Visa Summary

This visa lets you carry out entrepreneurial activities in Australia. You can stay for up to 4 years and 3 months. This Visa is only available to applicants who are nominated by an Australian State or Territory government. To be nominated, the applicant must lodge an Expression of Interest (EOI) through the SkillSelect system.

This is a 4-year temporary visa, for entrepreneurs with innovative ideas and financial backing from a third party. After spending 2 years in Australia and being sponsored by a state or territory government to qualify for a permanent residence through the Business Innovation & Investment  Subclass 888 visa.

In order to satisfy the basic eligibility criteria, You must

  • have a funding agreement of at least AUD200,000 to carry out entrepreneurial activity in Australia
  • show Department of Home Affairs (DHA) a business plan for your entrepreneurial activity
  • have at least competent English 

Your Obligations:

You and your family must comply with all visa conditions and Australian laws.

In particular you must meet certain obligations related to your entrepreneurial activities. You must also follow Australian workplace laws.

Meet Your Entrepreneur Obligations:

You must have a funding agreement with a third party of at least AUD200,000. You must maintain an ongoing relationship with your nominating state or territory government.

You must successfully undertake activities in Australia that meet the requirements of a complying entrepreneurial activity for the duration of your subclass 188 visa. The factors that will be used to determine the success of the activities include:

  • the number of Australian citizens and permanent residents employed
  • the level and nature of ongoing funding and investment in the activities
  • the annual turnover of the business activities

The funding party must pay your entrepreneurial entity at least 10% of the total funding. They must do this within 12 months of the day you start the entrepreneurial activity in Australia. You must use this funding in accordance with your funding agreement.

Follow Australian Workplace Laws:

All workers in Australia (including visa holders) have rights and protections at work. Pay rates and workplace conditions are set by Australian law.

If you operate a business in Australia, you must comply with workplace laws. The  Pay and Conditions Tool (PACT)  can help you with:

  • pay rates
  • shift calculations
  • leave arrangements and notice
  • redundancy entitlements

Adequate Health Insurance:

We recommend you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.

Reciprocal Healthcare Agreements:

Some countries have a reciprocal healthcare agreement with Australia. Find out more from the Department of Human Services about reciprocal healthcare agreements

Complying Entrepreneur Activity:

You must be undertaking, or proposing to undertake, a complying entrepreneur activity in Australia. You must have a genuine intention to continue this activity.

A complying entrepreneur activity must relate to an innovative idea that will lead to:

  • the commercialisation of a product or service in Australia, or
  • the development of an enterprise or business in Australia

This activity must not relate to any of the following categories:

  • residential real estate
  • labour hire
  • purchase of an existing enterprise or a franchise in Australia

Funding Requirements:

You must have one or more legally enforceable agreements to receive funding with a total of at least AUD200,000. The funding must be from one of the following entities:

  • Commonwealth Government agency
  • State or territory government
  • Publicly funded research or innovation organisation
  • Higher education provider specified as a Table A or Table B provider under Part 2-1 of the Higher Education Support Act 2003
  • Investor registered as an Australian Venture Capital Limited Partnership or Early Stage Venture Capital Limited Partnership

The entity that will conduct the activity (the entrepreneurial entity) must be either an individual (yourself), a company or a partnership.

You must have held at least 30% interest in your entrepreneurial entity when you entered into the agreement.

You must also have a business plan for the entrepreneurial entity. This business plan should note how your innovative idea will lead to:

  • the commercialization of a product or service in Australia, or
  • the development of an enterprise or business in Australia
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