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The Subclass 188 Visa for Business Owners, Investors, And Entrepreneurs: An Overview

  • Writer: Immigration Law Insights
    Immigration Law Insights
  • Feb 14, 2024
  • 2 min read

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Australia, with its vibrant culture, stunning landscapes, and robust economy, is a sought-after destination for migrants worldwide, including business owners, investors, and entrepreneurs.

If you are a business owner, investor, or entrepreneur looking to make Australia your new home, understanding the Business Innovation and Investment (Provisional) visa - subclass 188 is essential.


This visa opens doors for business owners, investors, and entrepreneurs to explore opportunities Down Under.


The Subclass 188 Visa: Overview


The subclass 188 visa is a provisional visa that allows you to:


  • Own and Manage a Business

If you have a successful business track record, this visa enables you to establish, manage, or expand a business in Australia.


  • Conduct Business and Investment Activity

Entrepreneurs and investors can engage in business activities, invest in Australian ventures, and contribute to the local economy.


  • Undertake Entrepreneurial Activities

If you have innovative ideas and want to launch a startup, this visa stream supports entrepreneurial endeavours.



The Application Process


1. Expression of Interest (EOI)

Firstly, calculate your points based on the points table for the sub-class 188 visa. Then submit an EOI through SkillSelect, an online immigration system. SkillSelect estimates your point score and assesses your eligibility.


2. State or Territory Nomination

To proceed, you need a nomination from an Australian state or territory government. Each state has specific criteria and priorities for nominating applicants. Migration lawyers can assist you in preparing your nomination.


3. Visa Application

Once nominated, you will need to submit your visa application and provide necessary documents, including proof of business experience, financial capacity, and health insurance.


4. Processing Time

Processing times vary based on the visa stream:

  • Business Innovation Stream: Up to 18-20 months.

  • Investor Stream: Up to 19-23 months.



Benefits of the Subclass 188 Visa


Access to Australia’s Thriving Economy

You have access to explore business opportunities in Australia, tap into local markets, and contribute to economic growth.


Pathway to Permanent Residency

After holding the subclass 188 visa, you can apply for permanent residency (subclass 888) if you meet specific requirements.


Business Expansion and Innovation

Use this visa to expand your existing business or launch innovative ventures in Australia.



Considerations


For this visa subclass, the visa application fees, legal fees, and other associated costs can be hefty. Be prepared and set aside sufficient funds for the application process. Your migration lawyer can advise accordingly.


Furthermore, the process to obtain the visa can take time, so plan your business and personal affairs accordingly.


The subclass 188 visa is a complex visa with many moving parts and subjective assessments. To enhance your likelihood of, it'd be prudent to consult experienced migration lawyers based in Australia who are abreast with the latest changes in immigration law.


At MLH Lawyers, our migration legal team has encountered cases where clients approached us during the advanced stages of the subclass 188 visa application process, only to discover significant errors and missteps. Rectifying these mistakes proved both costly and arduous.



Key Takeouts


If you are a business owner, investor, or entrepreneur, the subclass 188 visa is your gateway to secure residency in Australia and access the country’s dynamic business opportunities. Remember, each scenario is unique, and personalised assistance ensures a smoother transition to your new life in Australia.


To discuss your scenario, contact us.



 
 
 

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