Subclass 188 Business Innovation and Investment visa – Entrepreneur Stream

Who needs this visa?

The subclass 188 Entrepreneur stream visa is suitable for overseas entrepreneurs who are planning to establish entrepreneurial ventures in Australia. Your entrepreneurial venture must receive at least AUD 200 000 from eligible organisations to apply for this visa.

What are the criteria involved for this visa?

To apply for the Entrepreneur visa you need to:

  • be below 55 years of age, unless the requirement has been waived by the nominating state or territory
  • receive nomination from a state or territory where your entrepreneurial venture will take place
  • have competent English ability, i.e. IELTS 6.0 across all components or equivalent
  • ensure your intended entrepreneurial activity is a Complying Entrepreneur Activity, which is an innovative idea that will lead to commercialisation of a product or service in Australia, or the development of an enterprise or business in Australia

What is a Complying Entrepreneur Activity?

A Complying Entrepreneur Activity does not relate to the following:

  • Residential real estate
  • Labour hire
  • Purchase of an existing enterprise or a franchise in Australia

The Complying Entrepreneur Activity will need to meet the following requirements:

  • enter into an agreement and receive funding of at least AUD 200 000 from one of the following organisations:
    • Commonwealth Government agency
    • State or Territory Government
    • Publicly Funded Research Organisation
    • Investor registered as an Australian Venture Capital Limited Partnership or Early State Venture Capital Limited Partnership
    • Specified Higher Education Provider
  • at least 10 per cent of the agreed funding must be paid to the entrepreneurial entity within 12 months from the day the entity starts operations
  • you hold at least 30 per cent ownership in the entrepreneurial entity when you entered into the agreement
  • a business plan has been created for the Complying Entrepreneur Activity

How do I apply for the subclass 188 Entrepreneur Visa?

  1. Submit an Expression of Interest (EOI) on the SkillSelect system
  2. Receive a nomination from the state/territory you intend to establish your entrepreneurial entity
  3. An Invitation to Apply (ITA) is issued when your application is nominated
  4. Submit a visa application with supporting documents within 60 days of receiving the ITA
  5. Enter into an agreement to receive at least AUD 200 000 in funding from eligible organisations
  6. Visa is granted for you to begin your entrepreneurial activity in Australia

How can Work Visa Lawyers help?

The Entrepreneur stream for the subclass 188 Business Innovation and Investment visa is very new and it is expected many will not be familiar with the requirements and procedures to apply. As an office governed by two sets of standards (the Registered Migration Agents Code of Conduct and the standards of the Law Society of South Australia), Work Visa Lawyers will handle your application with caution and ensure detailed fact checking is done before submitting your visa application.

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

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

If you need to know more about the Entrepreneur visa and find out if it is suitable for you, contact Work Visa Lawyers to speak with our team of Registered Migration Agents.

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Our South Australia Immigration Lawyers

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business visas, Employer-Sponsored visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review, and Ministerial Intervention. Based in Adelaide South Australia, our Immigration Lawyers and Migration Agents provide migration advice to people and businesses from all over the world.

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