Australian Permanent Residency

3/184 Pier Street
Perth WA  6000

Phone: 0061 (0) 452214055

Australian Permanent Residency

AUSTRALIAN BUSINESS VISA
Business Innovation and Investment Program Overview

Want a provisional or permanent Australian business visa?
The majority of entrants will enter Australia on a provisional visa for 4 years. There are 3 main streams under this category:

THE BUSINESS INNOVATION STREAM – For people with a successful business career and a genuine and realistic commitment to be involved as an owner in a new or existing business in Australia.

You must:

be under 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the nominating state or territory.
score at least 65 on the points test
for two out of the four fiscal years immediately before you are invited to apply, have had an ownership interest in an established business or businesses that had at least AUD500 000 turnover in each of those years
own at least one of the following percentage of your nominated main business:
51 per cent, if the business has a turnover of less than AUD400 000 per year
30 per cent, if the business has a turnover of AUD400 000 or more per year
10 per cent, if the business is a publicly listed company
have an overall successful business career
have a genuine desire to continuously own and maintain a management role in a business in Australia.
If your nominated main business provides professional, technical or trade services, you must have spent no more than half your time providing those services, as opposed to general management of the business.

At the time of invitation, you, your partner, or you and your partner combined must have total net assets of at least AUD800 000 that are lawfully acquired and available for legal transfer to Australia within two years of the visa being granted.

You and your partner must have had no involvement in unacceptable business or investment activities.

THE INVESTOR STREAM – For people with a successful record of qualifying business or eligible investment activity who will make a designated investment in a state or territory of Australia and have a realistic commitment to continue to maintain business or investment activity in Australia after the designated investment has matured.

You must:

be under 55 years of age, although a state or territory can waive this requirement if your proposed investment will be of exceptional economic benefit to the nominating state or territory
score at least 65 on the points test
have a high level of management skill in relation to the eligible investment or qualifying business activity
have at least three years’ experience of direct involvement in managing one or more qualifying businesses or eligible investments
have an overall successful record of eligible investment or qualifying business activity
have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured
have a genuine intention to live for at least two years in the state or territory in which you have made a designated investment
You, your partner, or you and your partner combined must:

for at least one of the five fiscal years immediately before you are invited to apply, have directly managed one of the following:
an interest owned by you, your partner or you and your partner combined of at least 10 per cent in a qualifying business
at least AUD1.5million in eligible investment owned by you, your partner or you and your partner combined
during the two fiscal years immediately before you are invited to apply, have legally acquired net business, investment and personal assets of at least AUD2.25 million that are available for legal transfer to Australia within two years of the visa being granted
make a designated investment of at least AUD1.5 million in a state or territory government security using unencumbered funds accumulated from qualifying businesses or eligible investments and be prepared to hold that investment for at least four years from date of issue in your nominating state or territory
have had no involvement in unacceptable activities.
Income that you earn from your designated investment in Australia is subject to tax under Australian taxation law.

THE SIGNIFICANT INVESTOR STREAM – For migrant investors who make an investment of at least AUD5,000,000 into complying investments in Australia.

You must make a complying investment of at least AUD5 million in any of the following options, in any proportion, and hold that investment continuously for at least four years:

Commonwealth, state or territory government bonds
Eligible managed funds – that are limited to investing in any or all of the following Australian assets:
infrastructure projects in Australia
cash held by Australian deposit-taking institutions
bonds issued by the Australian Government or a State or Territory government
bonds, equity, hybrids or other corporate debt in Australian companies and trusts listed on any Australian stock exchange
bonds or term deposits issued by Australian financial institutions
real property in Australia
Australian agribusiness
annuities issued by an Australian registered life company
loans secured by mortgages over the investments listed above
derivatives used for portfolio management and non-speculative purposes (which constitute no more than 20 per cent of the total value of the managed fund)
other managed funds that invest in the investments listed above
direct investment into private Australian companies – in which you have an ownership interest. The company must operate a qualifying business.
Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.
You must also have a genuine and realistic commitment to:

reside in the state or territory whose government agency nominated you
continue your business and investment activity in Australia after your complying investment matures
live in Australia for at least 160 days over four years while holding your provisional visa.
You, your partner, or you and your partner combined must have net assets of at least AUD5 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

You and your partner must not have been involved in unacceptable business or investment activities.

You, your partner and other family members aged at least 18 must agree not to bring any action against the Commonwealth for any loss relating to your complying investment.

After demonstrating a certain level of business or investment activity the entrant may then be eligible to apply for the permanent Business Innovation and Investment (subclass 888) visa.

Provisional visa holders in the Business Innovation and the Significant Investor streams may be eligible to apply for an extension to their provisional visa.

DIRECT PERMANENT RESIDENCE BUSINESS VISA

Affluent business migrants who can show a high level of business attributes can gain direct permanent residence with the Business Talent (subclass 132) visa. There are 2 streams for entry under this category:

• THE SIGNIFICANT BUSINESS HISTORY STREAM For affluent business people who are owners or part owners of a business and have a genuine and realistic commitment to participate in the management of a new or existing business in Australia.

You, your partner, or you and your partner combined must have all of the following:

total net assets of at least AUD400 000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years immediately before you are invited to apply and if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital
net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted
a total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply
ownership of at least:
51 per cent of a business with turnover of less than AUD400 000 per year
30 per cent of a business with turnover of more than AUD400 000 per year, or
10 per cent of a publicly listed company
an overall successful business career
no involvement in unacceptable business activities
a genuine desire to own and maintain a management role in a business in Australia.
You must also be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.

• THE VENTURE CAPITAL ENTREPRENEUR STREAM – For migrant entrepreneurs who have sourced venture capital funding in Australia.

You must have received at least AUD1 million in funding from an Australian venture capital firm.
The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.

The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). AVCAL has information about the venture capital category of membership in its Venture Capital entrepreneur visa factsheet.

You must have entered into a formal agreement with the venture capital firm for the funding.


Putt Legal is a small reputable law firm based in Perth Western Australia. We appreciate the importance of developing a mutual relationship of trust between the client and the adviser. Our discreet lawyers can meet you to discuss these matters in Afghanistan, or at a mutually convenient location in the Middle East.
Please contact us to discuss further



Email: n_paiman@yahoo.com
Call Naqib (Dari/Pashtu) on 0061 (0) 452214055


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