

Couple on beach

3.     How Do I Become a Permanent Resident?

188C SIV Significant Investor visa holders are eligible to become permanent residents of Australia if they:

  • Hold the AUD 5 million complying investment for 4 years;
  • Either spend 160 days in Australia, or their spouse spends 720 days in Australia; and
  • Are nominated by an Australian state or a territory, or Austrade.

Permanent Residency does not happen automatically though – you must apply for it!  At Work Visa Lawyers, we can help with this aspect of the visa process too.

 

 

Australian money

4.     What Happens To the Money I Invest?

One of the most common questions we get asked about the 188C SIV Significant Investor visa is, “what happens to the money I invest?”  Once you have signed up, your money is invested into managed funds which the Australia Government identifies as being beneficial to Australia.  These are used to boost the national economy.

The investment is split into:

  • AUD 500,000 in venture capital and growth private equity funds which will invest in start-ups and small private companies;
  • AUD 1.5 million in approved managed funds which must invest in new companies listed on the Australian Stock Exchange; and
  • a ‘balancing investment’ of at least AUD 3 million in managed funds.

Distribution of Funds 188C

The money must remain invested for at least 4 years, although it may be transferred to another complying investment during this period.

You remain the legal owner of the money during and after the investment period and if your investment grows, that growth belongs to you too (subject to Australian tax law).  Once the minimum investment period is complete, your investment is returned to you and you may use it as you wish.

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Of course, as with any investment, there is a chance of financial loss.  You should always obtain advice from an experienced lawyer and an independent  financial advisor before making this kind of decision*.  Make an appointment with Work Visa Lawyers today to discuss whether this is the right visa for you.

*Work Visa Lawyers are not financial advisors and cannot provide you with financial advice – you should also speak with an independent financial advisor before making this decision.

 

 

5.     How Do I Apply For a 188C SIV Significant Investor visa?

If you meet the requirements in point 2, you can apply for a 188C SIV Significant Investor visa from anywhere in the world.  First, you will need to lodge an Expression of Interest (EOI) with either the state or territory in which you wish to reside, or with Austrade.  Work Visa Lawyers proudly recommends South Australia, but we can assist with your application to any state, territory or Austrade.  The state/territory or Austrade will assess your EOI and if you meet the criteria, they will nominate you for a Significant Investor 188C visa.  Once you are nominated, you will need to submit an application, complete with evidence that you meet the requirements.

To ensure your application is completed correctly and give you the best chance of success, you should engage an experienced immigration law firm like Work Visa Lawyers to draft and lodge your paperwork for you.

Applying from within Australia

If you are already in Australia and want to stay here while you wait for your 188C SIV Significant Investor visa application to be processed, you may need another visa for the duration, usually this will be a Bridging Visa.  There are 2 options depending on your situation.

-Bridging Visa A

Bridging Visa A (BVA) allows applicants to stay in Australia until a visa decision is reached. The BVA does not have a travel facility however, so should you wish to travel outside of Australia for any reason while waiting for your visa, you will need to apply for Bridging Visa B.

-Bridging Visa B

Bridging Visa B (BVB) allows applicants to leave and return to Australia whilst awaiting a decision on visa applications.  This visa is ideal if you have business or personal needs to attend to outside Australia, but wish to return.

Applying from Outside Australia

Applying from outside Australia is ok too!  Work Visa Lawyers has Immigration Lawyers and Registered Migration Agents available for consultation at a time that suits you via Zoom, over the telephone, or face to face in our Adelaide office.  Our staff speak many languages and we can arrange an interpreter if you would like one.

Zoom video conference call

 

 

6.     Who Is Applying For the 188C SIV Significant Investor visa?

Since the launch of SIV program in November 2012, the bulk of applications originated in the following 5 main countries and regions, primarily in Asia.  This is in part due to Australia’s geographical proximity to Asia, but Australia is also an ideal location for lifestyle, universities and healthcare, global business, and financial security.

Applications were from:

  • Mainland China, 84.8%
  • Hong Kong, 5.1%
  • Vietnam, 1.3%
  • Malaysia, 1.2%
  • South Africa, 1.1%

 Origins of SIV applications

 

 

7.     Changes Are Coming Soon!

This article is correct at the date of publication but changes are coming! In April 2023, the Minister Clare O'neil confirmed that the Business Innovation and Investment Program will not be abolished. However, a radical restructure is needed to attract highly skilled people who will create the future jobs for Australians.

 

 

Author:

Wendy

Wendy Guan, Registered Migration Agent at Work Visa Lawyers

 

 

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SOURCES:

https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/work/significant-investor-visa

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188

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Global Talent Visa News – Australian Migration Review

 

Global Visa Talent

 

Since the Federal Labor government came into power in May 2022, there had been a number of concerns raised in relation to the future of the Global Talent Visa (subclass 858). However, based on the recently released Review of the Migration System and the speech of the Minister for Home Affairs, the Hon Claire O’ Neil MP, it seems that the Global Talent Visa still has a place in Australia’s migration system and the this visa still has a bright future.

The concerns about the future of the Global Talent Visa came about when the Australian government significantly decreased the allocations for this visa from 15,000 places to just 5,000 places. The visa also got de-prioritised and the Global Talent Attraction Officers’ roles had been changed which resulted to the significant slowing down of the processing of the Global Talent visa Expressions of Interest (EOIs) and of the visa applications. Before this visa got de-prioritised, some EOIs was being processed in about 2 days to about 1 month and the visa granted within a month (or less) depending on the health and character checks.  It now takes 4-6 months for prioritized EOIs to get a response and about 7 months for Global Talent Visa applications to be decided.

Some even feared that the Global Talent visa will be abolished because of the perceived government attitude towards the Global Talent Visa and their preference for employer sponsored visas, independent skilled and regional visas.

However, based on the report and the Minister’s speech, the Global Talent Visa will still be a good option for those high-performing, specialized highly skilled, highly paid professionals who have the skills, talents and innovative spirit that Australia wants and needs to create jobs, help the economy, raise Australia’s technical and academic standards, and its competitiveness in the global market and contribute to Australia’s growth.

 

 

Get to know more:

 

How can Work Visa Lawyers help?

If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

  • your eligibility for a Global Talent Visa
  • documents to demonstrate your skills and ability to attract the FWHIT salary

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online  or call us at (+61) 8 8351 9956.

 

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

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Federal Government’s Stealth ‘closure’ of Australian Business, Investor and Entrepreneur 188 Visas

Federal Government’s Stealth ‘closure’ of Australian Business, Investor and Entrepreneur 188 Visas

In August 2022 the States and Territories were only given a total of 810 allocations for 188 visas.  All states and territories aside from Move to South Ausralia have now run out of business visa allocations.

On 8 December 2022, the Migration Program Planning Levels for 2022-2023 were released.

Unfortunately, the Federal Government did not allocate any more places to any of the states/territories for Business Investment Visa 188.

So with no state nominations available, the Federal Government has effectively closed the 188 visa for this migration year, up until the 30 June 2023.

This is a type of stealth closure, without an announcement by the Federal Government, but with the same effect.

The 188 visa is called the Business Innovation and Investment Program (BIIP).

There are four streams of the 188 visa:

Each stream requires that the applicant to obtain state nomination before lodging a visa.

With no further allocations available to the states from the Federal Government, the 188 has been effectivly closed up until 1 July 2023.


How did the news break about the closure of 188 visas?

The Federal Government has not publicly announced the closure of the business programs.

It has been left to the states to make announcements in relation to running out of allocation and then not being given any more.

Business visa 188 Australia closure in 2023

The 188-visa allocation story so far this 2022 to 2023 program Year

So far this year the Federal Government gave 810 allocations, divided between all the States and Territories.

The States and Territories and many potential applicants were eagerly awaiting further allocations.

On 21 December 2022, Move to South Australia confirmed its final nomination allocation for business visas remained at 70 places for this program year ending 30 June 2023. Hence, it closed the nomination to Investor Stream (188B) and Significant Investor Stream (188C). There are a very limited number of places available for Business Innovation Stream (188A) (closing on 31 January 2023) and Entrepreneur Stream (188E).

In the meantime, New South Wales, Victoria, Queensland, West Australia, and Australian Capital Territory are closed for this program year due to reaching out the allocation of places.

Australia Skilled and Business Visa allocation

How many Business Visa Allocations were planned for 2022 to 2023? What happens to unused allocations?

There was a planning level of 5,000 places for Business Innovation and Investment visas at the beginning.

The 188 Business Investment visa has been a very popular visa stream in Australia which attracts a lot of high net-worth people from around the world.

The last 2021-22 planning level for Business and Investment Visa was 13,500 places.

This year, the Federal Government has only sent out 810 allocations for all states and territories.

It means almost 4,200 places will be left unused this year.

There is no official announcement on how the Australian Government will be using these places for.

However, with the current biggest invitation round in the history of 189 Visa (35,000 invitations in December), the unused places could be sent to skilled visa streams to address skills shortages.

What are the reasons for the Federal Government closing the 188 visa?

The Australian federal government has started a review process for the Australian migration program. submissions were due by the 15th Of December.
It appears that the federal government has already made its mind up in relation to the direction that the Australian migration program will take, by the closing of business investor and entrepreneur visas.
This could be due to the influence of the Grattan Institute, which has published a paper, claiming that business migrants pay less tax over their lifetime than skilled visa migrant workers.

The Grattan Institute is in favor of abolishing the Business Innovation and Investment program (BIIP) on the basis that applicants for these visas tend to be older, and they claim earn lower incomes and cost more in health services.

Please refer to ‘The $119 billion free lunch’ by Brendan Coates, Tyler Reysenbach by this link

The Busines Visa program was introduced by the Labor Gillard government in 2012. But more recently Federal Home Affairs Minister Clare O'Neil has criticised the BIIP program.

She indicated:” It is a visa program (Significant Investor Visa) that I think isn’t adding value to the country and it’s something that we will be looking at”

She also said: “At the moment, I can’t see a lot of reasons to maintain it as part of our program.”

As this program year only has 6 months left, we think that the Federal Government is trying to focus its 100% effort on the skills shortages rather than business and investment visas.

Skilled workers are in high demand, especially those in Agriculture, Hospitality and Healthcare.

 

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

 

What other options are available?  Are these other options suitable?

188 visa potential applicants may consider other visa options, for example,

However, many of those that were planning for a 188 visa might not be in a position to meet the requirements for these other visa options.

The employer sponsored and general skilled visas have higher English and lower age requirements.

Parent visas are very slow to be processed and rely on the applicant having at least half of their children in Australia as holders of Australian PR or Citizenship. 

So in many cases, unfortunately, those that would have applied for a 188 Business or Investor visa might struggle to meet the criterai for other visas. 

Comments by Immigration Lawyer, Chris Johnston

The closure of the business visa 188 has left many potential applicants frustrated and the states with interested applicants but with no nominations. 

We understand this is very difficult for many applicants who are planning a 188, with the allocation of 5000 not being reached. 

Hopefully, more allocations will be available in the new financial year starting 1 July 2023.

We suggest that the Grattan Institute’s model does not measure all the far-reaching benefits that flow from business migrants.

The Grattan Institute has failed to measure all the income generated by the visa holder, does not measure the benefit of the investment on Australian employment, property developments, Australia exports or business activity and does not offset the effect of private health cover which almost all business and investor visa holders have on the costs side of the equation.

The benefits of business migrants can be seen in an example published in an article in LinkedIn by Luke Headland from Investment Migration Industry Group (IMIG):

"Case Study of SIV visa holder 1:

Investment Capital:

SIV Complying Investment  $  5,000,000.00

Additional capital brought to Australia  $ 15,000,000.00

Investments remaining home country  $8,000,000.00

Total investment capital $28,000,000.00

Australian Income:

Income from SIV complying investment  $337,000.00

Income from business employment activity in Aus $250,000.00

Income from additional Aus investments $360,000.00

Total Australian sourced income $947,000.00"

As we can see, there may be a few taxes associated with this visa holder:

  • Income tax
  • Capital gains taxes on the re-balancing of investments

There are many tax payments and expenditure not measured by Grattan, including  high international student fee rates and luxury family home with double the level of stamp duty.

I have also observed that business migrants often invest much more in Australia through upgrading businesses and buying extra businesses, than is required to get a visa.  

My view is that the Grattan Institutes figures used to criticise business visas are flawed, as they:

- do not measure all the forms of tax income from SIV holders, effectivey underestimateing the income SIV holders generate for the government.

- overestimate the health costs, as almost all SIV holders have private health insurance. 

It is also important to note that by closing the 188 visa, the Government is closing all four streams.

This means the government is closing to business innovation applicants or the 188A.  This is a visa that is for successful overseas business owners, which are required to establish or buy an Australian business, and to successfully operate the business for at least two years.

This means the government is closing the Entrepreneur visa or the 188E, which is aimed at promoting Entrepreneurs to move to Australia and to start new and exciting businesses.

Australia is lagging further and further behind in relation to attracting innovation.  Many other countries have now put in place digital nomad visas, which are designed to attract young people that have online and remote businesses. 

Australia has closed the Entrepreneur visa and does not have a Digital Nomad visa.

I am concerned that while the Minister for Home Affairs has made some negative comments about the 188 SIV visa, the recent measures of failing to give out allocations to the states, are closing all four business visa streams. 

It is hard to believe that Australia does not want high net worth business owner migrants, investors or entrepreneurs?

Most State and Territory governments have been supportive of business, investor and entrepreneurs visas.  Different states have varying focusses based on their states characteristics.

As the centres for big business in Australia, NSW and Victoria have favoured the Significant Investor Visas.

South Australia Visa 188 Program has supported business visas for SA exports and property development and entrepreneur visas to innovation and new industries. 

Queensland has been involved in all types of business and investor visas. 

The State Governments of Australia are usually keen for high net worth business owners, investors and entrepreneurs.

Does the government modeling include the stamp duty from property purchases (nope a state tax) or the benefits of state based exports, property developments and business expansions (nope, all benefiting states and not measured by the Grattan Institute).  Not to mention that the Grattan Institute's policy of huge GSM numbers straight to PR on a 189 will deliver all the migrants to Melbourne and Sydney, putting infrastructure under pressure and with no benefit to other states and territories).

So when I say Australia, it really means the Federal Government does not want high net worth business and investor visa applicants.

Why not reform the 188 visa rather than totally cut it?

The Federal Government could reform the 188 visa, to reduce age concessions, for example, if worried about aging migrants.  But it seems they might be searching for that Djokovic moment, for some  popularist migration related publicity.  Cutting visas for wealthy people and those pesky influencer gen Z entrepreneurs. 

More about the Business Visa Australia Agents and Lawyers at Work Visa Lawyers

With rapid changes in the migration policy in Australia and this unstable period, having a someone, who is specialized in the field, with you on your Business Investor Visa journey would be the best way to start.

Understanding the difficulties in choosing the best Australian Business Visa options, Business Visa 188 Agents and Lawyers team at Work Visa Lawyers has strong immigration knowledge and committed to keep updating our website and Business Innovation and Investment news in Australia.

Work Visa Lawyers ® is a migration firm founded by Lawyer Chris Johnston in 2011. Our team is focused on providing quality immigration services to our clients, wherever they are in the world. We speak English, Mandarin, Cantonese, Punjabi, Hindi, Tagalog (Filipino), Portuguese and Vietnamese.

We can help you with the Business Innovation and Investment (Provisional) visa (subclass 188) for the following four streams and Global Talent Visa:

We are experts in Business and Investor Visas 188 and Global Talent Visa 858 in Australia. We help overseas business owners, investors to create a new life in Australia with their family much faster through those visa streams.

Business Visa Lawyers Australia Work Visa Lawyers

Book an Appointment

Sources:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.migration.sa.gov.au/news-events/skilled-and-business-migration-program-update-final-nomination-allocation-received-2022

https://grattan.edu.au/news/the-119-billion-free-lunch/

Like Headland  from Investment Migration Industry Group : https://www.linkedin.com/pulse/significant-investor-visa-economic-benefits-australia-luke-headland-%3FtrackingId=RSh3gNd6SfqK%252BAGqwbFMiA%253D%253D/?trackingId=L43kMQg1RTSOibkKU2mXPw%3D%3D

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Important information for 188A Business Innovation visa holders intending to change business plans

Today’s ever changing economic climate can result in necessary changes to business plans.

What happens if you were approved for state nomination based on a particular business plan, and then this plan changes after your 188A visa is granted?

Overview of 188a Business Innovation Visa Australia

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Business and Investor Visa News November 2022 - 188A and 188C SIV Changes - Ministerial Direction 100

Federal Budget 2022 - Business Investor Visa Allocations

New Federal Budgets have revealed the Migration Program planning levels.

The quota for Business Innovation and Investment Visa program has been reduced to 5000, comparing to 13,500 last year.

This will mean that it is more competitive and challenging to secure a place in the program.  

We are talking about the four streams of the 188 visa.

States have announced that they are running out of allocations as they are working from a interim allocation of about 800 places. 800 places for all states and territories are too short to fill up the demand of the Business and Investor visa program in Australia.

Watch our full video about Business Visa news in November 2022 here:


In that, QLD and NSW have already used up their interim allocation and closed the program temporarily. VIC and SA are very careful in selecting the applicants. SA decided  to temporarily close the Investor Stream 188B and Significant Investor Stream 188C streams.

Hopefully, the states can receive further allocations for the Business Visa Australia shortly after the Federal Budgets announcement and open to all the streams.

Now, let's look at some of the most popular stream in Business Visa 188 Australia and why should you go for it.

The 188A Business Innovation stream remains popular among applicants all over the world. This is because it has lower capital rewquiremetns than the investor path, and builds on the applicants existing business skills.

The 188C Significant Investor stream is the most simple one except for the amount if investment fund with NOT much criteria including:

  • No Age limit (good for parents who are not able to do parent visa 143);
  • No English Requirement (You only need to pay for the secondary fee for non-english applicant);
  • No  Qualification or Business Skills and experience required;
  • No Points Test (Business Innovation stream 188A and Investor Stream 188B requires Points Testing)

In order to find your best Business and Investor Visa Australia, please use our Business Visa Compare tool:

Business Visa Compare Australia Find your best Business and Investor Visa Australia 188

Business and Investor Visa news recap

There is still a shadow over the 188C visa which requires a 5 million dollar investment.

In Sep 2022, the Home Affairs Minister Clare O’Neil commented with Sky News that the SIV program “isn’t adding value to the country”

In the talk, Minister Clare O’Neil mentioned:

"I think most Australians would be pretty offended by the idea that we've got a visa category here where effectively you can buy your way into the country,"

"I don't see a lot of great benefits to the country currently." When she was asked by Andrew from Sky News if the Golden Visa Australia (Significant Investor Visa 188C) might be abolished.

The minister has criticized the Significant investor visa to be bringing in older people who can cost the budget.

There are also comments from Grattan Institute which raised concerns if the SIV will be removed shortly.

=> Applicants wish to put in a SIV application need to take actions as soon as possible.

Business Investor Visa Australia Visa 188

Or, you may consider to apply for a 188B - Investor Stream instead.

Similar to 188C, 188B Visa requires applicants to invest 2.5 million Australian Dollar to the complying investment fund of Australia. It also has a pathway to Australian Permanent Residency.

The 188B Visa has grown in popularity recently and the comments on the SIV may make more people consider the visa 188 Investor stream.

The final category is the 188E Entrepreneur Stream.

While it has no capital investment requirement, the level of interest is surprising low.  This may be because the of the requirements being harder to quantify or predict.

The 188E visa requires applicant to show innovated business ideas.

State such as SA and Victoria require endorsement from service providers or investor incubator bodies.

There is a pathway to permanent residency after you hold the visa for 2 years and have a successful record of entrepreneurial activities. 

Ministerial Direction 100 - Business Visa Processing

Following the Federal Budget, there is a new Ministerial Direction 100 for skilled visa processing priority instruction published recently.

The new labor government has pointed out that their primary focus at this stage is to:

- Clear the visa backlogs caused by the delay in processing time during Pandemic Covid-19.

- Address skills shortages 

The government will still process efficiently those skilled visas in the near future to make the visa backlogs to a manageable level before Christmas.

The following skilled visas are subject to Ministerial Direction No. 100:​

In the last point of the Direction 100 Factsheet, it says that the Government will reduce priority to some programs to shift attention to skilled visas such as State Nomination, Employer Sponsorship program.

The report states that this reduction will help increase efficiencies in reducing processing times across caseloads. This is reflected by the total allocation number of those programs this financial year 2023.

However, Visa applications for the Global Talent and Business & Investment program will still be processed efficiently in line with the planning levels of the Migration Program.

Read full details of the Ministerial Direction 100 - Skilled Visa Priority Processing >>

Summary of current Business Investment Visa Australia situation

In summary, the allocations are now lower, at 5000.  But with only 800 state allocations so far, there is still over 4000 potential places to be sending out in the next 7 months.

The demand on the Business Investment visa 188 is still high so the new allocations could be filled quickly. Imagine the 800 allocations have been filled within 2 months since announcement, the rest is expected to be running out soon in 3-4 months.

This leads to a more selective process from the government. That means your documents and profile must be clear and well-managed to be successfully get the visa 188.

An application for business or investment visa Australia must be handled with care as it involves demonstration of significant assets (AUD 2.5 - 5 million) and the preparation to liquidate the amount for transfer into the complying investments before the visa is granted. 

The team at Work Visa Lawyers has extensive experience in compiling financial and business documents from different countries and submitting the information in an organised manner for the DHA to process the documents smoothly.

 

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

 

Work Visa Lawyers works with accredited fund managers to provide options to our clients for the complying investments.

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa.

We are available in English, Mandarin, Cantonese, Vietnamese, Punjabi, and Tagalog.

So that is the news about the Business Visa space.

Please stay tuned for further update. 

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