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A permanent visa that lets you continue to own and manage a business in Victoria.

Cost: No fee

Nomination processing time: 20 business days

This page provides a detailed list of the requirements for Victorian visa nomination.

Read the Overview page for a summary of the requirements and how to apply.


Have this visa

You must hold a Victorian nominated visa, either:

For more information please refer to the Department of Home Affairs website: Business Innovation and Investment (Permanent) visa (subclass 888) Business Innovation stream

Live and work in Victoria

You must prove that you:

  • live in Victoria, and
  • actively manage the day-to-day operation of your Victorian business.

You met your nomination obligations

Subclass 188A and 188X visa holders

You must have met the Victorian nomination conditions for the provisional Business Innovation stream (subclass 188A) visa.

You must have met the conditions that you signed in the Nomination Conditions Form.

Special category (subclass 444) or eligible Temporary Work (Skilled) (subclass 457) visa holders

You must have met the subclass 188A requirements including:

  • business performance
  • innovation and/or job creation.

You must have met these requirements in the 2 years prior to your subclass 888A nomination application.

Contact us for further information.

Comply with the Department of Home Affairs requirements

You must comply with the Department of Home Affairs requirements including minimum financial and business performance requirements.

Department of Home Affairs and Skill Select

The Department of Home Affairs is responsible for all visa matters. This includes once you have been nominated by the Victorian government and have submitted your visa application.

All SkillSelect and EOI issues should also be directed to the Department of Home Affairs.

Surveys

You must have completed surveys from the Victorian Government and maintain contact

You must:

  • notify us of any changes to your contact details, and
  • participate in any surveys that the Victorian Government may conduct.

Your business activity must show innovation and job creation

You must show how your proposed business activity has contributed to the Victorian economy through job creation and innovation.

Innovation

You must demonstrate in your proposal your business has contributed to innovation in Victoria through innovations in either product or process*.

We may refuse your nomination application for a permanent visa (subclass 888A) if you have not engaged in innovative business activity.

Job creation

You must also demonstrate that your business has created jobs in Victoria.

You must have employed at least 2 eligible full time employees*.

We may refuse your nomination application for a permanent visa (subclass 888A) if you have not employed at least 2 full time eligible employees.

Exemption: You could be exempt from this job creation requirement if your eligible business’ turnover is at least A$1million per annum for the 2 years before you apply for permanent residency.

*See the section below called Specific meanings for the definition of ‘process innovation’, ‘product innovation’ and ‘eligible full time employees’.

Change of business activities

The Victorian Government expects all applicants to undertake the business proposed in their nomination application. We understand that in some circumstances it may be necessary to change your business proposal due to circumstances beyond your control.

If you decide to change your business activity from the initial proposal provided in your Victorian subclass 188 nomination application, you must seek advice from the Victorian Government’s Skilled and Business Migration Program prior to undertaking this business activity.

You must ensure the new business activity complies with:

The types of businesses that will not be accepted include:

  • Property development
  • Gift stores
  • Convenience stores
  • Cafes or restaurants

Contact us using this form if you intend to change your business activity.

If you are proposing to engage in export activity, you must read and be aware of the following information.

Does your proposed export activity provide a direct contribution to the Victorian economy?

Some of our assessment considerations include:

  • 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
  • expansion of export markets.

You must not engage in ‘parallel exporting’.

What is parallel exporting?

Parallel exporting is where goods are sold in an export market without the consent of the owner of the goods trademark.

You must demonstrate that you have not engaged in parallel exporting at the permanent visa nomination stage.

What evidence do I need if I am exporting goods?

Evidence may include:

  • Official certificate or agreement from the trademark owner authorising export activity, or
  • Authorisation from the trademark owner to the supplier/distributor for export activity, or
  • Correspondence (e.g. meeting notes, emails) showing the trademark owner understands the business migrant’s export intentions, or
  • Partnership or contractual agreements between the trademark owner and business migrant.

What is an example of parallel exporting?

Scenario: A Victorian business migrant purchases wine from a wine supplier or wholesaler. The brands purchased have existing and official export channels into the relevant country.

The business migrant only has a receipt of purchase and no additional evidence that shows the trademark owner is aware of, or consents to, the business migrant exporting the wine.

This is an example of ‘parallel exporting’ and is not permitted in the Victorian Government’s Skilled and Business Migration Program.

We have a dedicated Relationship Management team to support and assist business and investor migrants nominated by the Victorian Government.

Relationship Managers can help you:

  • understand Victoria’s strategic industry sectors
  • with information about doing business or making investments
  • connect you with relevant Victorian Government services and programs relevant to your business.

Contact a Relationship Manager using this form.

Respond within 2 weeks

We may ask you for more information by email

  • You will have 2 weeks to provide the requested information.
  • If you do not respond within 2 weeks, we may refuse your application.
  • Please check your junk mail and ensure the email address no-reply-gems@liveinmelbourne.vic.gov.au is added to your list of valid email addresses.

Incomplete applications

You must submit a complete application, including all relevant evidence to support your eligibility claims.

Do not ask for an update on your application

Please do not ask for an update on your application. We assess all applications in order of when they were submitted.

The assessment team is also responsible for responding to enquiries and we prioritise assessment of applications. Unnecessary enquiries slow down application processing times.

Submit your application via the portal

You must submit your application and all documents via the Live in Melbourne portal. We will not accept any applications, or documents via email.

Withdrawal

You can withdraw your application at any stage. Please Contact Us to withdraw your application.

Nomination application fees

The Victorian Government does not charge any application fees for nomination.

False or misleading information

If you provide false or misleading information as part of your nomination application, you will be refused. We may also report it to the Department of Home Affairs who can conduct their own investigation.

We conduct verification checks on many of the documents you provide.

If you are aware of instances, or yourself are pressured to submit an application with false and misleading information, we encourage you to report this to the Department of Home Affairs.

Review of nomination decision

If you have been refused as you did not meet the eligibility requirements, you cannot request a review of your application.

If you believe that we made an administrative error in refusing your nomination application, you can submit a request for us to review the application.

TermMeaning
Economic benefit

With regard to a non-export business, any business operating primarily at a Victorian address will be considered of economic benefit.

Applicants proposing to engage in export or Ecommerce activity, must demonstrate how the proposed activity will provide 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
  • expansion of export markets.

Note that payroll taxation revenue and GST are not considered to account for a benefit to Victoria.
Eligible Full time Employee A full-time equivalent (FTE) is a single employee who works no less than 30 hours per week, over a period of 12 months, permitting up to 2 months of vacation (paid or unpaid).

The Victorian Government will accept part time employees who work no less than 20 hours per week, over a 12-month period permitting up to 2 months of vacation (paid or unpaid) as half an FTE.

Casual employment cannot be used to fulfill this requirement.

Each employee whose employment
is used to work out that total number of hours:

  1. cannot be the applicant or a member of the family unit of the applicant during that period
  2. has to be an Australian citizen, an Australian permanent resident or the holder of a valid New Zealand passport during that period.

The policy allows for reasonable lapses in employment numbers to allow for staff loss, progression and turnover. If staff levels drop below the required number for more than 3 months, evidence should be provided to support such a long vacancy, for instance job advertisement charges or invoices and
a full description of specific skillset that was unable to be obtained.

Subclass 188 visa holders will be required to show payroll tax or superannuation documentation evidencing their employee numbers when applying to Victoria for nomination of their subclass 888 visa permanent visa subclass.

Establish a Residence in Victoria The visa holder is required to purchase or rent a residential home to facilitate their residence in Victoria. Bond receipt documents and a formal lease will be required to evidence rental of a residence, formal title deed will be required to evidence property purchase. Victoria will also require Passenger
Movement Records and utility bills for the period of residence.

Primary visa holders or their spouse are required to meet the Department of Home Affairs’ residency requirements for this visa subclass.

Staying with friends outside of a formal lease arrangement during this time is not accepted by Victoria, as it does not demonstrate a financial commitment
to continue living in Victoria. It is also not able to be sufficiently evidenced.

For border towns only (those that share a border with SA or NSW) these can be accepted at the discretion of the Victorian Government.

The visa holder is not permitted to reside in any other state other than
Victoria while holding the 188 visa subclass nominated by Victoria

Export Activity Businesses that report at least $2,000 (in current prices) of export sales in BAS are considered as having undertaken export activity. This is consistent with the Australian Bureau of Statistics (ABS) definition of an exporter.
Master of Business Administration A qualification which states “Master of Business Administration” in the award certificate, and at least 1 year of full-time equivalent study has been completed as part of this qualification. An eligible degree can have been completed at any time.
Parallel Exporting/Grey Market Exporting This exporting type refers to the practice of products being sold in/to overseas markets without the express consent of the trademark owner.

This type of exporting is not permitted and is not eligible for Victorian nomination.

The exclusion of this type of exporting ensures that Victorian nominated business migrants export with the permission of the product manufacturer or trademark holder. This ensures that the business
migrant is not competing against the trademark owner in the same market for the same clientele. This also encourages the migrant to interact with brand owners and identify areas they could collaborate for growth into new markets.

Process Innovation A new or significantly improved production or delivery method. This includes significant changes in techniques, equipment and/or software.
Product Innovation A good or service that is new or significantly improved. This includes significant improvements in technical specifications, components and materials, software in the product, user friendliness or other functional characteristics.
STEMM Qualification Any completed degree (no less than 3 years full time/6 semesters full time) that includes; Science, Technology, Engineering, Maths or Medical Science in the degree or award name. Social sciences and humanities qualifications are excluded. An eligible degree can have been completed at any time, in any
nation and in any language.

To evidence qualifications, the relevant award certificate and complete transcript is required, in addition to the qualification being listed in the applicant’s relevant EOI at time of nomination.

Victorian Business/s A Victorian business must have its main premises located in a Victorian postcode. The main premises is defined as the location where the majority of staff are located.
Victorian Business Turnover Turnover of the eligible business/es is calculated including GST and on a rolling 12 months basis. The Victorian Government uses the same definition of annual turnover as the Department of Home Affairs.
Work Experience in a Strategic Industry

An eligible applicant must evidence no less than 3 years in a senior role in a business directly involved in one of the Victorian Strategic Sectors. This experience must not have been obtained outside of the last 10 years.


A senior role is defined as having strategic and financial oversight of the company or business. This may include a board member, CEO, CFO or CPO for example.


The eligible role/s must be listed in the Expression of Interest (EOI) at time of nomination and a signed Position Description and Contract must be provided to support the applicant’s claims made in the application.

For specific meanings related to all of Victoria’s business and investor visas, see our Glossary page.

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