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