Significant Investor stream - Canberra

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GUIDELINES FOR APPLYING FOR
AUSTRALIAN CAPITAL TERRITORY (ACT)
NOMINATION OF A BUSINESS INNOVATION
AND INVESTMENT (PROVISIONAL)
(SUBCLASS 188) VISA –
SIGNIFICANT INVESTOR STREAM
The Australian Capital Territory (ACT) Government encourages skilled migration 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 (SBS) 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 Australian Capital Territory (ACT) nomination of
a Business Innovation and Investment (Provisional) (subclass 188) visa – Significant Investor stream.
Significant Investor Stream
This visa is a provisional visa (four years) for people who want to invest at least AUD$5 million into a
complying investment. For a definition of a complying investment see
https://www.austrade.gov.au/invest/significant-investor-visa-and-premium-investor-visa-programmes
Nomination Criteria

Meet the Department of Immigration and Border Protection criteria for a Business Innovation and
Investment (Provisional) (subclass 188) visa – Significant Investor stream.

Enter into an agreement to invest AUD$5 million into a complying investment.

Noting that the ACT does not issue bonds, investments may be held across Australian Securities
and Investment Commission (ASIC) managed funds and/or eligible ACT companies not listed on
the Australian Stock Exchange.

The ACT does not enforce specific investment amounts in any one investment option.

The proposed investment must demonstrate economic benefit to the ACT in an innovation or
development context.

The applicant must meet with the ACT Government to discuss the proposed investment prior to
lodging the application.

The ACT Government will not provide or recommend eligible investments or managed funds.

It is the responsibility of the applicant to ensure that any funds invested meet the requirements of
a complying investment as prescribed by the Department of Immigration and Border Protection

The ACT Education and Training Directorate will waive the international student tuition fees for
Significant Investor visa holders nominated by the ACT.
Department of Immigration and Border Protection Criteria
Before you submit your application for ACT nomination you must be satisfied that you meet the
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-1/188
All 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.
Applying 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/
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
Significant Investor stream
Updated 1 July 2015 | Page 2 of 6
Attach the following information to your application:
Documentary evidence

SkillSelect EOI: full EOI record of response.

Resume or Curriculum Vitae.

Documentary evidence to support AUD$5 million complying investment.

Statement outlining proposed Australian investment activity; include details on how the
investment will contribute to the ACT economy in an innovation or development context.

Evidence of net business and personal 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 of personal 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, transfer certificates.
Evidence of ownership and value of business assets. For example:

Purchase documents.

Share registers, company registers, share transfer documents.

Historical company extracts.

Annual returns of directors and shareholders.

Full set of financial statements for two of the last four fiscal years. Must be
prepared by an independent accountant to international accounting standards,
including balance sheet, profit and loss statement and notes to the accounts.

Copy of passport (bio page and Australian visas if any) for main applicant and dependents.

Completed and signed Form 956 Advice by a migration agent/exempt person of providing
immigration assistance (if applicable).

Service fee: $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
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
Significant Investor stream
Updated 1 July 2015 | Page 3 of 6

Print the application and send the hard copy application with all supporting documents to:
The Manager
Small Business and Skills
ACT Chief Minister, Treasury and Economic Development Directorate
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 of 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
Swift Code: WPACAU2S
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 six weeks. Please do not enquire about the
progress of your application before six weeks have passed. Progress enquiries can delay application
processing.
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
Significant Investor stream
Updated 1 July 2015 | Page 4 of 6
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 of receiving the invitation.
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.
DIBP Visa Decision
You must inform us of the outcome of your ACT nominated Business Innovation and Investment
(Provisional) (subclass 188) visa application, and if granted by the Department of Immigration and Border
Protection, the expected date of your arrival in Australia:

Email: migrationservices@act.gov.au

Attach a copy of your visa grant notification
Migration Review Tribunal
Please note that the ACT will not, under any circumstances, appeal to the Migration Review Tribunal
(MRT) against decisions by the Department of Immigration and Border Protection to decline granting a
visa to any business migration applicants nominated by the ACT.
Education for Dependants
The Education and Training Directorate requires that all students who are not Australian citizens or
permanent residents pay international student tuition fees.
However, the Education and Training Directorate has agreed to waive the fees for Significant Investor
visa holders who receive a letter of support from Migration and information Services.
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
Significant Investor stream
Updated 1 July 2015 | Page 5 of 6
On the grant of the subclass 188 visa and before you enrol your children into school you must contact
Migration and Information Services by email: migrationservices@act.gov.au and request support of the
waiver of the international student tuition fee.
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 after four years, you must:

Demonstrate that there is continuing benefit to the ACT from your complying investments.

Meet the DIBP criteria for grant of a Business Innovation and Investment (Permanent) (subclass
888) visa.
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.
Contact Us
For more information about the ACT Migration Program, contact:
Client Manager, Small Business and Skills
ACT 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
Significant Investor stream
Updated 1 July 2015 | Page 6 of 6
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