Subclass 188 – Business Investment and Innovation Visa (Provisional) – Investor Stream

This visa stream is designed for individuals seeking to work on or invest in any business in Australia. To be eligible for Subclass 188, one must obtain a nomination from a specific state or government agency that accepts the applicant for investing in Australia.

As a provisional visa, it allows temporary stay in Australia, extendable based on meeting required criteria.

Benefits:

• Participation in various business and investment projects in Australia.
• Ability to bring along family members.
• Visa validity of 5 years.
• Eligibility to apply for Permanent Residency (PR) if specified requirements are met (through subclass 888).
• Freedom to travel inside or outside Australia until the visa expires.

Eligibility Criteria:

• Nomination from an Australian territory/state for specified investments.
• Management of a business with 10 percent ownership or ownership of a combined amount of 2.5 million Australian dollars for one of the five fiscal years preceding the invitation to apply.
• Minimum of 2.5 million in overall personal assets, transferable to Australia within 2 years after visa grant (1.5 million if the visa invitation is received before July 2021).
• Attainment of the required profile points (65 minimum).
• Previous experience in business (3 years) without involvement in inappropriate activities intolerable in Australia.
• Age under 55.
• Functional English language proficiency.
• Compliance with acceptable health and character requirements.
• No pending debt to the Australian government and no former visa cancellation or refusal.

The Procedure:

1. See Eligibility: Review eligibility criteria of different states and calculate scores (minimum 65).
2. EOI (Expression of Interest): Submit an expression of interest indicating the state of interest on SkillSelect.
3. Decision Wait: Await the decision regarding nomination and acceptance or rejection of EOI, and the visa invitation.
4. Document Submission: If invited for a visa application, submit required documentation supporting the case, including prospective investment documents.
5. Visa Application: Apply for the final visa.

Time & Fee/Cost:

• Processing time ranges from 18 to 42 months.
• Visa cost is available on the official Australian Government Department of Home Affairs website (currently around 6300 dollars).

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SUBCLASS 189 (SKILLED INDEPENDENT – PERMANENT)

The Skilled Independent Visa Subclass 189 is a Permanent Resident Visa for Australia. To be eligible, applicants must meet the points criteria based on factors such as age, skills, English language proficiency, and other requirements related to the relevant occupation. This visa subclass must be lodged through the SkillSelect system, involving the Expression of Interest (EOI).

Benefits of This Visa:

• Allows the applicant and their family unit to live as permanent residents in Australia.
• Permanent visa confirmation is obtained in Pakistan before departing for Australia.

Australian Permanent Residents Can:

• Live and work in Australia on a permanent basis.
• Study in Australia at school or university.
• Receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS).
• Access certain social security payments (subject to waiting periods).
• Be eligible for Australian citizenship (subject to residency eligibility criteria).

Australian Immigration Points:

• Age:
  • 18-24 Years – 25 Points
  • 25-32 Years – 30 Points
  • 33-39 Years – 25 Points
  • 40-44 Years – 15 Points
• Experience:
  • 18-24 Years (8 Years Experience) – 25 Points
  • 25-32 Years (5 Years Experience) – 15 Points
  • 33-39 Years (3 Years Experience) – 10 Points
• IELTS (International English Language Testing System):
  • IELTS – 8 in each component – 20 Points
  • IELTS – 7 in each component – 10 Points
  • IELTS – 6 in each component – 0 Points

Applicants earn points based on their age, work experience, and English language proficiency. Meeting the required points threshold is essential for successful visa application under Subclass 189.

SUBCLASS 190 (PERMANENT)

The Skilled Nominated visa (subclass 190) is a permanent General Skilled Migration visa that requires nomination by a state or territory government through SkillSelect. State and territory governments publish lists of occupations in demand, and approval for nomination is determined by various factors, including commitment to residing in the nominating region, work experience, specialized skills, employability, English language proficiency, relatives already residing in the region, settlement funds, and overall points score.

Basic DHA Criteria:

• Nominate an occupation on the MLTSSL or the STSOL.
• Obtain a suitable skills assessment in the nominated occupation.
• Be under 45 years of age at the time of invitation.
• Have at least competent English.
• Submit an Expression of Interest (EOI).
• Be invited through SkillSelect to apply for a visa.
• Satisfy health and character requirements.

SkillSelect:

Skilled Nominated visas provide a pathway to Australia if the criteria for the Skilled Independent visa are not met or if the nominated occupation only features on the STSOL. Applications must be submitted through SkillSelect, the Department of Home Affairs (DHA) online visa application system. By generating points for various factors, applicants can enhance their eligibility. These factors include age, recognized qualifications, employment, English language skills, nomination by a state or territory government, partner skills, study in Australia, professional education, accredited language skills, and completion of a professional year in Australia.

Changes to the Points Test (From 16 November 2019):

Changes introduced to the points test on 16 November 2019 allow applicants to claim additional points to reach their points target. These changes include:

• Applicants with a partner under 45 with a positive skills assessment in an occupation on the skills list with competent English – 10 points.
• Applicants whose partner has proficient language skills only – 05 points.
• Applicants without a partner – 10 points.
• A Master’s degree or PhD in Science, Technology, Engineering, and Mathematics – 10 points.

For more information on nomination criteria applied by Australia's state and territory governments, kindly select the state or territory in which you are interested:

• New South Wales
• Victoria
• South Australia
• Queensland
• Tasmania
• Western Australia
• Australian Capital Territory
• Northern Territory

PROSPECTIVE MARRIAGE VISA (SUBCLASS 300)

The Prospective Marriage visa (subclass 300) is designed for individuals intending to come to Australia for the purpose of marrying their prospective spouse. This is a temporary visa valid for nine months, and applicants must be outside Australia both when lodging the application and when the visa is granted. The wedding can take place in any country; it doesn't have to be in Australia.

Key Features:

• Temporary visa with a validity period of nine months.
• Applicants must be outside Australia during both the application lodgment and visa grant.
• The wedding is not required to take place in Australia; it can be held in any country.

Visa Benefits:

• Allows entry into Australia before marrying the prospective spouse.
• Permits multiple entries and exits from Australia during the visa validity period.
• Provides work rights in Australia, although some employers may have restrictions for individuals with temporary visas.
• Allows for studying in Australia, but access to government funding for tertiary study is not available.
• Offers the opportunity to apply for a Partner visa within Australia after the marriage.

This visa is a prelude for those seeking to marry and eventually apply for a Partner visa in Australia.

PARTNER (PROVISIONAL) VISA (SUBCLASS 309) AND PARTNER (MIGRANT) VISA (SUBCLASS 100)

The Partner (Provisional) visa (subclass 309) is intended for individuals seeking to live in Australia as the spouse or de facto partner of:

• An Australian citizen
• A permanent resident
• An eligible New Zealand citizen.

This provisional visa marks the initial step towards obtaining a permanent Partner visa (subclass 100). The application process involves one application for both temporary and permanent visas, with a single application charge. The assessment occurs in two stages, approximately two years apart.

Key Features:

• Applicants must be outside Australia when applying for the Partner (Provisional) visa (subclass 309) and when it is granted. They can be in or outside Australia when the Partner visa (subclass 100) is granted.

Partner (Provisional) Visa (Subclass 309):

• Allows entry into Australia and stay until a decision is made about the permanent Partner visa.
• Permits work and study in Australia, with no access to government funding.
• Provides eligibility to enroll in Medicare, Australia’s health-related care and expenses scheme.

If Granted Permanent Visa (Subclass 100):

• Allows indefinite stay in Australia.
• Permits work and study in Australia.
• Eligible for Australian citizenship.
• Ability to sponsor eligible relatives for permanent residence.
• Eligible to receive some social security payments.
• Allows travel to and from Australia for five years from the visa grant date; afterward, another visa is needed for entry into Australia.

SKILLED VISA WORKING SUBCLASS -491

The new Subclass 491 visa, set to take effect on 16 November 2019, shares similar characteristics with the existing Subclass 489 visa.

Key Features:

• Applicants must be nominated by a state or territory government or receive sponsorship from a close relative residing in a designated area of Australia.
• Allows residence anywhere in Australia, except in the Metropolitan areas of Brisbane, Gold Coast, Melbourne, Sydney, and Perth.
• Valid for 5 years.
• Applicants and family members will undergo more stringent monitoring to ensure compliance with living, working, and studying in a designated regional area of Australia for a period of 3 years.

Pathway to Permanent Residence:

• After holding a Subclass 491 visa for 3 years, applicants can apply for permanent residence through the Subclass 191 – Skilled Regional visa.
• Compliance with all conditions of the Subclass 491 visa is mandatory, including providing evidence of three years of tax assessment notices with an annual income of $53,900.

Changes to the Points Test:

• If a partner has a valid skills assessment with competent English, they can add 10 points to the overall points total (previously 5 points).
• If the applicant does not have a partner or the partner is an Australian citizen or permanent resident, they can claim 10 points.
• If a partner has competent English only, the applicant can claim 5 points.
• Specialist education points for studying in Australia in a Master's or Ph.D. course within specified fields will increase from 5 to 10 points.
• Designated regional nomination or sponsorship points will increase from 10 to 15.

PARTNER VISA (SUBCLASS 820 AND 801)

The temporary Partner visa (subclass 820) is designed for individuals who wish to live in Australia as the spouse or de facto partner of:

• An Australian citizen
• An Australian permanent resident
• An eligible New Zealand citizen.

This visa is the initial stage leading towards a permanent Partner visa (subclass 801). The applicant must be in Australia when applying and when the visa is decided.

Key Features:

• Lodging one application form covers both temporary and permanent visas, with one application charge.
• The application is processed in two stages, approximately two years apart.

Temporary Partner Visa (Subclass 820):

• Allows the applicant to live in Australia until a decision is made about the permanent Partner visa.
• Permits the holder to work and study in Australia, with no access to government funding.
• Provides eligibility to enroll in Medicare, Australia’s scheme for health-related care and expenses.
• Allows inclusion of dependent children in the application (not other dependent relatives, unless holding or held a Prospective Marriage visa).
• Dependent applicants must be in Australia when applying.

If Granted Permanent Visa (Subclass 801):

• Allows indefinite stay in Australia.
• Permits work and study in Australia.
• Eligible for Australian citizenship.
• Ability to sponsor eligible relatives for permanent residence.
• Eligible to receive some social security payments.
• Allows travel to and from Australia for five years from the visa grant date; afterward, another visa is needed for entry into Australia.