Live and Invest in Melbourne, VictoriaPermanent Business Talent Visa (subclass 132) The 132 visa is...
Transcript of Live and Invest in Melbourne, VictoriaPermanent Business Talent Visa (subclass 132) The 132 visa is...
Live and Invest in Melbourne, Victoria
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Business Innovation and Investment Visa Structure
The Business Innovation and Investment program has 3 subclasses:
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Comparison-Business Innovation and Investment Visas (Subclass 188)
Business Innova,on (Provisional)
Investment (Provisional)
Significant Investment (Provisional)
Point Test
Minimum 65 point Minimum 65 point N/A
Type/Validity Provision / 4 years Provision / 4 years
Provision / 4 years
Age requirement Below 55 Below 55
No age limit
English Requirement Func=onal (Band 4.5 for all components) or pay second
installment
Func=onal (Band 4.5 for all components) or pay second
installment
Func=onal (Band 4.5 for all components) or pay second
installment
Assets Requirement
AUD 800,000 AUD 2.25 million AUD 5 million
Staying Requirement
1 year out of 2 years 2 years out of 4 years 40 days a year
Fund transfer requirement
Based on the respec=ve state requirements
Government Bond of AUD1.5 million for 4 years
Complying investment of AUD 5 million
Victorian Government Nomina,on Requirement
agree to have available no less than AUD400,000 for business
ac=vity in Victoria.
make a designated investment with the Victorian Treasury
Corpora=on; and engage in business or addi=onal
investment ac=vity.
Complying investment of AUD 5 million
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Significant Business History (Permanent)
Venture Capital Entrepreneur Stream (Permanent)
Type/Validity Permanent/5 years Permanent/5 years Age requirement
Below 55 Below 55
English Requirement
Func=onal (Band 4.5 for all components) or pay second installment
Func=onal (Band 4.5 for all components) or pay second installment
Assets Requirement
At least AUD 1.5 million and can be transferred to Australia within two years aSer the visa is granted
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Staying Requirement 2 years out of 5 years 2 years out of 5 years Net Asset
total net assets of at least AUD400 000 as the ownership interest in one or more qualifying businesses for least two of the four fiscal years
immediately before you are invited to apply and if the qualifying business(es) was a publicly listed
company, a shareholding of at least 10 per cent of the total issued capital.
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Annual Turnover
AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply
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Victorian Government Nomina,on Requirement
Net capital investment into the Victorian based business would generally be no less than A$2 million. A further A$500,000 is required for
family seWlement
A$1 million in venture capital funding from a member of the Australian Private Equity and Venture Capital Associa=on Limited (AVCAL) to fund the start up or commercialisa=on of a high poten=al, high risk, high growth business idea
in Victoria.
Comparison-Business Talent Visas (Subclass 132)
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Permanent Business Talent Visa (subclass 132)
The 132 visa is a permanent residency visa designed for high net worth individuals who have a genuine commitment to operate a business in Australia.
This visa allows you, as a permanent resident, to• Live and work in Australia on a permanent basis• Study at Australian schools or universities; concessional rate for tertiary education• Receive subsidised healthcare through Medicare and the Pharmaceutical Benefits
Scheme (PBS)• Qualify for a Special Benefit from Centrelink if you suffer a major change of
circumstances that is beyond your control• Become an Australian citizen (subject to Residency Eligibility Criteria)• Sponsor eligible relatives other for permanent residency.• Travel to and from Australia for 5 years from the date the visa is granted• Travel to New Zealand without a visa
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Permanent Business Talent Visa (subclass 132)
Visa requirements
• an overall successful business career• no involvement in unacceptable business activities• a genuine desire to own and maintain a management role in a business in
Australia.• Be younger than 55 years of age at the time you are invited to submit your visa
application, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate.
• Have functional English. This requirement may be waived on payment of additional fee to the immigration authority
• Obtain visa nomination from a state government • Satisfy all health and character requirements
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Permanent Business Talent Visa (subclass 132) Significant Business History Stream (Subclass 132A)• You, your partner, or you and your partner combined must have all of the
following:• total net assets of at least AUD400 000 as the ownership interest in one or more
qualifying businesses for least two of the four fiscal years immediately before you are invited to apply and if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital
• net business and personal assets of at least AUD1.5 million that are legally acquired and can be transferred to Australia within two years after the visa is granted
• a total annual turnover of at least AUD3 million in one or more of your main businesses in at least two of the four fiscal years immediately before you are invited to apply
• ownership of at least:– 51 per cent of a business with turnover of less than AUD400 000 per year– 30 per cent of a business with turnover of more than AUD400 000 per year, or– 10 per cent of a publicly listed company
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Permanent Business Talent Visa (subclass 132)
Victorian nomination requirements (subclass 132A)
• Intention to reside in Victoria and establish a business which delivers ‘exceptional’ economic benefit to the state.
• Eligible business activity supported by comprehensive market research that includes an evaluation of the business’s potential to deliver an ‘exceptional’ contribution to the economy of Victoria.
Elements taken into account when assessing the ‘exceptional’ economic benefit of the business include:• introduction of new/improved technology• job creation/retention• expanding exports of value added goods and services• introduction of new skills• increasing competitiveness• import replacement• the particular industry sector involved, and• the geographic location of the business.
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Permanent Business Talent Visa (subclass 132)
Victorian nomination requirements (subclass 132A)• Net capital investment into the Victorian based business would generally be no less than A$2
million. A further A$500,000 is required for family settlement.
• It is expected that the applicant will have visited Victoria and undertaken detailed market research, and where appropriate, consultation with relevant government agencies.
• Business activity deemed ‘ineligible’ for nomination include: passive investment, general importing, exporting of commodities and smaller project based property development.
• If the applicant has identified a business partner or an existing business in Victoria then that business partner will be expected to present a separate business submission to the Skilled and Business Migration office.
• Twenty four months after activation of a business talent visa the principal visa holder’s activities will be monitored by both the state and Australian government authorities.
• The visa holder must own or hold a ‘significant’ portion of an ‘eligible’ business and be able to provide evidence that they have invested their own time and continuously utilized their own skills by actively participating at a senior level in the day-to-day strategic management of that business.
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Permanent Business Talent Visa (subclass 132) Venture Capital Entrepreneur Stream (Subclass 132B)• You must have received at least A$1 million in funding from an Australian
venture capital firm.
• The funding must be for the start-up, product commercialisation or business development of a promising high-value business idea.
• The venture capital firm must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL).
• You must have entered into a formal agreement with the venture capital firm for the funding.
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Permanent Business Talent Visa (subclass 132)
Victorian nomination requirements (subclass 132B)
• Secured A$1 million in venture capital funding from a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL) to fund the start up or commercialisation of a high potential, high risk, high growth business idea in Victoria.
• Hold the rights to an idea, product or technology that requires additional funding in order to advance its commercial potential.
• The ‘eligible’ business must:– be high risk/have high growth potential– be engaged with a unique, innovative, product or service– have the potential to make a substantial benefit to the Victorian economy
• The business activity must involve the early phase start-up or commercialisation of an ‘eligible’ business.
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Permanent Business Talent Visa (subclass 132)
Victorian nomination requirements (subclass 132B)
• Investment in property development, land ownership, finance or construction as the predominant activity will not be considered for Victorian visa nomination.
• The applicant must be the person who has entered into the legally enforceable agreement with the venture capital company to receive venture capital funding.
• The venture capital investment must have been raised from funds that are not connected with the individual seeking the venture capital funding.
• All applications must outline the benefit that the business proposal will provide to the Victorian economy and the entrepreneurial skill that the applicant will bring to Victoria.
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Australia’s Significant Investor Visa (Subclass 188C) Visa requirements
• Obtain visa nomination from a state government or Austrade
• Invest at least AUD $5 million over four years in complying investments
• No upper age limit
• No English language requirements
• Have genuine intention to reside in the sponsoring State or Territory
• Satisfy all health and character requirements
• Funds for SIV must be unencumbered and lawfully acquired and no ‘loan back’
arrangements allowed.
• Visa holders must reside in Australia for a minimum of 40 days a year over 4 years or their
partner can meet 180 days per year
• Can apply for permanent residency after 4 years or extend the provisional visa for a
maximum of two additional visas, bringing the maximum total period on a provisional visa
to 8 years
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Australia’s Significant Investor Visa Complying Investment from 1 July 2015
From 1 July 2015, complying investments for applicants for Significant Investor Visa include:
• At least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies;
• At least $1.5 million in eligible managed fund(s) or Listed Investment Companies (LICs) investing in Emerging Companies;
• A ‘balancing investment of up to $3 million in managed fund(s) or LICs that invest in a combination of eligible assets including real property (subject to 10% limit on residential estate)
Visa applicants may change between complying investments, provided they continue to meet the proportions outlined above and meet specified reinvestment requirements
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Significant Investor Visa Grants�
SIV Lodgments and Grants (primary) 24 November 2012 (SIV commencement) to 31 May 2015
0
50
100
150
200
250
Lodged Granted
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SIV Applications by State 24 November 2012 (SIV commencement) to 31 May 2015
345 384 441
500 575 620 663 706 747 774
835 869 906 951 1045
1190
267 289 306 321 337 352 380 397 410 432 465 491 515 545 609 649
90 99 102 107 115 123 129 135 143 151 212 167 184 190 202 212
0
200
400
600
800
1000
1200
1400
Feb 14 March 14
April 14 May 14 June 14 July 14 August 14
Sept 14 Oct 14 Nov 14 Dec 15 Jan 15 Feb 15 Mar 15 Apr 15 May 15
VIC
NSW
ALL OTHER
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�Significant Investor Visa Grants�
68 83 100 124
142 171
193 221
252 271
327
371 399
428 459
490
56 65 76 92 102
126 146
162 181 186 201 213 222
245 257 279
20 26 32 39 42 46 47 53 57 60 89
67 74 78 86 89
0
100
200
300
400
500
600
Feb 14 March 14 April 14 May 14 June 14 July 14 August 14 Sept 14 Oct 14 Nov 14 Dec 15 Jan 15 Feb 15 Mar 15 Apr 15 May 15
VIC
NSW
ALL OTHER
Total 858 visa grants over 2.5 years
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Significant Investor �Source Country in South East Asia
Source: Victorian Government Nomination Data (April 2015)
Region China & Hong Kong 1686 South East Asia 34 North Asia exclude China 6 Africa & Middle East 6 Australia 5 South Asia 4 Europe 2 North America 1 La=n America 1 Total 1745
SIV Nomina=ons by the Victorian Government Nov 2012 – Apr 2015
Malaysia, 17
Vietnam, 8
Cambodia, 4
Indonesia, 2
Singapore, 2 East Timor, 1
South East Asia
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�Victoria’s visa nomination policy �
Investment contributes to the Victorian economy
Flexibility and choice for applicants
Priority processing Support services
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Victoria’s visa nomination application�
Assessment
• All applications assessed on their individual merits
• Economic benefit to Victoria generated directly/indirectly by the �$5 million ‘complying’ investment
• Applicant’s settlement intentions and association with Victoria
• Applicant’s business background, and medium to longer term business aspirations
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Assessment
Submit EOI to DIBP through
SkillSelect and nominate
State
Apply for
State nomination
Lodge
188 visa application to DIBP through
SkillSelect
Make A$5
million investment
after receiving DIBP invite
Visa grant
�Victoria’s visa nomination application�