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Investor Visa for Australia

Investor Visa for Australia

Foreign businessmen interested in immigration in Australia have the possibility of applying for a visa created especially for investment purposes. The investor visa in Australia provides the right of living in this country for an undetermined period of time and, in this case, the investor can also obtain Australian citizenship.

Our Australia immigration lawyer can present the steps investors have to follow when applying for this type of visa. Our lawyer can also help with advice on the minimum requirements investors have to satisfy prior to applying for this visa, as well as other aspects they have to respect after the visa was issued and the foreigners relocated here for business purposes. You can also find out all the steps in receiving a residence permit in Australia.

The Australia investment visa under the Global Talent Independent Program

A special Australia investment visa can be obtained under the Global Talent Independent Program, designed for entrepreneurs and investors, as well as for highly skilled executives and professionals. This visa pathway is opened only for certain business sectors, especially the IT and innovation industries.

 Quick Facts  
  Nationalities accepted (EU/Non-EU)

Both EU and non-EU investors can apply for the Investor Visa in Australia.  

Business investment option for the Investor Visa in Australia (YES/NO) 

Yes

Real estate investment option (YES/NO)

 Yes, but this is available only for certain programs, such as the Significant Investor Stream.
Other investment options
(if available) 
Investments in listed Australian companies, commercial real estate, government bonds, investments in equity funds that invest in startups and small companies, setting up your own company, etc.  
Living requirement in Australia  (YES/NO) Yes – there are residency obligations for the investor visa in Australia, based on the selected visa.
Residence or direct citizenship option

Permanent residency can be granted for certain programs, such as the Investor Visa Subclass 891. Citizenship is not granted automatically under any program.

Direct immigration with family members (YES/NO)

Yes   

Family members allowed to join the program Spouse, children with an age below 18 years old, dependent children with an age above 18 years old and other persons that are part of the close family unit.
Residence visa/citizenship processing time (approx.)   Permanent residency can be obtained in 4 years for most of the immigration programs. A foreign investor can apply for citizenship only after becoming a permanent resident (the procedure can be started after minimum 1 year of permanent residency). 
Additional financial requirements for family members (YES/NO)  There are some costs regarding the visa processing. The fees vary depending on the age of the family members (below or above 18 years old), but also on their knowledge of the English language. 
Timeframe for obtaining citizenship/residency by investment  Permanent residency: 3-4 years of stay.
Citizenship: after 5 years. 
Dual citizenship permitted (YES/NO) Yes, as long as the reciprocity principle applies. 
Reasons to choose Australia The country is one of the world’s leading economy, it has a stable market, it is reviewed by international bodies as a state with a good economic outlook for the following years, it provides various tax incentives for business sectors. 
Personal income tax rate The income of individuals is taxed based on a progressive system at the following rates:
0%, 19%, 32.5%, 37% and 45%. 
Visa free travel to other countries (approx. number of countries)  180 (it includes the states where the visa is granted upon arrival).  

 

Those who want to migrate to Australia under the program should know that they can qualify if they develop their activities in fields such as: cyber security, financial technology, agricultural technology, space manufacturing, mining technology, medical technology, quantum information and data science. It must be noted that those who want to enter this program must have excellent credentials in their field.

If you want to obtain an Australia investment visa and you activate in any of the sectors presented above, our lawyer can offer in-depth information on the procedure that must be completed during the visa application, and can advise on the set of documents that will provide evidence on your expertise in any of the above fields.

You can also watch this presentation on how to obtain an investor visa in Australia:

General information on the investor visa in Australia in 2022

Foreign businessmen generally seek to expand their business opportunities in new markets. In other cases, businessmen may simply want to relocate for an undetermined period of time in a new country, while carrying a new business venture in the respective country or participating in a local business.

In this case, a foreign individual can opt for an investor visa in Australia, which is a type of immigration document that can be used by those interested in starting a business or participating in an investment project on the local market. Some of the highlights of this type of visa are presented below:

  • in order to start the process for immigration to Australia, the applicant has to pay a processing fee of AUD 2,450;
  • the businessmen can obtain the investor visa in Australia that is prescribed by the visa Subclass 891;
  • however, in order to obtain this document, which grants the right to permanent residency in Australia, the applicant must be the holder of a Subclass 162 – Investor (Provisional) Visa;
  • when applying for the visa Subclass 891, the applicant must have already lived in Australia for 2-4 years;
  • the applicant must be able to prove that he or she has already invested in Australia at least AUD 1,5 million in the period in which the person has lived here.

Prior to applying for an investor visa, we highly recommend you to address to our lawyer, as the law was changed in 2021 and new requirements have to be met. One of the main things to consider when applying for an investor visa in 2022 in Australia is that the local government has reduced the quota on investor visas, and has also increased the minimum capital accepted. New changes came into force starting 1st July 2021 – for instance, the minimum capital for the business innovation stream will be of AUD$ 1,25 million, compared to AUD$ 800,000 (up until 1st July 2021).

For 2022, the Australian authorities have the following quotas: the business and investment programs are capped at 13,500 visas, while the Business Innovation & Investment Program is capped at 6,860 visas. Each Australian region can issue only a limited number of such visas, the highest, of 2,200, being in New South Wales.

Australia investment visa – the Subclass 892

Amongst the extensive options that are available for foreign investors, the law on immigration to Australia stipulates the State/Territory Sponsored Business Owner Visa ( the Subclass 892). This visa type provides permanent residency to its holder after two years of having developed a new business in Australia.

In order to participate in this visa program, however, the applicant must have obtained a sponsorship from a state or territory governmental institution of this country. Eligibility is not limited to certain business sectors, as almost all business activities are eligible, with the exception of few business endeavors, such as warehousing or property development.

The eligibility criteria imposed for this type of investor visa in Australia can be studied on the website of the Department of Home Affairs, operating under the Australian Government. However, for more in-depth details regarding this, you can also address to our immigration lawyer in Australia. Our lawyer can assist you with more information on the process of applying for Australian citizenship as well.

What should investors know on the Subclass 891 visa?

The Australia investment visa that can be issued under the Subclass 891 provides the right to permanent residency in this country and the right to work and study in Australia. The investor can also benefit from the right of being a part of the public health system and the visa holder can bring his or her relatives in Australia.

Although the Australia investment visa grants the right to permanent residency in this country, it is necessary to know that its holder can travel freely to and from Australia for a period of 5 years. The possibility of bringing here close family members can open when the applicant lodges the visa application, by mentioning the respective family members who will relocate here, or after the visa application was lodged, but prior to the moment when the Australian authorities will issue the visa.

Please be aware that the members of the family must comply with the character requirements, as well as the health requirements applicable under the Australian migration law. The application for this document has to be done in Australia, and the family members can also be in Australia or outside the country, but not in the immigration clearance process.

As we mentioned above, this document allows permanent residency, but after 5 years the right to free travel will expire, and this is why, after the end of the 5 years period since the Australia investment visa was obtained, the visa holder must apply for a Resident Return (RRV) visa (subclass 155 and subclass 157 will apply).

What are the requirements of the Subclass 893 investor visa in Australia?


The legislation on immigration in Australia also prescribes the possibility of arriving in this country for investment purposes when applying for a Subclass 893 visa, also designed especially for foreign investors. The Subclass 893 is known as the State or Territory Sponsored Investor Visa, which is a document that grants the right to permanent residency.


Since permanent residency is not granted automatically, it is important to know that the applicants interested in this immigration document can obtain it after being the holders of other types of provisional investor visas, which generally grant the right to temporary residency.


In the case of the Subclass 893, applicants have to be the holders of a Subclass 165 visa – State/Territory Investor (Provisional) Visa. Having the Subclass 165 visa implies that the holder is a businessman who has arrived in this country for developing a business activity and, at the moment when the application for the Subclass 893 visa is made, the person must prove that the business is still running and that the said investment activity will be carried on further.


There are specific requirements that have to be met by the applicant, who, at the moment of the application, must make the proof of having made an investment of AUD 750,000 for a period of 4 years and if these two basic conditions are met, then the applicant can request the issuance of this visa, which will provide permanent residency in Australia. Just like in the case of other visas, the applicant is required to pay a processing fee, which, for this visa, the fee is established at AUD 2,495.

Investor visa in Australia – Subclass 188

Another type of visa investors can obtain if they want to migrate to Australia is the Business Innovation and Investment (Provisional) Visa, stipulated under the visa Subclass 188. This visa type is addressed to foreigners who want to set up their own business in Australia or to those who want to participate in an existing company. The document grants the right to obtain a residence permit in Australia, through which a foreigner can live here for a given period of time.

The visa Subclass 188 prescribes several categories of visas that can be obtained by foreign investors, which are differentiated based on the value of investments, the rights granted to foreigners, the validity of the visa (it can range from 4 to 6 years). We will present below some of the options prescribed under this visa subclass, but additional and more comprehensive details can always be provided by our Australia migration lawyer.

This visa subclass also offers the possibility of extending one of the visas obtained by the foreign investors, and the extension period can vary from 2 to 4 years. For instance, those who have applied for a Business Innovation and Investment (Provisional) Visa are allowed to obtain an extension, the following being available:

  • in normal conditions, the extension for the investor visa in Australia for this type of visa can be of 2 years;
  • however, in the current conditions created by the COVID-19, the local authorities have created a new legal environment which allows investors to extend their visa for 4 years;
  • this means that the basic duration of stay, of 4 years, can be extended to a total of 8 years;
  • investors must be aware that they can be the holder of only 1 a Business Innovation and Investment (Provisional) Visa at the moment when they apply for an extension;
  • the fee applied for the visa extension is of AUD 645.

If you are interested in immigration in Australia under the 188 Subclass, we invite you to request in-depth legal assistance from our immigration lawyer, as there are multiple options that can apply. For instance, foreigners can arrive here for business purposes under the Subclass 188, and participate in any of the following visa streams:

  • Subclass 188 – the Business Innovation Stream, and which is available for investors who want to set up their own business or manage an existing company;
  • Subclass 188 – the Investor Stream, addressed only to investors who can invest considerable amounts in the Australian economy (AUD 2,5 million);
  • Subclass 188Significant Investor stream, addressed to businessmen who can invest at least AUD 5 million;
  • Subclass 188 – the Entrepreneur stream, a visa class that is not available in all Australian territories;
  • Subclass 188 – Extension stream (as the name suggests, it refers to the possibility of extending the duration of the visa, if the applicant meets the minimum conditions for which their initial visa was issued).


Investors who want to apply for the Significant Investor stream should be able to conduct a business activity for the entire duration of the visa; please mind that in all visa streams presented above, investors have to receive an invitation to apply, which can be made by different Australian governmental bodies.


Another condition investors have to comply with is that they should be able to live in Australia for the period for which the visa is issued, which refers to 5 years of stay. Please mind that the costs of the visa processing are of AUD 8,925.


You should also consider that the Subclass 188 visa stream is a point-based visa, and the applicants have to obtain at least 65 points in order to have their application taken into consideration. The point-based system takes into consideration matters related to the age of the applicant, the ability to speak English, the business experience and other qualifications the person may have.


The value of the personal assets and the net worth of the person is also a matter that is analyzed through the point-based system. Since all these are business visas, other credentials have to be analyzed, such as the business turnover of the companies held by the investor.


Please mind that there is a special rule regarding the age of the applicant. The basic rule for immigration to Australia in this case is that the applicant is below 55 years old at the moment when the application is made. Otherwise, the visa application will not be considered. However, exemptions from this rule can appear in the case in which the proposed business activity is seen as having a major positive impact on the region where it is based.


But this is an exceptional rule and in the case of persons who are above 55 years old and who want to migrate to Australia, other visa options are still available. For an extended presentation on this matter, we invite you to address to our Australian immigration lawyers.

Obtaining the Australia investment visa as a Subclass 888 visa

Another way to obtain the Australia investment visa is to apply for a visa that is prescribed by the Subclass 888. The Subclass 888 is known as the Business Innovation and Investment (Permanent) Visa and it represents a visa type that is issued to business owners, entrepreneurs and investors who want to maintain their business activities in Australia.

This visa can be granted to persons who have previously obtained another type of Australia investment visa issued for a limited period of time (known as a provisional visa). Under the Subclass 888, the investors will be granted with the right to permanent residency and it can be obtained by businessmen who have previously obtained a visa under the Subclass 188 (presented above) or who have received a visa under the Subclass 444 or the Subclass 457.

The visa application process can be completed online and in order to benefit from this permanent residency visa, the applicant must show evidence that he or she has an ongoing business activity. Depending on the first visa obtained here, the value of the investment that the investor is required to invest in the business will vary (ranging from no minimum investment requirement to AUD 15 million).

The visa options for those who want to migrate to Australia are not limited to the visa types presented in this article. Additional immigration documents are available for those who want to obtain an investor visa in Australia, such as the Business Talent (Significant Business History Stream) or the Business Talent (Venture Capital Entrepreneur Stream). You are invited to contact our Australia migration lawyer for legal assistance and legal representation on the issuance of one of the visas presented in this article.