July 24, 2024
WORKING AND SKILL VISA IN AUSTRALIA
The Australian work visa grants legal authorization to work in the country. It categorizes into two main types: temporary and permanent visas, chosen based on individual needs and employment circumstances. There are two types of Australian work visas, temporary and permanent work visas and the type of visa you apply for will depend on your requirements and employment type.
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1. BUSINESS INNOVATION AND INVESTMENT (PERMANENT) VISA (SUBCLASS 188)
This state-nominated permanent residence visa is for business owners, investors, and entrepreneurs. It is the final step in a two-step pathway to permanent residency.
This visa offers applicants the choice of four streams:
A. Business Innovation Stream
- Hold a provisional subclass 188 Business Innovation stream visa nominated by South Australia or have a release from the original nominating State or Territory Government.
- Meet the Department of Home Affairs subclass 888 Business Innovation stream visa criteria.
- Reside and operate one’s primary business in South Australia for at least two years prior to your subclass 888 nomination application.
- Demonstrate that one’s business activity has met a ‘benefit to state’ requirement based on your investment, age, and business location.
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B. Investor Stream
- Hold a provisional subclass 188 investor stream visa nominated by South Australia or have a release from the original nominating State or Territory Government.
- Meet the Department of Home Affairs subclass 888 investor stream visa criteria.
- Reside in South Australia for a minimum of two years.
- Provide evidence of investing at least AUD $2.5 million in a complying investment fund during the provisional visa period (AUD $3.75 million for applicants over 55 years old). The investment must have materially benefited South Australia.
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C. Significant Investor Stream
- Hold a provisional subclass 188 Significant Investor stream visa nominated by South Australia or have a release from the original nominating State or Territory Government.
- Meet the Department of Home Affairs subclass 888 Significant Investor stream criteria.
- Provide evidence of investing at least AUD $5 million in a complying investment fund during the provisional visa period. The investment must have materially benefited South Australia.
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D. Entrepreneur Stream
- Engage with the local entrepreneurial and innovation community in South Australia.
- Participate in the schedule planned by the service provider.
- Maintain one’s primary residence in South Australia and contribute to the local economy and community throughout the provisional Subclass 188 Entrepreneur visa period.
- Provide any other requested details about one’s entrepreneurial activity in South Australia. Furthermore, there are some Special and Additional requirements applicable on this visa.
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2. BUSINESS INNOVATION AND INVESTMENT (PERMANENT) VISA (SUBCLASS 888)
- This is the permanent stage of the Subclass 188 visa.
- An individual must meet the requirements of your provisional visa in the Business Innovation and Investment category to qualify.
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3. BUSINESS TALENT (PERMANENT) VISA (SUBCLASS 132)
- must be under 55 years of age and must demonstrate your overall successful business career in one or more fields and show how you will use your entrepreneurial skills to develop and grow a business.
- must provide a business proposal that demonstrates your realistic commitment to establish or participate in an existing business that will be of significant benefit to the economy.
- must be integrally involved in the senior level day-to-day running and overall strategic management of your business.
- An individual himself or he and his partner’s business and personal assets must be at least: $3 million if they wish to live and operate their business in Sydney, or $2 million if they wish to live and operate their business in Regional NSW. Their funds must be available to transfer to NSW within 2 years after your visa is granted.
- If one’s proposed business will be in Sydney, then business plan must demonstrate: business investment of at least A$1.5 million in the proposed business; and that business will create at least five new full-time equivalent jobs in NSW.
- If one’s proposed business will be in Regional NSW, the business plan must demonstrate: business investment of at least A$1 million in the proposed business; and that business will create at least three new full-time equivalent jobs in NSW.
- Employees must be Australian citizens, Australian permanent residents or New Zealand passport holders. Members of one’s family unit do not count toward this requirement.
- The business investment must be in property, plant & equipment, inventory, intellectual property and / or purchased goodwill. This definition applies to businesses that will be in Sydney and Regional NSW.
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4. TEMPORARY SKILL SHORTAGE (TSS) VISA (SUBCLASS 482)
- For business owners who need to employ overseas skilled workers to address short term skill gaps in their business. There are three streams applicable:
- The Short-Term Stream offers visas for up to two years, renewable onshore for another two years, for occupations on the Short-Term Skilled Occupations List (STSOL). Applicants must meet Genuine Temporary Entrant (GTE) requirements.
- The Medium & Long-Term Stream and Regional Stream provide visas for up to four years for occupations on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). These streams offer eligibility for permanent residency after three years, subject to age, English, health, and character requirements.
- The Labour Agreement Stream is for specific agreements in limited or exceptional circumstances where standard skilled visa programs are unavailable.
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5. EMPLOYER NOMINATION SCHEME (ENS) VISA (SUBCLASS 186)
- Allows skilled workers, who are nominated by their employer, to live and work in Australia permanently.
General Requirements for Business Visas:
1.State or Territory Nomination: Many business visas requires one to be nominated by an Australian state or territory government.
2. Investment and Assets: Depending on the visa stream, one may need to demonstrate a certain level of investment or net business and personal assets.
- Business Experience: Proven track record in business or entrepreneurship is often required.
- English Proficiency: Certain levels of English proficiency might be required depending on the visa type.
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HOW WE CAN HELP?
- We can provide expert advice on visa options based on the circumstances and goals.
- Our experts can prepare and submit visa applications while assisting in gathering and organizing required documents, ensuring compliance with visa requirements.
- Our team can represent the client in dealings with immigration authorities, including interviews and hearings.
- We can help with appeals and administrative reviews if a visa application is denied.
For more information or queries, please email us at
[email protected]
Key Contact
Surendra Singh Chandrawat
Managing Partner
