Entrepreneur Visa

Founders of innovative Australian start-up companies or professionals who can use their skills and experience to help develop Australian start-up companies. 

An Australian entrepreneur visa is for people who want to:

• Start-up a new innovative Australian business;
• Expand an existing innovative overseas business into Australia; or
• Partner with an existing Australian innovative start-up business.

There are two visa pathways for entrepreneurs who wish to obtain Australian permanent residency status. These are:

• Apply for a subclass 188 Entrepreneur stream (‘188e’) visa and then transition to a subclass 888 Entrepreneur stream (‘888e’) visa.
• Apply for a Global Talent visa.

A 188e visa can last for up to 5 years. However, it is possible to apply for a 888e visa if you have held your 188e visa for at least 3 years and you meet all of the eligibility criteria for a 888e visa. If your 888e visa application is approved, you will become an Australian permanent resident.

The eligibility criteria for a 188e visa are:

• You are under the age of 55, or if you are over 55, an Australian State or Territory government has determined that your proposed Australian business activities will create an exceptional economic benefit.
• You have ‘Competent’ English language abilities.
• You have either:
  • An idea to develop an innovative start-up business in Australia;
  • An innovative overseas business that you wish to expand into Australia; or
  • An existing innovative Australian start-up business that you will help co-found.
• You have a business plan for your proposed Australian entrepreneurial activities.
• You a genuine and realistic commitment to undertake, and continue to undertake, your Australian entrepreneurial activities.
• The net value of you and/or your spouse or de facto partner’s business and personal assets is sufficient to allow you to settle in Australia.
• You have obtained a nomination from an Australian State or Territory government where you will be living and undertaking your proposed entrepreneurial activities in.

Please note that each Australian State and Territory government has their own eligibility criteria that will need to be met to obtain a nomination from them.

The eligibility criteria for a 888e visa are:

• You continue to be nominated by an Australian State or Territory government.
• You have resided in Australia for at least 2 years while holding a 188e visa.
• You meet either two of the following key success factors:
  • employing 2 or more Australians citizens or permanent residents
  • generating an annual turnover of at least $300,000 AUD
  • filing a provisional patent or acquiring a standard or innovation patent
  • receiving ongoing funding or investment in your entrepreneur activity from a third-party funding provider
  • entering into a partnership with a university to commercialise your innovative product or service.
  • selling one of your Australian entrepreneurial ventures for at least $2M AUD
• You meet one of the above key success factors and at least 3 of the following success factors:
  • adapting your Australian entrepreneurial activities into other business areas
  • receiving a statement of success from an Australian state or territory government nominator
  • receiving sponsorship from the corporate sector (i.e prize money or sponsorship payment)
  • starting at least 1 other business that is closely related to your Australian entrepreneurial venture or having your Australian entrepreneurial venture contribute to at least 2 other businesses
  • receiving formal awards or recognition
  • raising or contributing to social capital

There are usually three steps involved in a 188e visa application. These are:

1. Submit an Expression of Interest for a 188e visa. This information is sent to the Australian State or Territory government that you are seeking a nomination from. If the State or Territory government is interested in nominating you for your 188e visa application, they will invite you to apply for a nomination from them.
2. Submit a 188e visa nomination application. Please note that some Australian State and Territory governments require you to submit a Registration of Interest application before they will consider inviting you to apply for a nomination from them.
3. Submit a 188e visa application. If your nomination application is approved, you will receive an invitation from immigration to submit a 188e visa application. Please note that this invitation usually has an expiration date of 60 days.

The application process above also applies for a 888e visa application.

The government fees for a 188e visa application are:

• $6,395AUD for the main 188e visa applicant.
• $3,195AUD for any family members of the main 188e visa applicant who are over the age of 18.
• $1,600AUD for any family members of the main 188e visa applicant who are under the age of 18.

An additional government fee of $9,795AUD is payable if the main 188e visa applicant does not have ‘Functional’ English language abilities. An additional fee of $4,890AUD is also payable if a family member of the main 188e visa applicant who is over 18 does not have Functional English language abilities.

The government fees for a 888e visa application are:

• $3,310AUD for the main 888e visa applicant.
• $1,660AUD for any family members of the main 888e visa applicant who are over the age of 18.
• $825AUD for any family members of the main 888e visa applicant who are under the age of 18.

An additional fee of $4,890AUD is payable if the main 888e visa applicant, or a family member of the main 888e visa applicant who is over 18, does not have Functional English language abilities.

There may also be additional costs involved in a 188e and 888e visa application for things such as translation fees and professional fees for third party service providers.

Processing times for 188e and 888e visa applications are currently unavailable. 

Lucidian Law can assist with your entrepreneur visa application by:

• Identifying entrepreneurial opportunities such as existing innovative Australian start-up companies that you can partner with.
• Developing an innovative business concept for an Australian start-up company that matches your skills and experience.
• Developing business plans for your proposed Australian entrepreneurial activities.
• Helping you obtain capital for your proposed Australian entrepreneurial activities.
• Introducing you to potential industry partners and government departments that can assist with the development of your proposed Australian business.
• Introducing you to potential customers for your proposed Australian business.