GUIDELINES FOR APPLYING FOR
AUSTRALIAN CAPITAL TERRITORY (ACT)
NOMINATION OF A BUSINESS INNOVATION
AND INVESTMENT (PROVISIONAL)
(SUBCLASS 188) VISA –
BUSINESS INNOVATION STREAM
The Australian Capital Territory (ACT) Government encourages business investment into the Territory
and can provide advice on ACT nomination criteria, but not on wider immigration issues.
Before lodging an application for nomination, it is recommended that you obtain specific migration advice
relevant to your circumstances from the Department of Immigration and Border Protection or a
Registered Migration Agent.
The ACT Migration Program is managed by the Small Business and Skills area in Chief Minister,
Treasury and Economic Development, a Directorate of the ACT Government.
About these Guidelines
These guidelines explain how to lodge an application for ACT nomination of a Business Innovation and
Investment (Provisional) (subclass 188) visa – Business Innovation stream.
Business Innovation Stream
This visa is a provisional visa (four years) for people who want to invest at least AUD$200,000 to
establish or purchase a business in the ACT.
ACT Nomination Criteria

Meet Department of Immigration and Border Protection criteria for a Business Innovation and
Investment (Provisional) (subclass 188) visa – Business Innovation stream.

Invest a minimum AUD$200,000 to purchase / establish a business in the ACT.

Plan to meet two out of the following three investment criteria while holding the Business
Innovation and Investment (Provisional) (subclass 188) visa :
o
Invest at least AUD$200,000 to purchase or establish a business in the ACT; and / or
o
Invest at least AUD$600,000 investment in personal and business assets in the ACT;
and / or
o
Employ at least the equivalent of two full-time employees who are Australian citizens,
Australian permanent residents or New Zealand passport holders, and are not your
family members.

Meet with the ACT Government to discuss the proposed ACT business investment and
nomination obligations prior to lodging the application. You must have the relevant skills and
experience to undertake the proposed business activity. The ACT will not provide or recommend
eligible ACT investment opportunities.

Make a personal commitment, and have sufficient personal funds, to settle in Canberra upon
grant of the Business Innovation and Investment (Provisional) (subclass 188) visa.

Participate in the two year monitoring program by completing 6 monthly ACT business activity
surveys.

Sign a declaration acknowledging the ACT nomination obligations as the holder of a Business
Innovation and Investment (Provisional) (subclass 188) visa. See Attachment A.
Department of Immigration and Border Protection Criteria
Before you submit your application for ACT nomination you must be satisfied that you meet Department
of Immigration and Border Protection criteria for a Business Innovation and Investment (Provisional)
(Subclass 188) Visa. More information about the visa criteria is available at:
http://www.border.gov.au/Trav/Visa-1/188All potential migrants must record their details through the Department of Immigration and Border
Protection SkillSelect Expression of Interest (EOI). For information about SkillSelect see:
http://www.border.gov.au/Trav/Work/Skil
Your EOI must be submitted on SkillSelect before you apply for ACT nomination. You must select the
ACT as your preferred location to live in Australia. You must attach a copy of the full EOI record of
response to the application for ACT nomination.
If your application for ACT nomination is approved, your EOI will be confirmed on SkillSelect and the visa
invitation will be automatically issued by the Department of Immigration and Border Protection.
Apply for ACT Nomination
Complete the online application for ACT nomination of a Business Innovation and Investment
(Provisional) (subclass 188) visa at: www.canberrayourfuture.com.au/portal/migrating/article/businessmigration-visas/
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Guidelines for ACT Nomination of a Business Innovation and Investment (Provisional) (Subclass 188) Visa
Business Innovation stream
Updated 1 July 2015 | Page 2 of 8
Attach the following information to the application:
Documentary evidence

SkillSelect EOI: full EOI record of response

Signed declaration acknowledging the ACT nomination obligations as the holder of a subclass
188 visa. See Attachment A.

Resume or Curriculum Vitae.

ACT Business Proposal (no more than five pages)
o
Statement outlining proposed ACT business and / or investment activities.
o
Outline of your research or study into the relevant sectors in the ACT.
o
Describe any Australian business activities that you have an interest in, including your
period of ownership (if any).

Summary of successful business career (no more than two pages).

Documentary evidence of current business ownership.

o
Business registration certificate or licence.
o
Evidence of share of ownership. This may include:

Evidence of purchase.

Share registers, company registers, share transfer documents.

Historical company extracts.

Annual returns of directors and shareholders.
Business financial statements.
o


Full set of financial statements for your business, prepared by an independent
accountant to international accounting standards, including balance sheet, profit and
loss statement and notes to the accounts.
Documentary evidence of business involvement.
o
Organisation chart showing your position in the business, staff attribution, management
reporting lines and functional responsibilities (one page).
o
Photographs of business premises and business activities (no more than six photos).
Evidence of sufficient net assets.
o
A summary (one page only) outlining all business and personal assets and how they
were acquired with supporting evidence of the source of funds.
o
Evidence of ownership and value (minimum of AUD$800,000) of assets, and any
liabilities against each asset.
o

Trusts. Include a copy of the trust deeds.

Cash assets in Australia. Provide bank statements or term deposit certificates.

Real estate. Include Title deeds, valuation, mortgage documents.

Stocks and bonds. Share or bond registers, share or fixed interest securities or
debentures certificates and transfer certificates.
For personal or business loans, provide loan agreements, loan statements indicating
amount borrowed and repayment schedule, listed in business balance sheet (if loan
to/from a business).
Canberra. Create your future | www.canberrayourfuture.com.au | +61 2 6207 5111
Guidelines for ACT Nomination of a Business Innovation and Investment (Provisional) (Subclass 188) Visa
Business Innovation stream
Updated 1 July 2015 | Page 3 of 8

Copy of passport (bio page and Australian visas if any) for main applicant.

Completed and signed Form 956 Advice by a migration agent/exempt person of providing
immigration assistance (if applicable).

Service fee: AUD$600. The service fee must be paid to complete your application.
Please note that documentary evidence in languages other than English MUST be accompanied by
an English translation, completed by an accredited translator.
How to lodge your application for ACT Nomination
The application for ACT nomination is to be completed online at:
www.canberrayourfuture.com.au/portal/migrating/article/business-migration-visas/

Save your completed application as a .PDF.

Pay the application service fee

Print the application and send the hard copy application with all supporting documents to:
Client Manager
Small Business and Skills
Chief Minister, Treasury and Economic Development Directorate
ACT Government
By courier: Level 2, Telstra House, 490 Northbourne Avenue Dickson ACT 2602
By mail: GPO Box 158 Canberra ACT 2601
Service fee
A non refundable service fee is charged for processing applications for nomination of a Business
Innovation and Investment visa. The service fee is an administration charge only and does not guarantee
the approval of a nomination.
The service fee of $600 may be paid by one of the following options:
Credit Card

Select ‘pay now’ on the online application.
Cheque / money order

Select 'pay later' on the online application

Make your bank cheque / business cheque / money order payable to: Economic Development
Directorate.
Electronic Funds Transfer (EFT)

Select 'pay later' on the online application

Transfer the fee to:
Westpac Bank – City Walk, Canberra, 2600
Account name: ‘EDD Operating Account’
BSB: 032-777
Account Number: 000145
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Guidelines for ACT Nomination of a Business Innovation and Investment (Provisional) (Subclass 188) Visa
Business Innovation stream
Updated 1 July 2015 | Page 4 of 8
Swift Code: WPACAU2S
Reference: Name of applicant
Please note your bank may charge a transaction fee for processing the EFT. This charge must be paid
by the applicant and is in addition to the service fee.
Processing time
Most applications for nomination will be processed within 30 working days. You should not enquire about
the progress of your application before 30 working days have passed. Progress enquiries can delay
application processing.
Notification of outcome
You will be notified of the outcome of the application by email.
If the application for ACT nomination is approved, ACT nomination of your EOI will be confirmed on
SkillSelect and the Department of Immigration and Border Protection will immediately issue the visa
invitation.
Once the visa invitation is issued, you will not be able to update the EOI.
You must apply for the Business Innovation and Investment (Provisional) (subclass 188) visa within 60
days.
ACT Nomination expires after three months
The offer of ACT nomination is valid for three (3) months from date of approval. If the visa application is
not lodged within three months, the offer of ACT nomination will expire. You would have to reapply for
ACT nomination and meet the current nomination criteria.
Department of Immigration and Border Protection Visa Decision
You must inform us of the outcome of your ACT nominated Business Innovation and Investment
(Provisional) (subclass 188) visa application:

Email: migrationservices@act.gov.au

Attach a copy of the decision letter.
Migration Review Tribunal
Please note that the ACT will not, under any circumstances, appeal to the Migration Review Tribunal
against decisions by the Department of Immigration and Border Protection to decline granting a visa to
any business migration applicants nominated by the ACT.
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Guidelines for ACT Nomination of a Business Innovation and Investment (Provisional) (Subclass 188) Visa
Business Innovation stream
Updated 1 July 2015 | Page 5 of 8
Monitoring program
After your ACT nominated subclass 188 visa has been granted, you are required to complete business
activity surveys at 6, 12, 18 and 24 months after arrival.
Education for Dependents
The ACT Education and Training Directorate (ETD) requires that all students who are not Australian
citizens or permanent residents pay international student tuition fees. ETD may agree to waive the tuition
fee for dependents of a subclass 188 visa holder if the ACT is satisfied that their business activity has
been of economic benefit to the Territory for the last six months.
The subclass 188 visa holder must first contact Small Business and Skills CMTEDD and request support
of a waiver of the tuition fee. Email migrationservices@act.gov.au and provide the following information:

Documents to evidence ACT business investment.

Evidence of ACT business activity for the last six months.

Statement of economic benefit to the Territory.

Documents to evidence settlement in Canberra (e.g. property lease / purchase and six months of
bank statements).
If the fee waiver is supported, the subclass 188 visa holder may then approach ETD and request a
waiver of the tuition fee. If approved by ETD, the visa holder will be exempt from paying the tuition fee for
the current school year only. Fee exemptions will be renewed each year if the visa holder can
demonstrate continuing economic benefit and commitment to the ACT.
If the request for tuition fee waiver is unsuccessful, the full international student tuition fees must be paid.
Pathways for Permanent Residence
The successful Business Innovation and Investment (Provisional) (subclass 188) visa holder will hold a
four year temporary visa. If you wish to apply for nomination of a Business Innovation and Investment
(Permanent) (subclass 888) visa, you must:

Meet the Department of Immigration and Border Protection criteria for grant of a Business
Innovation and Investment (Permanent) (subclass 888) visa.

Demonstrate that you have met your ACT nomination obligations to invest in an ACT business
and settle in Canberra.

Attend an interview to discuss the level of ACT business or investment activity. The interview will
be conducted in English.
Disclaimer
The ACT Government and its employees are not liable for any inaccuracies or omissions in the
information provided to the applicant in the context of their application for territory nomination.
ACT nomination is exclusive to the ACT and is NOT transferable to any other state or territory in
Australia.
Canberra. Create your future | www.canberrayourfuture.com.au | +61 2 6207 5111
Guidelines for ACT Nomination of a Business Innovation and Investment (Provisional) (Subclass 188) Visa
Business Innovation stream
Updated 1 July 2015 | Page 6 of 8
Contact us
For more information about the ACT Migration Program, contact:
Client Manager, Small Business and Skills,
Chief Minister, Treasury and Economic Development Directorate.
ACT Government
Address: Nara House. 1 Constitution Avenue Canberra ACT 2601
Mail: GPO Box 158, Canberra ACT 2601
International callers: +61 2 6207 5111 (International call rates apply)
Australian callers: 13 22 81
Email: migrationservices@act.gov.au
Canberra. Create your future | www.canberrayourfuture.com.au | +61 2 6207 5111
Guidelines for ACT Nomination of a Business Innovation and Investment (Provisional) (Subclass 188) Visa
Business Innovation stream
Updated 1 July 2015 | Page 7 of 8
Attachment A
Declaration of Australian Capital Territory (ACT) Nomination
Obligations Business Innovation Stream
I (name)…………………………….......................………………………………………… (DOB)……/…../……
of (address)……………………………………………………..........................................................……………
do solemnly and sincerely declare that:

I understand and agree that this nomination is exclusive to the ACT and is NOT transferable to
any other State or Territory in Australia.

The information contained in my application for ACT nomination of a Business Innovation and
Investment (Provisional) (subclass 188) visa is true and accurate.

I have access to the net business and personal assets which are lawfully acquired and are
available for transfer to Australia within six months of the grant of the Business Innovation and
Investment (Provisional) (subclass 188) visa for the conduct or establishment of a business in
the ACT.

I have a realistic commitment to establish or participate in a qualifying business in the ACT, hold
a substantial ownership interest in that business, and maintain direct and continuous
involvement in the management of that business.

I will inform Small Business and Skills of the outcome of my Business Innovation and Investment
(Provisional) (subclass 188) visa application and, if successful, my expected arrival date in
Australia.

I will take all reasonable steps to establish the business described in the business proposal
submitted as part of the application for ACT nomination.

I have access to the sufficient net personal assets to fund my settlement in Canberra.

I will seek approval of Small Business and Skills before engaging in any prime business activity
that differs from the original proposal.

I will inform Small Business and Skills of any changes to personal information.

I will settle in the ACT within 6 months of grant of the Business Innovation and Investment
(Provisional) (subclass 188) visa.

I will participate in the 2 year monitoring program by completing 6 monthly business activity
surveys.
Privacy: The information you provide with your application is collected by Small Business and Skills, Chief
Minister, Treasury and Economic Development, a Directorate of the ACT Government and will be used to
assess your application for ACT nomination of a Business Innovation and Investment (Provisional) (subclass
188) visa. Information you provide in the monitoring surveys will be collected and used by Small Business and
Skills to monitor your ACT business activity if you are a successful applicant. Depersonalised business activity
information may be used to compile statistical reports for internal reporting and may be published in media
releases. Personal information you provide in the business activity surveys may be disclosed to the Minister’s
Office and other government agencies. Any information submitted by you in and/or with your application and in
the business activity surveys which contains personal information, will be stored, used and disclosed in
accordance with the requirements of the Privacy Act 1988 (Cth).
(Signature of applicant) ………………………..…………………………...........
Date: ……./..…./…….
Name of Witness…………………………………....................................
(Signature of witness) …………………………………....................................
Date……./……./……..