Significant Investor Stream (Subclass 188C & 888C)

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

Significant Investor Stream

Subclass 188 Business Innovation and Investment (Provisional) visa in the Significant Investor stream is a provisional visa which leads to permanent residency after residency requirements and other requirements stipulated in Subclass 888 Business Innovation and Investment (Permanent) visa in the Significant Investor stream are met.

This stream is for applicants who are willing to invest at least AUD 5 million into complying investments in Australia and want to maintain investment activity in Australia.

Stay Period

4 years and 3 months from the visa grant date.

Apply from...

All applicants may be in or outside Australia, but not in immigration clearance to apply for this visa and to be granted this visa.

Each applicant in Australia when applying for this visa must hold:
  • a substantive visa; or
  • a Subclass 010 Bridging A visa; or
  • a Subclass 020 Bridging B visa; or
  • a Subclass 030 Bridging C visa

with no condition(s) attached to the visa that prevent the applicant from applying this visa in Australia.

Document Checklist

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To make a valid application for Subclass 188C visa and/or be granted this visa, the following sets of criteria must be met:
Be able to invest at least AUD 5 million
Before this visa can be granted, the primary applicant must, on or after the time of application for the visa, make a complying significant investment of at least AUD 5 million that must include:
  • a total of at least AUD 500,000 in one or more venture capital funds; and
  • a total of at least AUD 1,500,000 in one or more managed investment funds which invest in emerging companies;
  • a balancing investment of up to AUD 3,000,000 through one or more managed investment funds that may invest in various asset classes such as ASX-listed securities, Australian corporate bonds or notes, annuities, cash held by Australian ADIs (including certificates of deposit, bank bills and other cash‑like instruments), Australian real property (restrictions apply) and derivatives (restrictions apply).

All funds used to make the investment must be unencumbered (not form the basis for security or collateral for a loan) and lawfully acquired.

Migration (IMMI 15/100: Complying Investments) Instrument 2015 details comprehensive requirements for complying significant investment.
State or Austrade Nomination & Skillselect Invitation
The main applicant must be nominated by an Australian State, Territory Government Agency or the CEO of Austrade and subsequently being invited to apply for this visa by the Australian Department of Home Affairs.

Please be aware that each Australian State, Territory Government Agency or Austrade has different sets of criteria to be met for nomination to be approved.
Have Functional English
All applicants aged 18 years old and above (at the time of application) must either have at least functional English or will be asked to pay for the second instalment of the visa application charge prior to visa grant.
Genuine Intention to Maintain Complying Investment for 4 Years
The primary applicant genuinely has an intention to hold the complying significant investment for at least 4 years.
Genuine Intention to Live in Nominating State or Territory
If the applicant was nominated by a State or Territory Government Agency, either the primary applicant, the primary’s spouse or de facto partner, or both together, has a genuine intention to reside in the State or Territory whose government agency nominated the primary applicant.
Not Have a History of Involvement in Unacceptable Activities
The primary applicant, and the primary applicant’s spouse/de facto partner, must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
The following persons can apply for this Subclass 188C visa:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page (hereinafter referred to as "the Primary Applicant");
  • the member of family unit of the Primary Applicant, e.g.: spouse/de facto partner and children who are still dependent on the Primary Applicant or the spouse/de facto partner of Primary Applicant
Each applicant in Australia when applying for this visa must hold:
  • a substantive visa; or
  • a Subclass 010 Bridging A visa; or
  • a Subclass 020 Bridging B visa; or
  • a Subclass 030 Bridging C visa

with no condition(s) attached to the visa that prevent the applicant from applying this visa in Australia.
The following condition(s) might be attached to this visa:

Condition 8515 - Must not marry or enter into a de facto relationship before entering Australia

If this visa is granted when the secondary applicant is outside Australia, the holder of this visa must not marry or enter into a de facto relationship before entering Australia.

This condition usually applies to secondary applicant(s) who are not married or in a de facto relationship and are still dependent on the primary visa applicant prior to visa grant. For example, child of primary visa applicant who is also a secondary applicant for this visa must not married or enter into a de facto relationship prior to entering Australia for the first time.

Breaching this visa condition will render the said visa with the condition 8515 subject to cancellation.

Condition 8557 - Maintain your investment

The primary visa holder must hold the complying significant investment throughout the validity of the visa.

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

Significant Investor Stream

Subclass 888 Business Innovation and Investment (Permanent) visa in the Significant Investor stream is a permanent visa which allows primary applicants holding Subclass 188 Business Innovation and Investment (Provisional) visa in the Significant Investor stream to continue their investment activities and to live in Australia permanently.

Stay Period

Indefinitely with 5-year travel facility after which you may need to apply for Subclass 155 or 157 Resident Return visa to extend your travel facility.

Apply from...

All applicants may be in or outside Australia, but not in immigration clearance to apply for this visa and to be granted this visa.

Applicants applying in Australia mustn't hold visa with condition(s) that prevent them to apply for this visa onshore in Australia.
To make a valid application for Subclass 888C visa and/or be granted this visa, the following sets of criteria must be met:
Residence Requirement
Residence requirement can be satisfied by either the primary visa holder of the Subclass 188C visa or the spouse or de facto partner of that person who also holds Subclass 188C visa.

The total number of days any one of the Subclass 188C visa holder below need to be in Australia:

The primary visa holder of the Subclass 188C visa
  • The total of (a) and (b):
    1. 40 multiplied by the number of complete years in the period in which the primary applicant has held a Subclass 188C visa;
    2. and, if applicable,
    3. 40 multiplied by the number of years (if any) (treating a part of a year as 1 year) in the period in which the primary applicant has held a Subclass 188C Extension visa.
The spouse or de facto partner of the primary visa holder of the Subclass 188C visa who also holds a Subclass 188C visa
  • The total of (a) and (b):
    1. 180 multiplied by the number of complete years in the period in which the spouse or de facto partner held a Subclass 188C visa;
    2. and, if applicable,
    3. 180 multiplied by the number of years (if any) (treating a part of a year as 1 year) in which the spouse or de facto partner held a Subclass 188C Extension visa.
It is not necessary for the applicant to have been in Australia for 40 days in each year in the period or the applicant’s spouse or de facto partner to have been in Australia for 180 days in each year in the period as the total number of days will be calculated cumulatively.
Complying Significant Investment held throughout the validity of Subclass 188C visa(s)
Complying significant investment of AUD 5 million made as part of the Subclass 188C visa application submitted on or after 1 July 2015 must be held continuously for a period of 4 years while holding Subclass 188C and/or Subclass 188C Extension visa(s).
Duration of Subclass 188C Visa(s) Held
At the time of application:
  • for Subclass 188C visa lodged on or after 1 July 2015, the applicant must have held Subclass 188C visa and/or Subclass 188C Extension visa combined for a continuous period of 4 years; or
  • for Subclass 188C visa lodged before 1 July 2015, the applicant must have held Subclass 188C visa for a continuous period of 3 years and 11 months.
State or Austrade Nomination & Skillselect Invitation
The main applicant must be nominated by an Australian State, Territory Government Agency or the CEO of Austrade and subsequently being invited to apply for this visa by the Australian Department of Home Affairs.

Please be aware that each Australian State, Territory Government Agency or Austrade has different sets of criteria to be met for nomination to be approved.
Have Functional English
Secondary applicants aged 18 years old and above (at the time of application) and has not previously paid a second instalment of the visa application charge in relation to an application for a Subclass 188 Business Innovation and Investment (Provisional) visa, must either have at least functional English or will be asked to pay for the second instalment of the visa application charge prior to visa grant.
Genuine Commitment to Continue Investment Activities in Australia
The applicant genuinely has a realistic commitment to continuing his/her business or investment activities in Australia.
Not Have a History of Involvement in Unacceptable Activities
The primary applicant, and the primary applicant’s spouse/de facto partner, must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.
The following persons can apply for this Subclass 888C visa:
  • any person who met the eligibility criteria outlined in "Eligibility Criteria" tab on this page and holds any of the following visas:
    • Subclass 188 Business Innovation and Investment (Provisional) visa in the Significant Investor stream (Subclass 188C) or the Significant Investor Extension stream (Subclass 188C Extension) as a primary visa holder; or
    • Subclass 188 Business Innovation and Investment (Provisional) visa in the Significant Investor stream (Subclass 188C) or the Significant Investor Extension stream (Subclass 188C Extension) granted on the basis that he/she was the spouse or de facto partner of primary visa holder of Subclass 188C/Subclass 188C Extension, and he/she has ceased to be the spouse or de facto partner of that person or that person has died.
  • the member of family unit of the Primary Applicant, e.g.: spouse/de facto partner and children who are still dependent on the Primary Applicant or the spouse/de facto partner of Primary Applicant.
The following condition(s) might be attached to this visa:

Condition 8515 - Must not marry or enter into a de facto relationship before entering Australia

If this visa is granted when the secondary applicant is outside Australia, the holder of this visa must not marry or enter into a de facto relationship before entering Australia.

This condition usually applies to secondary applicant(s) who are not married or in a de facto relationship and are still dependent on the primary visa applicant prior to visa grant. For example, child of primary visa applicant who is also a secondary applicant for this visa must not married or enter into a de facto relationship prior to entering Australia for the first time.

Breaching this visa condition will render the said visa with the condition 8515 subject to cancellation.

If you are ready to commence your life in Australia, contact Ausdirect Migration today at 1800 462 188.

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