You’ll need the subclass 888A visa because the land down under is a land of opportunity. From its stunning natural beauty to its thriving economy, Australia is a magnet for businesses and investors worldwide. The country also has a highly skilled workforce and a favourable business environment.
What Is the Subclass 888A Visa?
Visa subclass 888A (Business Innovation stream) is a permanent visa that allows the following to stay in Australia permanently:
- Business Innovation and Investment (Provisional) visa (subclass 188) holders in the Business Innovation stream or the Business Innovation Extension stream
- Subclass 444 (Special Category) visa holders
- Subclass 457 visa holders.
Subclass 888A visa has plenty of privileges that holders can avail such as:
- staying in Australia permanently
- working and studying in Australia
- enrolling in Australia’s public health care scheme – Medicare
- sponsoring relatives to come to Australia
- travelling to and from Australia for 5 years
- if eligible, apply for Australian citizenship.
Furthermore, they can include family members in your application for this visa and they must meet the health and character requirements to be eligible.
As of 1 July 2023, the cost for this visa starts from AUD3,310 for the main applicant. However, there will be other costs, such as costs for health checks, police clearance, and biometrics for this visa.
Subclass 888A Visa Eligibility
These are the eligibility requirements for this type of visa:
- Only primary holders of the following visas can apply for the subclass 888A visa. These are:
- Subclass 188 Business Innovation stream visa
- Subclass 444 visa
- Subclass 188 Business Innovation Extension stream visa
- Subclass 457 visa, in some instances.
- If you don’t have any of these visas beforehand, you cannot apply for a subclass 888A visa.
- A valid nomination by a state or territory government agency is required.
- You must own and manage an existing business in Australia. These are the specific conditions:
- For the 2 years immediately before you apply, you must have:
- had, and continue to have, an ownership interest in up to two main businesses in Australia
- had a direct and continuous management role in that business or businesses
- submitted Business Activity Statements to the Australian Taxation Office
- an Australian Business Number for each of your main businesses
- For the 24 months immediately before you apply, you must own at least:
- 51% of the total value of a business with a turnover of less than AUD400,000 per year, or
- 30% of the total value of a business with a turnover of AUD400,000 or more per year, or
- 10% of the total value of a business that is operated by a publicly listed company
- For the 2 years immediately before you apply, you must have:
- You must have an annual turnover of AUD300,000.
- You must comply with the assets requirement, particularly:
- Assets of AUD200,000 net value in your main business (or 2 main businesses) in Australia
- Personal and business assets in Australia of AUD600,000 net value
- You must comply with the employee requirements:
- Have at least two full-time eligible employees in your main business
- Employees must be Australian citizens, Australian permanent residents, or holders of valid New Zealand passports.
- Employees must not be members of your family.
Residency Requirements for the Visa
Aside from these business requirements, the Department of Home Affairs imposes a residency requirement to be eligible for this visa. You are eligible if you meet any one of the following:
Unless COVID-19 concessions apply, you must have been physically present in Australia for at least 1 year in the 2 years immediately before you apply if you are the holder of a:
- Subclass 188 Business Innovation stream visa and you were invited to apply before 1 July 2021
- Subclass 444 visa and your visa was granted before 1 July 2021
- Subclass 188 Business Innovation Extension stream visa and you were invited to apply for your original subclass 188 Business Innovation stream visa before 1 July 2021
- Subclass 457 visa
You must have been physically present in Australia for at least 1 year in the 3 years immediately before you apply if you are the holder of a:
- Subclass 188 Business Innovation stream visa and you were invited to apply on or after 1 July 2021
- Subclass 188 Business Innovation Extension stream visa and you were invited to apply for your original subclass 188 Business Innovation stream visa on or after 1 July 2021
- Subclass 444 visa and your visa was granted on or after 1 July 2021
Other Requirements for Subclass 888A Visa
The DHA requires the following requirements aside from those mentioned in the previous section:
- You must have followed the Australian Commonwealth laws and the laws of states and territories where your business operates.
- Your dependent applicant, if any, must meet the functional English requirement.
- You must be really committed to pursuing your investment and business endeavours in Australia.
- Neither you nor your partner may have engaged in any trade or investing practices that are prohibited in Australia.
- You must meet the health and character requirements.
- You must sign the Australian Values Statement.
- You must have no debt to the Australian government.
- You must not have had a visa cancelled or a previous application refused.
The subclass 888a visa has a number of eligibility requirements, and it can be difficult to understand all of them. To ensure your eligibility, you should talk to a migration lawyer to help you understand the requirements and make sure that you meet them.
Subclass 888A Visa Application Process
Before you apply for this visa, make sure that you are eligible. Understand and study the eligibility requirements above and double check if you have all of it. Here are the steps for the application:
1. Gather your documents, such as:
- Your identity documents
- Copies of the pages of your current passport
- National identity card
- Fill out the Form 1414 Nomination – Business skills class and send the form to the state or territory that nominated you.
- A one-page summary of your business or investment activities/intentions in Australia.
- A written declaration stating you have complied with the laws of the Commonwealth, and of the state or territory where your business is located.
- Documents proving business ownership.
- Documents proving business management, such as contracts, communications, etc.
- Organisational chart and business activities
- Australian Business Number (ABN) and Business Activity Statements (BAS)
- Evidence that your business had employees
- Documents showing your business and personal assets in Australia.
- Health and character documents
- Proof of functional English
- Evidence of your partner’s relationship with you, if applicable.
- Identity documents for dependeants under and over 18.
2. Apply for the visa online through ImmiAccount. The DHA will inform you of the receipt of your application.
3. Wait for the decision.
Confused With the Requirements and Application Process?
Contact a migration lawyer to enlighten you on these requirements and visa criteria. JB Solicitors’ migrations lawyers are experts in the field and can provide you with valuable guidance and support throughout the application process for a subclass 888a visa.
You can increase your chances of success and achieve your goal of permanent residency and business innovation in Australia if you understand more about the eligibility requirements and application process.
Send us an enquiry today to know more.
