BUSINESS VISA         

  Registered Migration Agent Number: 0321177.Member of The Migration Institute of Australia: 1923. ABN :13 349 975 147

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Temporary Work (Short Stay Activity) (400)

Effective from 23rd March 2013

The Temporary Work (Short Stay Activity) visa (subclass 400) is a temporary visa that lets you enter Australia to:

• do short-term, highly specialised, non-ongoing work
• participate in an event or events on a non-ongoing basis at the invitation of an Australian organisation.
• You can usually stay in Australia for up to six weeks.

You must be outside Australia when you apply for this visa and when the visa is decided.

This visa lets you:

• Stay in Australia while your visa is valid (usually six weeks or less, but it can be up to three months in some cases)
  
• Bring your family with you to Australia if you included them in your visa application
  
• Do the work or activity for which you were granted the visa, which will usually be either:
  
• • short-term, highly specialised, non-ongoing work
    participation in non-ongoing cultural or social activities at the invitation of an Australian organisation.

You can apply for this visa if you want to enter Australia to:

do short-term, highly specialised, non-ongoing work
participate in a cultural or social event at the invitation of an organisation in Australia.

To apply, you must be able to show that:

the work you want to do or your participation in the event is short term and non-ongoing (usually less than six weeks)
you need to be in Australia to do the work or participate in the activity
you have personal attributes or an employment background relevant to the work or activity
you have enough money to support yourself and your accompanying family members while you are in Australia
you have the support of the organisation for which you will be working or which invited you to Australia
you will not study a course in Australia that leads to a formal qualification
you meet health and character requirements

Limitations on your work or other activity

Your work or activity must be non-ongoing. This means that you can finish it in three months or less. Do not make arrangements to stay in Australia any longer than that. You also should not agree to being rotated through a position on a short-term basis as one of a number of overseas workers. Instead, apply for a Temporary Work (Skilled) visa (subclass 457) if the work is ongoing, even if your contract is for less than three months.

You usually cannot work in the entertainment industry on this visa. The section 'Working in the entertainment industry' has more information.

Your work or activity cannot have an adverse impact on the employment, training opportunities or conditions of employment in Australia.

Financial requirements

While you are in Australia, you must be able to support yourself and your family members who come with you to Australia. You may be asked to provide evidence of funds, such as employment contract, bank statements or a letter from your financial institution stating your financial position. Allowances, accommodation and other assistance from your employer can also be considered when looking at your ability to support yourself.

Course of study

You cannot study for any course that either:

leads to finishing a primary or secondary education program
leads to a degree, diploma, trade certificate or other formal award
could be credited towards or accepted as a prerequisite for a course of studies at a higher educational institution in or outside Australia. The only exception is a language training program
You can apply for the Training and Research visa (subclass 402) if you want to do workplace-based training.

Working in the entertainment industry

You should not apply for this visa to:

perform as an entertainer in Australia or support an entertainer or group of entertainers performing in Australia
direct, produce or take any other part in a production that will be shown, broadcast or performed in Australia (including theatre, film, television, radio, concert or recording).
You can apply for the Temporary Work (Entertainment) visa (subclass 420) visa if you want to come to Australia to do these activities.

You can apply for this visa to:

direct, produce or have any other role in a production that will not be shown in Australia (you will need to provide a distribution contract or other evidence to support this)
come to Australia for a promotional activity, for example:
an actor visiting Australia for a red carpet premiere
a rock band in Australia for a promotional tour but no performances .
Health requirements
You must meet certain health requirements. You may be asked to undergo a health examination, depending on your circumstances, your intended period of stay and your country of origin or residence. The results of your health examination are valid for 12 months. Do not arrange for a health examination unless the department asks you to.

This applies to you and any dependent family members listed in the application.

Health insurance

You are responsible for all your health costs while you are in Australia. You will not be covered by Australia's national health scheme unless your country has a Reciprocal Health Care Agreement with Australia.

It is recommended that you take out health insurance each time you travel to Australia.

Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until the department asks you to.

This also applies to all dependent family members in your application who are older than 16 years of age.

Debts to the Australian Government

To enter Australia you must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government.

Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Invited participants

You can apply for this visa if you have been invited by an organisation to participate in a cultural or social event or events on a non-ongoing basis.

The inviting organisation must be both:

operating lawfully in Australia
directly responsible for the event or have a formal role in preparing for or conducting it.
You cannot accept any salary, wages or other remuneration for participating in the event, other than:

prize money
appearance fees
reimbursement for your reasonable expenses of doing the activity
payments from your non-Australian employer.
You can apply for this visa if you are, for example, a sportsperson participating in specific events or touring as part of a sports team, a public lecturer, an artist, an author or a photographer.

This visa is not intended for business people attending a conference or taking part in meetings or business negotiations. You can apply for a visitor visa instead.

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Business Innovation and Investment Visa (Provisional) (Subclass 188)

About This Visa 188

Business Innovation Stream Requirements

Investor Stream Requirements

Significant Investor Stream Requirements

Proof of Functional English

Innovation Point Test

Other Information

About this visa

This visa allows you to:

• Establish a new or develop an existing business in Australia (the Business Innovation stream)

• Make a designated investment with an Australian state or territory government (the Investor stream)

• Invest at least AUD5 million in Australia (the Significant Investor stream). Who can apply? You can apply for this visa if you: • Are invited to apply • Have a successful business or investment history

• Have adequate personal and business assets

•Were nominated by a state or territory government.

Costs

Immigration visa application Fee AUD4065 New application.

Immigration visa application Fee AUD500 Extension.

2nd Installment is due if:

Primary applicant has less than functional English AUD$8520

Any Dependents (included in the application) 18 years or over, with less than functional English AUD$4250

The visa has three streams:

• The Business Innovation stream is for people who want to own and manage a new or existing business in Australia.

• The Investor stream is for people who want to make a designated investment in an Australian state or territory and want to maintain business and investment activity in Australia after the original investment has matured.

• The Significant Investor stream is for people who are willing to invest at least AUD5 million into complying investments in Australia and want to maintain business and investment activity in Australia after the original investment has matured.

To be granted a Business Innovation and Investment (Provisional) visa (subclass 188) you and all your family members must meet health and character requirements.

• Health requirements You and all members of your family unit must meet certain health requirements.
• Character requirements You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. This applies to you and all the dependent family members listed in your application, whether they are migrating or not.

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Business Innovation Stream Requirements

• 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 relevant region

• Score at least 65 points on the Innovation Points test

• Have a total annual turnover of at least AUD500 000 (in one or more of your main businesses) in at least two of the four fiscal years immediately before you are invited to apply

• Own at least one of the following percentages of that main business (or two main businesses):

51 per cent of a business with a turnover of less than AUD400 000 per annum

30 per cent of a business with a turnover of more than AUD400 000 per annum

10 per cent of a publicly-listed company

• Have managed a business, in which you spent less than half your time on professional (such as a doctor or lawyer), technical or trade services

• Have a genuine desire to own and maintain a management role in a business in Australia. You (or your partner, or you and your partner combined) must also:

• Have total assets of at least AUD800 000 that have been legally acquired and able to be legally transferred to Australia within two years of the visa being granted

• Have an overall successful business career with no involvement in unacceptable business activities.

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Investor Stream Requirements

• Be younger than 55 years of age, although a state or territory can waive this requirement if your proposed business or investment activity will be of exceptional economic benefit to the relevant region.

• Score at least 65 points on the Innovation Points test

• Have a high level of management skill in relation to eligible investments or qualifying business activity

• Have at least three years' experience of direct involvement in managing one or more qualifying businesses or eligible investments

• Have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured.

You (or your partner, or you and your partner combined) must also:

• Have total assets of at least AUD2.25 million for the two fiscal years immediately before you are invited to apply. These assets must have been legally acquired and able to be legally transferred to Australia within two years of the visa being granted

• Have an overall successful record of eligible investment or qualifying business activity with no involvement in unacceptable activities

• Be prepared to make your government-approved designated investment of AUD1.5 million using funds you have accumulated from your direct involvement, for at least one of the five fiscal years before you are invited to apply, in one of the following activities:

Managing your eligible investments that total at least AUD1.5 million Or

Managing a qualifying business in which you owned at least 10 per cent of the total value of the business.

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Significant Investor Stream Requirements

If you apply for the Significant Investor stream, you must be prepared to invest at least AUD5 million in at least one of the following 'complying investments':

• Commonwealth, state or territory government bonds

• Australian Securities and Investment Commission (ASIC) regulated managed funds that are open to the general public and have a mandate for investing in one of the following Australian assets:

? Infrastructure projects in Australia

? Cash held by Australian deposit taking institutions;

? Bonds issued by the Commonwealth 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 estate in Australia;

? Australian Agribusiness; and

? Other ASIC regulated managed funds that invest in the above list of investments.

• Direct investment into private Australian companies not listed on any Australian stock exchange. You must obtain an ownership interest in the company. The company must:

? Genuinely operate a qualifying business in Australia

? Be registered with ASIC

? Have an Australian Business Number (ABN).

You must also:

• Have a genuine and realistic commitment to continue your business and investment activity in Australia after the complying investment has been held continuously for the life of your provisional visa

• Have a genuine and realistic commitment to reside in the state or territory that provided nomination for your application.

In addition, you (or your partner, or you and your partner combined) must:

• Have assets of at least AUD5 million that have been legally acquired, are unencumbered, and are available to be used to make the 'complying investment' in Australia

• Not have a history of involvement in unacceptable business or investment activities

• Agree not to take legal action against the Commonwealth for any loss of capital arising from your complying investment.

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Proof of functional English

Proof that confirms a person's ability to communicate in English includes:

• An International English Language Testing System (IELTS) average score of at least 4.5 for the four test components (speaking, reading, listening and writing)

• An Occupational English Test score which is at least equivalent to an IELTS 4.5, and the test was relevant to the nominated occupation

• The applicant's first language is English and they have a current passport from the United Kingdom, United States, Canada, New Zealand or the Republic of Ireland

• A positive assessment by an Adult Migrant English Program service provider in Australia as having functional English

• Evidence of a trade, diploma or higher qualification awarded by an institution in or outside Australia which involved at least two years of full-time study and all instruction was in English

• Evidence of completion of at least one year of full-time or equivalent study in Australia for a diploma or higher qualification and all instruction was in English.

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Other Information

How long your visa lasts

Your visa will be valid for four years from the date it is granted. Extending your visa You may be eligible to extend your Business Innovation and Investment (subclass 188) provisional visa:

• Business Innovation stream - you can renew your visa for an additional two years if you need extra time to meet the criteria needed to apply for a Business Innovation and Investment (Permanent) visa (subclass 888)

• Investor stream - you cannot renew your visa

• Significant Investor stream - you can renew your visa twice, to give you a maximum of eight years on this provisional visa.

Your obligations

You and your family must comply with all visa conditions and Australian laws. Failure to do so may result in your visa being cancelled or future visas being refused. If you are outside Australia when the visa is granted, the department will specify the date by which you must enter Australia. Any dependants included on your application may not be able to marry before they enter Australia.

Business Innovation stream If you are in this stream, after entering Australia, you must provide valuable input to the Australian economy.

You must:

• Obtain and maintain substantial ownership in a business in Australia

• Participate, at a senior level, in the day-to-day management of that business. In the business, you must also do at least one of the following:

• Develop business links with international markets

• Create or maintain employment in Australia

• Export Australian goods

• Produce goods or services that would otherwise be imported

• Introduce new or improved technology

• Add to commercial activity and competitiveness within sectors of the Australian economy.

The department may ask you to complete a monitoring survey about your business activities in Australia.

Investor stream If you are in this stream, after entering Australia, you must maintain your designated investment for at least four years.

Significant Investor stream If you are in this stream, after entering Australia, you must hold the complying investments continuously for the life of your visa. You can hold the complying investments continuously in any proportion across the investment options. You may switch between complying investments provided:

• Any funds you withdraw from your complying investments are reinvested into other complying investments within 30 days of withdrawing them

• The sum withdrawn corresponds with the sum reinvested (irrespective of any gains and losses due to exposure to the investment market). Funds reinvested into a complying investment within 30 days are taken to have been held continuously from the original investment date.

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Innovation points test

• For the Business Innovation stream

• For the Investor stream.

If you are in the Significant Investor stream, the innovation points test does not apply to you.

This component of the points test gives points for the following attributes.

You may be awarded points for more than one item under the innovation category of the points test, but points are awarded only once in relation to each item.

Registered patents or registered designs (15 points)

• A registered patent is a set of exclusive rights granted by a national government to an inventor or their assignee in relation to an invention, which may be a product or a process, for a certain limited period, in exchange for public disclosure of the invention.

• A registered design is concerned with the appearance of products if they are new and distinctive. For example, the features of shape or configuration, which have been incorporated in the product, or the features of pattern or ornamentation applied to a product.

• You may be awarded points if you have had one or more patents or designs, which were registered at least one year before time of invitation. The patent or design must have been used in the day-to-day activities of your main business.

Registered trademarks (10 points)

• A trademark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, used to distinguish goods and services of one business from those of another.

• You may be awarded points if you have one or more registered trademarks, which were registered at least one year before the applicant was invited to apply for a visa. The trademark must have been used in the day-to-day activities of your main business.

Joint venture agreements (5 points)

• A joint venture is a commercial undertaking that has been entered into by two or more parties for the purpose of a particular activity.

• You may be awarded points if one of your main businesses in which you held an ownership interest and participated at a senior level in the day-to-day management of the business, has operated in a formal joint venture agreement for at least one year before you were invited to apply for a visa.

Export trade (15 points)

• You may be awarded points if you have had an ownership interest in one or more main businesses that has derived not less than 50 per cent of their annual turnover from export trade for at least two of the four fiscal years immediately before you were invited to apply for a visa.

Gazelle businesses (10 points)

• Gazelle businesses are newly established businesses experiencing rapid growth during a short period of time.

• You may be awarded points if your main business has been registered for no more than five years at the time of visa invitation, and the average annualized growth in turnover has been greater than 20 per cent each year for three continuous fiscal years. The business must also have ten or more full time employees for at least one fiscal year in the same consecutive three-year period claimed for growth in turnover.

Receipt of grants or venture capital funding for an innovative business idea (10 points)

• A government grant is monetary assistance that was provided by a government or a government agency, whether local or national, of the applicant's home country, upon specified conditions.

• You may be awarded points if you have received a grant of at least AUD10 000 from a government body in your home country within four years immediately before you were invited to apply for a visa. The grant must have been awarded for the purposes of early-phase start-up of a business, product commercialization, and business development or business expansion.

Points may also be awarded if you have received venture capital funding of at least AUD100 000 within four years immediately before the time of invitation. The grant must have been awarded for the purposes of early-phase start-up of a business, product commercialization, and business development or business expansion.

Special endorsement

In a limited number of cases, a nominating state or territory government may determine that the business proposed by an applicant is of unique and important benefit to the state or territory. In these circumstances, an applicant can be awarded ten points.

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PROVISIONAL TO PERMANENT VISA

Business Innovation and Investment (Permanent) (Subclass 888) Visa

Business Talent Visa 132

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Business Innovation and Investment (Permanent) (Subclass 888) Visa

Business Innovation and Investment Requirements Permanent

Investor Stream Requirements Permanent

Significant Investor Requirements Permanent

About this visa

The Business Innovation and Investment (Permanent) visa (subclass 888) is the second stage of the Business Innovation and Investment visa (subclass 188). You can apply for it after you have fulfilled the requirements of your provisional visa.

This visa allows you to:

• Continue to own and manage a business in Australia (the Business Innovation stream)

• Continue business and investment activity in Australia (the Investor stream and the Significant Investor stream).

Who can apply? You can apply for a this visa if you:

• Are the primary holder of a provisional Business Innovation and Investment visa (subclass 188)

• Have met all the requirements of your provisional Business Innovation and Investment visa in the stream in which you first applied • Have not been involved in any unacceptable business or investment activities

• Have a satisfactory record of complying with Australia laws

• Have been nominated by an Australian state or territory

• Have a genuine commitment to continue to maintain business or investment activities in Australia

Costs

The immigration charge for this visa application AUD1960

2nd Installment is required if:

Any dependents (Included in the application) 18 years or over with less than functional English AUD$4250

Health requirements

As part of applying for your provisional Business Innovation and Investment visa (subclass 188), you and all members of your family unit must have met certain health requirements. Do not arrange a health examination unless the department asks you to do so.

Character requirements

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months since you applied for your provisional Business Innovation and Investment visa. Do not arrange for other police certificates until the department asks you to.

This applies to you and all the dependent family members listed in your application, whether or not they are migrating with you.

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Business Innovation Stream Permanent- Further Requirements.

If you are in the Business Innovation stream, you must have been in Australia and held your provisional visa for at least one year in the two years immediately before you apply.

In addition, you must be able to show ongoing business involvement, meet certain financial requirements, and have a history of employing Australian workers.

Ongoing business involvement

You must be able to show that you:

• Have had and continue to have a direct and continuous management role in a main business (or two main businesses) in Australia for at least two years immediately before you apply

• Have had a turnover, in that main business (or two main businesses), of at least AUD300 000 in the year immediately before you apply

• Own at least one of the following percentages of that main business (or two main businesses):

51 per cent of a business with a turnover of less than AUD400 000 per annum

30 per cent of a business with a turnover of more than AUD400 000 per annum

10 per cent of a publicly-listed company

• Have obtained Australian Business Numbers for each of the relevant businesses

• Have submitted all relevant Business Activity Statements to the Australian Taxation Office

• Have not acquired the ownership in your main business (or two main businesses) from a person who was an applicant for, or a holder of, a permanent Business Innovation and Investment visa (subclass 888) or a permanent business skills visa (in subclasses 890,891,892 or 893), unless you and that person had a joint interest in the main business for at least one year before you lodge your application for this visa.

A required net value of assets and history of employment You (or your partner, or you and your partner combined) must also meet two of the following criteria:

• The net value of your assets in the main business (or two main businesses) in Australia is at least AUD200 000 throughout the year immediately before you apply

• The net value of your personal and business assets in Australia has been at least AUD600 000 throughout the year immediately before you apply

• The main business (or two main businesses) must have employed, throughout the year immediately before you apply, at least the equivalent of two full-time employees who are:

Australian citizens, Australian permanent residents, or New Zealand passport holders who are not your family members.

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Investor Stream Permanent- Further Requirements.

If you are applying for this visa in the Investor stream, you must have been in Australia and held your provisional visa for at least two of the four years immediately before you apply.

In addition, you (or your partner, or you and your partner combined) must have:

• Held a designated investment with an Australian state or territory for at least four years

• Have a satisfactory record of complying with Australian laws, including those relating to taxation, superannuation, workplace relations and other laws relevant to your business

• Not been involved in unacceptable business or investment activities

• Have a strong commitment to continue your business and investment activity in Australia.

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Significant Investor Stream Permanent- Further requirements

If you are applying for this visa in the Significant Investor stream, you must have been in Australia for a certain amount of time, as follows:

• Significant Investor stream - 160 days in the past four years

• Significant Investor Extension stream - 240 days in the past six years

• Two provisional visas in the Significant Investor Extension stream - 320 days in the past eight years.

You can satisfy this residence requirement at any time while holding a Business Innovation and Investment (Provisional) visa (subclass 188).

In addition, you (or your partner, or you and your partner combined) must have:

• Held complying investments as defined in your Business Innovation and Investment (Provisional) visa (subclass 188). You must have held those investments continuously in any proportion across the investment options for the life of your provisional visa

• Have a satisfactory record of complying with Australian laws, including those relating to taxation, superannuation, workplace relations and other laws relevant to your business

• Not been involved in unacceptable business or investment activities • Have a strong commitment to continue your business and investment activity in Australia.

What this visa lets you do After the visa is granted, you may:

• Own and manage a business in Australia, or continue investment activity in Australia

• Travel in and out of Australia for five years

• Have family members accompany you to Australia

• Live and work in Australia permanently

• Enroll in Medicare Australia's scheme for health-related care and expenses You could qualify for a Special Benefit from Centrelink if you suffer a major change of circumstances that is beyond your control.

Your obligations

You and your family must comply with all Australian laws.

If you are outside Australia when you apply for this visa:

• You must enter Australia by a specified date (the department will tell you when this is)

• Any dependent family members included in your application might not be able to marry before they enter Australia.

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Business Talent (Migrant) (Subclass 132)

Significant Business History Stream

Venture Capital Entrepreneur Stream

When your Expression of Interest is in SkillSelect, it can be viewed and a state or territory can decide whether to nominate you to apply for a visa. States and territories have their own criteria for deciding whom they nominate. In most cases, and before you are nominated, the relevant state or territory may contact you to discuss business possibilities. You may also contact your preferred state or territory you have indicated in the Expression of Interest. You can only lodge a visa application after having received a nominated by a state or territory and an invitation from the Australian Government.

Cost

Immigration fee for this visa application is AUD$5940

2nd Installment payment is required if:

Primary applicant has less than functional English: AUD$8520

Any dependants (included in application) 18 years or over, with less than functional English: AUD$4250

Significant Business History stream

If you apply for the Significant Business History stream, you (or your partner, or you and your partner combined) must have all of the following:

• You must be less 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 relevant region

• Net assets of at least AUD400 000 (in a qualifying business) in at least two of the four fiscal years immediately before you are invited to apply

• Total assets of at least AUD1.5 million that can be legally transferred to Australia within two years of the visa being 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 annum, or

• 30 per cent of a business with turnover of more than AUD400 000 per annum, or

• 10 per cent of a publicly-listed company

• An overall successful business career with no involvement in unacceptable business activities

• A genuine desire to own and maintain a management role in a business in Australia.

Venture Capital Entrepreneur stream

If you apply for the Venture Capital Entrepreneur stream, you must have obtained at least AUD1 million in funding from an Australian Venture capital firm for the start-up, product commercialisation or business development relating to a promising high value business idea.

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