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A permanent visa that lets you continue to own and manage a business in Australia. You must be nominated by a state or territory government.

Eligibility

Visa eligibility

To find out if you are eligible for this visa, read the Department of Home Affairs' visa criteria for the Business Innovation and Investment (Permanent) visa (subclass 888).

Victorian nomination eligibility

Provisional visa nomination conditions

Applicants holding a provisional visa nominated by the Victorian government must demonstrate that they have met the nomination conditions they agreed to at the time of accepting provisional nomination. For example you have lived in Victoria during your provisional visa period.

Living in Victoria

You must reside in Victoria to successfully manage your business. Time absent from Victoria should generally be less than six weeks total per year. If more than six weeks, you must submit the business reasons for your absence.

You must also demonstrate a genuine commitment to continue residing in Victoria.

Business activity

Applicants must have owned and operated a viable and sustainable ‘eligible’ business in Victoria for no less than two years.

An eligible business can be almost any commercial endeavour. However, some activities may be excluded unless otherwise agreed to in writing. Exclusions include:

  • small scale property development
  • small scale freight forwarding and warehousing
  • commodity and scrap metal export
  • passive investment.
Export business activity

If you are engaging in export activity, you must demonstrate that the business has made a direct contribution to the Victorian economy, such as through:

  • the export value of Victorian goods and services
  • Victorian jobs created or retained, including flow-on effects to other Victorian suppliers
  • the local economic benefits of the business
  • assistance to Victorian businesses in exporting their products or addressing market gaps
  • the expansion of export markets.

You are required to demonstrate that you have not engaged in ‘grey market’ or ‘parallel exporting’, that is, activities where goods are imported and sold in an export market without the consent of the owner of the goods trademark. Such evidence may be, but is not limited to, your consultation with the Victorian business – for example partnership agreements, the provision of meeting dates, and personnel consulted.

Operational responsibility

You must be able to show that you have been responsible for the day-to-day operation of your business and the overall strategic direction of the business.

Employees

Applicants must demonstrate that they have employed at least 1 full time employee in their main business for a minimum of 12 months within the 24 months prior to lodging their nomination application for the Business Innovation and Investment (Permanent) visa (subclass 888). The eligible employee must have worked at least 30 hours per week consecutively within the 12-month period.

Eligible employee must:

  • be an Australian citizen, an Australian permanent resident, or holder of a valid New Zealand passport and;
  • not be a member of your family.

Applicants who were provided nomination for Business Innovation and Investment (Provisional) visa (subclass 188) before 22 July 2019 are not required to meet the employee requirements.

Payment of employees

You are required to comply with the National Minimum Wage standards in regards to employees. For guidance regarding full time and part time employees, holiday pay rate, work cover and superannuation, please consult a registered accountant.

The Fair Work Ombudsman provides information about wage standards.

Current data

At the time you apply for Victorian visa nomination, the data provided must be no more than three months old and be consistent with business activity statements, financial reports, tax lodgements and any data held by an Australian government department. For example, the Australian Taxation Office and the Department of Home Affairs.

Application process

You need to apply for Victorian visa nomination before you make a formal application for your visa.  Applying for visa nomination from the Victorian Government involves two steps.

Step 1: Apply for visa nomination

You need to register as a user of this website and then complete your application. You will need to prepare the following documentation for your application and upload it when requested:

  • Appointment of an Agent/Representative form (if applicable)
  • Business Innovation and Investment (Permanent) visa (subclass 888) Nomination Conditions form
  • State Nomination Statement form
  • Balance Sheet and Profit & Loss Statement for the past 24 months
  • Three photos of the business (external and internal), products or service
  • If you are subject to COVID-19 Concessions, the online application form will ask you to provide further information on how you meet the relevant concessions.
  • If you have undertaken any export activity:
    • A summary table of all products exported, including:
      • Product name and details
      • Trademark owner name (if any)
      • Date of export
      • Origin of raw materials
      • Origin of manufacture (address)
      • Port of exit
      • Destination country and state/province
      • Australian dollar value of the export
    • Evidence of trademark consent if trademarked goods have been exported, in the form of:
      • Official certificate from the trademark owner authorising export activity, or
      • Authorisation from the trademark owner to the supplier/distributer to re-sell products with the acknowledgement of the likely export of goods by business migrants, or
      • Evidence from the trademark owner that the applicant is purchasing goods with the intention of export (including consultations, meetings or correspondence), or
      • Partnership or contractual agreements between the trademark owner and business migrant.
      Important: Authorisation, contractual or agreement documents must specifically detail:
      • Name and description of each product
      • Number of items able to be exported/on sold for export
      • Names of all destination countries the trademark owner permits export sales by the business migrant
      • Signature and formal letter head of the trademark owner
      • Evidence NOT accepted:
        • Receipts of purchase, or
        • Consent provided by the supplier/distributor, unless they are an official subsidiary or supplier of the trademarked good.

All forms are available from the Supporting documentation and forms page.

Victorian visa nomination processing

Processing times can vary. You can expect an outcome within four weeks from the time your complete application is lodged for visa nomination.

Additional information

We will contact you or your agent (if applicable) if we need more information to assess your application.

Nomination outcome

You or your agent (if applicable) will be notified of the outcome of your visa nomination application by email.

Step 2: Lodge a formal visa application

If you receive visa nomination from the Victorian Government, you can then proceed to lodge a formal visa application with the Department of Home Affairs.

Obligations

As part of your application, you will be required to agree and adhere to the following obligations: 

Your obligations:

  • I have read (or have had read to me) the contents of my application and confirm that the information contained therein is true and correct.
  • I confirm that I meet all of the Department of Home Affairs' visa eligibility criteria for the Business Innovation and Investment (Permanent) visa (subclass 888). 
  • I will notify the Victorian Government of any changes to my contact details within the first five years of permanent visa grant and agree to participate in any surveys that the Victorian Government may conduct.
  • I have a genuine commitment to continue to engage in business, entrepreneurial or investment activity in Victoria. 
  • I have a genuine commitment to continue to reside in Victoria. 

The Victorian Government:

  • may share information relating to the application and the applicant’s business/investment activities in Victoria with the Department of Home Affairs and with the Treasury Corporation of Victoria.
  • reserves the right to make direct contact with the applicant in relation to this application or related matters. 
  • has no legal authority to deal with visa matters and will not advocate to the Department of Home Affairs or the Administrative Appeals Tribunal on behalf of the applicant.
  • does not endorse any investment made, or any business activity undertaken, by the applicant nor does it accept liability for any financial loss, cost or expense incurred as a result of any business decision, business activities or investments made by any person in any way connected with this application, or otherwise. 

Without express written consent from the Victorian Government, failure to comply with the above conditions may result in the withdrawal of Victorian Government nomination for the applicant’s visa.

New way to apply

A new and improved way to apply

We have made it easier for you to register, submit and track the progress of your application.

Our visa application forms are now mobile and tablet friendly with improved layout and helpful text fields.


Register now

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