NSW has opened various categories of Business and Investor visas that accommodate different investors, enabling them to establish their businesses in Australia. In comparison to other countries’ investment programs, the Australian Investment Visa pathway is considered more secure. The reason is this pathway allows the investor to invest in their own business, rather than providing the funds to another company to invest for them.

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These visas not only ensure a lifetime of business returns for you and your business but also opens up your pathway for permanent residency.

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Why Invest in NSW?

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• Firstly, Sydney undoubtedly has the majority share of the nation’s investments. Therefore, NSW allows you to benefit from the developed infrastructure that’s already in place.
• Let’s not forget about the infinite possibilities that a good network of like-minded individuals can open up for you. You will be part of a community that will not only guide you with your business endeavours but also act as a safety net during difficult times.
• Being Australia’s largest and most diverse state economy, NSW gives you access to a market that is strong and resilient.

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If you have decided that you’d also like to be a part of the esteemed investor’s hub of NSW, then we are pleased to let you know that you have a couple of options that will allow you to achieve that. The Business and Investor Visas in NSW have already opened for 2021-2022.

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Below is a list of visas you can apply for.

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Provisional Visas

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This is a temporary visa category that allows you to temporarily stay and set up your business in Australia. These visas also allow you to transition to permanent residence later on.

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

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This visa will allow you to establish your own business in NSW. Therefore, if you apply for this visa, you can own, manage and actively run your business in NSW, after you have successfully been nominated. There are various streams under which you can apply. The streams are as follows:

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Business Innovation Visa stream (Subclass 188A)

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As an investor, if you have already established a business that is profitable and operating well, then this is a visa stream that you can consider applying for. It lets applicants operate a new or existing business in NSW.

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Business Investor Visa Stream (Subclass 188B)

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This is a temporary visa that is suitable for individuals who have had thriving experience in business ownership or investment management - which means the CEOs, senior managers and/or experienced investors. This provisional visa requires applicants to invest at least AUD $2.5 million in designated investments and maintain business or investment activity in NSW.

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Significant Investor Visa Stream (Subclass 188C)

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This visa stream does not have any maximum age limit. Therefore, as an investor, if you are above the age of 55, this is a visa that is worthwhile to consider. This is for people who can invest at least AUD $5 million in designated investments and maintain investment activity in NSW.

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Entrepreneur Visa Stream (Subclass 188E)

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If you are an investor with profitable entrepreneurial skills and a project that will be successful in Australia, this is one visa stream that you might consider applying for. This mainly targets startups and early-stage entrepreneurs to develop their projects in NSW.

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Permanent Visas

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Permanent visas usually have higher requirements to fulfil before they are granted. Therefore, if you meet most of the requirements of the permanent visas, you can apply for any one of the visas listed below.

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Do note that, despite similarities in requirements, each visa category is different. Therefore, we encourage you to carefully consider which visa category you are applying for.

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Business Owner Visa (Subclass 892)

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This is a permanent visa. It lets you stay, own and manage a business in NSW indefinitely. To be able to apply for this visa, you need to hold any of the following visa subclasses:

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• Business Owner (Provisional) Visa (Subclass 160)
• Senior Executive (Provisional) Visa (Subclass 161)
• Investor (Provisional) Visa (Subclass 162)
• State/Territory Sponsored Business Owner (Provisional) Visa (Subclass 163)
• State/Territory Sponsored Senior Executive (Provisional) Visa (Subclass 164)
• State/Territory Sponsored Investor (Provisional) Visa (Subclass 165)

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Investor Visa (Subclass 893)

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If you hold an NSW Sponsored Investor (Provisional) visa (Subclass 165), then this visa allows you to continue your business or investment activity in NSW. To be eligible for this visa, you need to show that you have had an investment worth AUD $750,000 for 4 years.

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

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For entrepreneurs, investors and business owners to continue their activity in NSW.

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Business Innovation Stream: This visa lets holders of a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Business Innovation Extension stream, holders of subclass 444 (Special Category) visa, or certain holders of subclass 457 (Business (Long Stay) visa, stay permanently in NSW.

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Investor Stream: This visa lets you continue your investment activities in NSW permanently.

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Significant Investor Stream: This visa lets you continue your investment activities in NSW permanently.

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Entrepreneur stream: This visa lets you continue your investment activities in NSW permanently.

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Other Visas

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Investor Retirement Visa (Rollover) (Subclass 405)

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The Investor Retirement Visa (Subclass 405) is for self-funded retirees who have no dependents and want to live in NSW during their retirement years. You can only apply for this visa if you currently hold a 405 Visa.

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Discontinued Visas

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NSW is no longer offering the following visas:

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Business Talent (Permanent) Visa (Subclass 132): From April 16, 2021, NSW stopped accepting applications for this visa.

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Significant Business History Stream (Subclass 132): NSW has stopped taking applications for this visa category as well.

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What can Path Migration do for you?

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At Path Migration, we have a team of experienced immigration lawyers who are specialists in this field. We have helped clients from different countries, below we only list a few notable ones.

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Entrepreneurs and Investors from India

We have assisted many clients from India who are aspiring entrepreneurs, innovators and businessmen. Through our in-house network and resources, we assisted them in setting up businesses in the IT sectors, e-commerce and setting up educational institutions. One of the main requirements that Australian investor clients from India need to ensure is that the information on Companies House India is accurate at the time of visa application. We work very closely with the client to ensure that we reach out to the relevant body and get all the required documents to help with the application.

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Entrepreneurs and Investors from Bangladesh

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The huge number of clients we have from Bangladesh has allowed us to establish an amazing community, which we can always refer to our prospective Bangladeshi clients. For investor clients from Bangladesh, the source of funds is a very important aspect of the application to consider. At Path Migration, we understand that sometimes, it’s not always feasible for clients to understand exactly how the documentations on the sources of funds need to be presented. Therefore, to help you and ensure your application is submitted seamlessly, we have an in-house chartered accountant that assists with preparing the submission to satisfy the source of funds element of the investment visa.

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Entrepreneurs and Investors from Hong Kong

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At Path Migration, we are considerate of the ongoing political situation there. The Australian Government has provided certain exemptions to the requirements due to the political situation in Hong Kong. Therefore, we can process the applications from the Australian Investor visa, while they are in Hong Kong. One of the key requirements that Hong Kong clients need to provide is Property valuations from the Royal Institute of Chartered Surveyors. Our team will be working closely with you to ensure that you properly understand the documents required and that your best application is put forward for both you and your family.

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.