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Australian visa options for High Net Worth Individuals
MARN: 0744014
PwC
Content
 Temporary only visa option:
• Subclass 405 Investor Retirement.
 Permanent visa options:
• Subclass 132 Business Talent
o significant business stream
o venture capital stream.
• Subclass 188 and subclass 888 Business Innovation and Investor
o premium investor stream
- complying premium investment
o significant investor stream
- complying significant investment
o innovation stream
o investor stream
MARN:0744014
Slide 2
PwC
Temporary visa option
Subclass 405 Investor Retirement.
Key requirements:
• Age: ≥55 years of age
• Sponsorship: from an Australian state/territory
• Dependants: neither primary visa applicant not their spouse has any dependants
• Assets: $750k assets; or $500k if living in regional areas of Australia; for 2 years before visa application
• Income: $65k annually solely or combined with spouse; or $50k annually if living in regional areas of Australia
• Investment: $750k; or $500k if living in regional areas of Australia
Other requirements:
• Health
• Character
• Health insurance
Other comments:
• Will not qualify the visa holder for Australian permanent residency or any government benefits ever.
• Can be renewed many times as long as the visa applicants continue to satisfy the eligibility requirements. For renewal
applications, the Investment will be reduced to $500k and $250k respectively for visa applicants living in
metropolitan and regional areas.
MARN:0744014
Slide 3
PwC
Permanent visa options.
Current framework:
• Permanent residency at the outset, subclass 132 (Business Talent), the streams include:
o significant business history; and
o Venture capital.
• Staged, subclass 188 provisional visa then subclass 888 permanent visa (also known as Business Innovation &
Investor Visa), the streams include:
o Premium Investor Visa (PIV).
o Significant Investor Visa (SIV);
o Business Innovation Visa; and
o Investor Visa.
Old (grand fathered) business visas:
• staged, subclass 16x then subclass 845, subclass 89x; and
• permanent residency at the outset, subclass 132.
MARN:0744014
Slide 4
PwC
Permanent visa options: Subclass 132 Business Talent visas
Significant business history stream:
• Age: <=55 years, but a state or territory can waive this requirement if your proposed business will be of exceptional
economic benefit to the region where it will operate.
• Total net (business) assets :
o at least AUD400,000 as the ownership interest in one or more qualifying businesses for least 2/4 fiscal years
immediately before invitation; AND
o if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total
issued capital.
• Net business and personal assets: at least AUD1.5 million, legally acquired and can be transferred to Australia within
2 years after the visa is granted
• Annual turnover: at least AUD3 million in one or more main businesses in at least 2/4 fiscal years immediately before
being invited to apply
• Ownership interests:
o 51 per cent of a business with turnover of less than AUD400,000 per year
o 30 per cent of a business with turnover of more than AUD400,000 per year, or
o 10 per cent of a publicly listed company
• an overall successful business career
• no involvement in unacceptable business activities
• a genuine desire to own and maintain a management role in a business in Australia.
• Requires sponsorship from an Australian state/territory.
MARN:0744014
Slide 5
PwC
Permanent visa options: Subclass 132 Business Talent visas
Venture capital stream:
• Venture capital fund: received at least AUD1 million from an Australian venture capital firm.
• Purpose of the funding: for the start-up, product commercialisation or business development of a promising high-
value business idea.
• Venture capital firm: must be a member of the Australian Private Equity and Venture Capital Association Limited
(AVCAL).
• Formal agreement: must be entered into between visa applicant and the venture capital firm.
MARN:0744014
Slide 6
PwC
Permanent visa options: Subclass 188 & 888 Business Innovation &
Investor
Premium Investor:
• Age: no requirement
• Points test: not required.
• Personal assets: at least $15 million, lawfully acquired, to invested in Complying Premium Investment (details in
next page).
• Nomination: must be nominated by Austrade; Austrade has indicated that focus is on high calibre entrepreneurs, it
will start from the USA then maybe moved on to other countries later.
• Successful business history: as above.
• Residency requirement (days in Australia): no requirement.
• Permanent residency: the (subclass 188) provisional visa holder will acquire permanent residency (subclass 888 visa)
after having invested for at least 12 months.
MARN:0744014
Slide 7
PwC
Permanent visa options: Subclass 188 & 888 Business Innovation &
Investor
Complying Premium Investment for Premium Investor:
Total amount is $15 million, can be any proportion of:
• philanthropic contribution: approved in writing by a state/territory government agency.
• eligible investments:
o Australian securities exchange listed assets;
o Corporate bonds or notes issued by an Australian exchange listed entity (or its wholly owned Australian
subsidiary) or investment grade rated Australian corporate bonds or notes rated by an AFS licenced debt rating
agency;
o Australian federal, state/territory or local government bonds or notes;
o Australia proprietary company;
o Deferred annuities issued by Australian registered life companies; and
o Real property in Australia excluding residential property.
Slide 8
MARN:0744014
PwC
Permanent visa options: Subclass 188 & 888 Business Innovation &
Investor
Significant Investor:
• Age: no requirement
• Points test: not required.
• Personal assets: at least $5 million, lawfully acquired, to invested in Complying Significant Investment (details
in next page).
• Nomination: Austrade and an Australian state/territory government.
• Successful business history: not required.
• Residency requirement (days in Australia): no requirement; but to qualify for permanent residency (subclass 888)
must live in Australia for:
o average 40 days per whole or part year by the primary visa holder; or
o average 180 days per whole or part year by the spouse of the primary visa holder.
• Permanent residency: the (subclass 188) provisional visa holder can apply for permanent residency (subclass 888)
after 4 years on the provisional visa, must have satisfied the residency requirement and have held the Complying
Significant Investment for the entire period whilst holding the provisional subclass 188 visa.
MARN:0744014
Slide 9
PwC
Permanent visa options: Subclass 188 & 888 Business Innovation &
Investor
Complying Significant Investment for Significant Investor:
The sum : $5 million.
Eligible investments via a Managed Fund or Listed Investment Company:
• venture capital investments : $0.5 million in;
• emerging company investments $1.5 million; and
• balancing investment:
o Companies, A-REITs, infrastructure trusts including their ordinary equity, preferred equity, convertible bonds
or corporate issued floating rate notes listed on an Australian securities exchange.
o Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the
Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licensed
debt rating agency.
o Deferred annuities issued by Australian registered life companies but cannot commence paybacks during the
provisional visa period.
o Real Property in Australia (subject to 10% limit on residential real estate).
o A complying fund must have the following:
− Cash*** is to be no more than 20% of a fund’s net assets.
− Derivatives are to be used for risk management purposes only
• Fund under management (Managed Fund/Listed Investment Company) : $100 million
Slide 10
MARN:0744014
PwC
Permanent visa options: Subclass 188 Business Innovation &
Investor
Business Innovation Stream (provisional):
• Age: no more than 55 unless the relevant Australian state/territory believes there are exceptional circumstances for
waiver.
• Points test: at least 65. Attributes for points:
o age
o English
o qualification
o business experience
o personal & business assets
o business turnover
o longevity of business history
o special endorsement by state/territory
o business characteristics: registered patent/designs; export trade; trademarks; fast growing business; receipt of
grant/VC capital; and joint venture agreement.
• Personal and business assets: at least $800k, lawfully acquired, to transfer in Australia within 2 years of granting
visa.
• Nomination: an Australian state/territory government.
• Successful business history: required.
• Turnover: at least $500k in 2 /4 fiscal year.
• Ownership interest:
o 51 per cent, if the business has a turnover of less than AUD400 000 per year
o 30 per cent, if the business has a turnover of AUD400 000 or more per year
o 10 per cent, if the business is a publicly listed company
MARN:0744014
Slide 11
PwC
Permanent visa options: Subclass 888 Business Innovation &
Investor
Business Innovation Stream (permanent):
• Residency requirement (days in Australia): 1 /2 years immediately before application.
• Nomination: still has the Australian state/territory government’s nomination.
• Turnover: at least $300k in the 12 months before applying; state/territory may decide to waive this in exceptional
circumstances.
• Ownership interest:
o 51 per cent, if the business has a turnover of less than AUD400 000 per year
o 30 per cent, if the business has a turnover of AUD400 000 or more per year
o 10 per cent, if the business is a publicly listed company
• Business records: have ABN and have submitted Business Activities Statements for the 2 years before application.
• Optional matrix: satisfy 2 / 3:
o Business assets: $200k in Australia.
o Personal and business assets: $600k in Australia.
o 2 full time employees.
• Residency requirement (days in Australia): 1 /2 years immediately before application.
• Recycled business: no business acquired from another business skills visa holder (subclass 888, or subclass 89x);
unless visa applicant has had at least 12 months of joint ownership with the other business skills visa holder.
MARN:0744014
Slide 12
PwC
Permanent visa options: Subclass 188 Business Innovation &
Investor
Investor Stream (provisional):
• Age: no more than 55 unless the relevant Australian state/territory believes there are exceptional circumstances for
waiver.
• Points test: at least 65. Attributes for points:
o age
o English
o qualification
o business experience
o personal & business assets
o business turnover
o longevity of investment history
o special endorsement by state/territory
• Nomination: an Australian state/territory government.
• Business, investment and personal assets: $2.25 million for 2 fiscal years immediately before being invited to apply.
• Successful business /investment history:
o overall success; and
o at least 3 years direct involvement in managing business or eligible investments.
• Threshold for business or investment: for at least 1 /5 fiscal year before being invited to apply:
o At least 10% ownership in qualifying business; or
o $1.5 million eligible investment.
• Investment: $1.5 million.
MARN:0744014
Slide 13
PwC
Permanent visa options: Subclass 888 Business Innovation &
Investor
Investor Stream (permanent):
• Residency requirement (days in Australia): 2 /4 years immediately before application.
• Nomination: still has the Australian state/territory government’s nomination.
• Investment: have held the $1.5 million investment for at least 4 years.
MARN:0744014
Slide 14
PwC
Australian contact for questions:
Australian qualified lawyer
MARN: 0744014
Telephone: +61(2) 8266 1723
Mobile: + 61 401 158 233
Email: keekee.wang@au.pwc.com
MARN:0744014
Slide 15
Keekee Wang
Manager
www.pwc.com
This publication has been prepared for general guidance on matters of interest only, and does
not constitute professional advice. You should not act upon the information contained in this
publication without obtaining specific professional advice. No representation or warranty
(express or implied) is given as to the accuracy or completeness of the information contained in
this publication, and, to the extent permitted by law, PwC Australia, its members, employees
and agents do not accept or assume any liability, responsibility or duty of care for any
consequences of you or anyone else acting, or refraining to act, in reliance on the information
contained in this publication or for any decision based on it.
© 2012 PwC Australia. All rights reserved. In this document, “PwC” refers to PwC Australia
which is a member firm of PricewaterhouseCoopers International Limited, each member firm
of which is a separate legal entity.

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Australian visa options for HNWI

  • 1. Australian visa options for High Net Worth Individuals MARN: 0744014
  • 2. PwC Content  Temporary only visa option: • Subclass 405 Investor Retirement.  Permanent visa options: • Subclass 132 Business Talent o significant business stream o venture capital stream. • Subclass 188 and subclass 888 Business Innovation and Investor o premium investor stream - complying premium investment o significant investor stream - complying significant investment o innovation stream o investor stream MARN:0744014 Slide 2
  • 3. PwC Temporary visa option Subclass 405 Investor Retirement. Key requirements: • Age: ≥55 years of age • Sponsorship: from an Australian state/territory • Dependants: neither primary visa applicant not their spouse has any dependants • Assets: $750k assets; or $500k if living in regional areas of Australia; for 2 years before visa application • Income: $65k annually solely or combined with spouse; or $50k annually if living in regional areas of Australia • Investment: $750k; or $500k if living in regional areas of Australia Other requirements: • Health • Character • Health insurance Other comments: • Will not qualify the visa holder for Australian permanent residency or any government benefits ever. • Can be renewed many times as long as the visa applicants continue to satisfy the eligibility requirements. For renewal applications, the Investment will be reduced to $500k and $250k respectively for visa applicants living in metropolitan and regional areas. MARN:0744014 Slide 3
  • 4. PwC Permanent visa options. Current framework: • Permanent residency at the outset, subclass 132 (Business Talent), the streams include: o significant business history; and o Venture capital. • Staged, subclass 188 provisional visa then subclass 888 permanent visa (also known as Business Innovation & Investor Visa), the streams include: o Premium Investor Visa (PIV). o Significant Investor Visa (SIV); o Business Innovation Visa; and o Investor Visa. Old (grand fathered) business visas: • staged, subclass 16x then subclass 845, subclass 89x; and • permanent residency at the outset, subclass 132. MARN:0744014 Slide 4
  • 5. PwC Permanent visa options: Subclass 132 Business Talent visas Significant business history stream: • Age: <=55 years, but a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the region where it will operate. • Total net (business) assets : o at least AUD400,000 as the ownership interest in one or more qualifying businesses for least 2/4 fiscal years immediately before invitation; AND o if the qualifying business(es) was a publicly listed company, a shareholding of at least 10 per cent of the total issued capital. • Net business and personal assets: at least AUD1.5 million, legally acquired and can be transferred to Australia within 2 years after the visa is granted • Annual turnover: at least AUD3 million in one or more main businesses in at least 2/4 fiscal years immediately before being invited to apply • Ownership interests: o 51 per cent of a business with turnover of less than AUD400,000 per year o 30 per cent of a business with turnover of more than AUD400,000 per year, or o 10 per cent of a publicly listed company • an overall successful business career • no involvement in unacceptable business activities • a genuine desire to own and maintain a management role in a business in Australia. • Requires sponsorship from an Australian state/territory. MARN:0744014 Slide 5
  • 6. PwC Permanent visa options: Subclass 132 Business Talent visas Venture capital stream: • Venture capital fund: received at least AUD1 million from an Australian venture capital firm. • Purpose of the funding: for the start-up, product commercialisation or business development of a promising high- value business idea. • Venture capital firm: must be a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL). • Formal agreement: must be entered into between visa applicant and the venture capital firm. MARN:0744014 Slide 6
  • 7. PwC Permanent visa options: Subclass 188 & 888 Business Innovation & Investor Premium Investor: • Age: no requirement • Points test: not required. • Personal assets: at least $15 million, lawfully acquired, to invested in Complying Premium Investment (details in next page). • Nomination: must be nominated by Austrade; Austrade has indicated that focus is on high calibre entrepreneurs, it will start from the USA then maybe moved on to other countries later. • Successful business history: as above. • Residency requirement (days in Australia): no requirement. • Permanent residency: the (subclass 188) provisional visa holder will acquire permanent residency (subclass 888 visa) after having invested for at least 12 months. MARN:0744014 Slide 7
  • 8. PwC Permanent visa options: Subclass 188 & 888 Business Innovation & Investor Complying Premium Investment for Premium Investor: Total amount is $15 million, can be any proportion of: • philanthropic contribution: approved in writing by a state/territory government agency. • eligible investments: o Australian securities exchange listed assets; o Corporate bonds or notes issued by an Australian exchange listed entity (or its wholly owned Australian subsidiary) or investment grade rated Australian corporate bonds or notes rated by an AFS licenced debt rating agency; o Australian federal, state/territory or local government bonds or notes; o Australia proprietary company; o Deferred annuities issued by Australian registered life companies; and o Real property in Australia excluding residential property. Slide 8 MARN:0744014
  • 9. PwC Permanent visa options: Subclass 188 & 888 Business Innovation & Investor Significant Investor: • Age: no requirement • Points test: not required. • Personal assets: at least $5 million, lawfully acquired, to invested in Complying Significant Investment (details in next page). • Nomination: Austrade and an Australian state/territory government. • Successful business history: not required. • Residency requirement (days in Australia): no requirement; but to qualify for permanent residency (subclass 888) must live in Australia for: o average 40 days per whole or part year by the primary visa holder; or o average 180 days per whole or part year by the spouse of the primary visa holder. • Permanent residency: the (subclass 188) provisional visa holder can apply for permanent residency (subclass 888) after 4 years on the provisional visa, must have satisfied the residency requirement and have held the Complying Significant Investment for the entire period whilst holding the provisional subclass 188 visa. MARN:0744014 Slide 9
  • 10. PwC Permanent visa options: Subclass 188 & 888 Business Innovation & Investor Complying Significant Investment for Significant Investor: The sum : $5 million. Eligible investments via a Managed Fund or Listed Investment Company: • venture capital investments : $0.5 million in; • emerging company investments $1.5 million; and • balancing investment: o Companies, A-REITs, infrastructure trusts including their ordinary equity, preferred equity, convertible bonds or corporate issued floating rate notes listed on an Australian securities exchange. o Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licensed debt rating agency. o Deferred annuities issued by Australian registered life companies but cannot commence paybacks during the provisional visa period. o Real Property in Australia (subject to 10% limit on residential real estate). o A complying fund must have the following: − Cash*** is to be no more than 20% of a fund’s net assets. − Derivatives are to be used for risk management purposes only • Fund under management (Managed Fund/Listed Investment Company) : $100 million Slide 10 MARN:0744014
  • 11. PwC Permanent visa options: Subclass 188 Business Innovation & Investor Business Innovation Stream (provisional): • Age: no more than 55 unless the relevant Australian state/territory believes there are exceptional circumstances for waiver. • Points test: at least 65. Attributes for points: o age o English o qualification o business experience o personal & business assets o business turnover o longevity of business history o special endorsement by state/territory o business characteristics: registered patent/designs; export trade; trademarks; fast growing business; receipt of grant/VC capital; and joint venture agreement. • Personal and business assets: at least $800k, lawfully acquired, to transfer in Australia within 2 years of granting visa. • Nomination: an Australian state/territory government. • Successful business history: required. • Turnover: at least $500k in 2 /4 fiscal year. • Ownership interest: o 51 per cent, if the business has a turnover of less than AUD400 000 per year o 30 per cent, if the business has a turnover of AUD400 000 or more per year o 10 per cent, if the business is a publicly listed company MARN:0744014 Slide 11
  • 12. PwC Permanent visa options: Subclass 888 Business Innovation & Investor Business Innovation Stream (permanent): • Residency requirement (days in Australia): 1 /2 years immediately before application. • Nomination: still has the Australian state/territory government’s nomination. • Turnover: at least $300k in the 12 months before applying; state/territory may decide to waive this in exceptional circumstances. • Ownership interest: o 51 per cent, if the business has a turnover of less than AUD400 000 per year o 30 per cent, if the business has a turnover of AUD400 000 or more per year o 10 per cent, if the business is a publicly listed company • Business records: have ABN and have submitted Business Activities Statements for the 2 years before application. • Optional matrix: satisfy 2 / 3: o Business assets: $200k in Australia. o Personal and business assets: $600k in Australia. o 2 full time employees. • Residency requirement (days in Australia): 1 /2 years immediately before application. • Recycled business: no business acquired from another business skills visa holder (subclass 888, or subclass 89x); unless visa applicant has had at least 12 months of joint ownership with the other business skills visa holder. MARN:0744014 Slide 12
  • 13. PwC Permanent visa options: Subclass 188 Business Innovation & Investor Investor Stream (provisional): • Age: no more than 55 unless the relevant Australian state/territory believes there are exceptional circumstances for waiver. • Points test: at least 65. Attributes for points: o age o English o qualification o business experience o personal & business assets o business turnover o longevity of investment history o special endorsement by state/territory • Nomination: an Australian state/territory government. • Business, investment and personal assets: $2.25 million for 2 fiscal years immediately before being invited to apply. • Successful business /investment history: o overall success; and o at least 3 years direct involvement in managing business or eligible investments. • Threshold for business or investment: for at least 1 /5 fiscal year before being invited to apply: o At least 10% ownership in qualifying business; or o $1.5 million eligible investment. • Investment: $1.5 million. MARN:0744014 Slide 13
  • 14. PwC Permanent visa options: Subclass 888 Business Innovation & Investor Investor Stream (permanent): • Residency requirement (days in Australia): 2 /4 years immediately before application. • Nomination: still has the Australian state/territory government’s nomination. • Investment: have held the $1.5 million investment for at least 4 years. MARN:0744014 Slide 14
  • 15. PwC Australian contact for questions: Australian qualified lawyer MARN: 0744014 Telephone: +61(2) 8266 1723 Mobile: + 61 401 158 233 Email: keekee.wang@au.pwc.com MARN:0744014 Slide 15 Keekee Wang Manager
  • 16. www.pwc.com This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PwC Australia, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. © 2012 PwC Australia. All rights reserved. In this document, “PwC” refers to PwC Australia which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.