GUIDELINES FOR APPLYING FOR AUSTRALIAN CAPITAL TERRITORY (ACT) NOMINATION OF A BUSINESS INNOVATION AND INVESTMENT (PROVISIONAL) (SUBCLASS 188) VISA

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1 GUIDELINES FOR APPLYING FOR AUSTRALIAN CAPITAL TERRITORY (ACT) NOMINATION OF A BUSINESS INNOVATION AND INVESTMENT (PROVISIONAL) (SUBCLASS 188) VISA BUSINESS INNOVATION STREAM The Australian Capital Territry (ACT) Gvernment encurages business investment int the Territry and can prvide advice n ACT nminatin criteria, but nt n wider immigratin issues. Befre ldging an applicatin fr nminatin, it is recmmended that yu btain specific migratin advice relevant t yur circumstances frm the Department f Immigratin and Brder Prtectin r a Registered Migratin Agent. The ACT Migratin Prgram is managed by the Small Business and Skills area in Chief Minister, Treasury and Ecnmic Develpment, a Directrate f the ACT Gvernment. Abut these Guidelines These guidelines explain hw t ldge an applicatin fr ACT nminatin f a Business Innvatin and Investment (Prvisinal) (subclass 188) visa Business Innvatin stream. Business Innvatin Stream This visa is a prvisinal visa (fur years) fr peple wh want t invest at least AUD$200,000 t establish r purchase a business in the ACT. ACT Nminatin Criteria Meet Department f Immigratin and Brder Prtectin criteria fr a Business Innvatin and Investment (Prvisinal) (subclass 188) visa Business Innvatin stream.

2 Invest a minimum AUD$200,000 t purchase / establish a business in the ACT. Plan t meet tw ut f the fllwing three investment criteria while hlding the Business Innvatin and Investment (Prvisinal) (subclass 188) visa : Invest at least AUD$200,000 t purchase r establish a business in the ACT; and / r Invest at least AUD$600,000 investment in persnal and business assets in the ACT; and / r Emply at least the equivalent f tw full-time emplyees wh are Australian citizens, Australian permanent residents r New Zealand passprt hlders, and are nt yur family members. Meet with the ACT Gvernment t discuss the prpsed ACT business investment and nminatin bligatins prir t ldging the applicatin. Yu must have the relevant skills and experience t undertake the prpsed business activity. The ACT will nt prvide r recmmend eligible ACT investment pprtunities. Make a persnal cmmitment, and have sufficient persnal funds, t settle in Canberra upn grant f the Business Innvatin and Investment (Prvisinal) (subclass 188) visa. Participate in the tw year mnitring prgram by cmpleting 6 mnthly ACT business activity surveys. Sign a declaratin acknwledging the ACT nminatin bligatins as the hlder f a Business Innvatin and Investment (Prvisinal) (subclass 188) visa. See Attachment A. Department f Immigratin and Brder Prtectin Criteria Befre yu submit yur applicatin fr ACT nminatin yu must be satisfied that yu meet Department f Immigratin and Brder Prtectin criteria fr a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa. Mre infrmatin abut the visa criteria is available at: All ptential migrants must recrd their details thrugh the Department f Immigratin and Brder Prtectin SkillSelect Expressin f Interest (EOI). Fr infrmatin abut SkillSelect see: Yur EOI must be submitted n SkillSelect befre yu apply fr ACT nminatin. Yu must select the ACT as yur preferred lcatin t live in Australia. Yu must attach a cpy f the full EOI recrd f respnse t the applicatin fr ACT nminatin. If yur applicatin fr ACT nminatin is apprved, yur EOI will be cnfirmed n SkillSelect and the visa invitatin will be autmatically issued by the Department f Immigratin and Brder Prtectin. Apply fr ACT Nminatin Cmplete the nline applicatin fr ACT nminatin f a Business Innvatin and Investment (Prvisinal) (subclass 188) visa at: Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa Business Innvatin stream Updated 1 July 2015 Page 2 f 8

3 Attach the fllwing infrmatin t the applicatin: Dcumentary evidence SkillSelect EOI: full EOI recrd f respnse Signed declaratin acknwledging the ACT nminatin bligatins as the hlder f a subclass 188 visa. See Attachment A. Resume r Curriculum Vitae. ACT Business Prpsal (n mre than five pages) Statement utlining prpsed ACT business and / r investment activities. Outline f yur research r study int the relevant sectrs in the ACT. Describe any Australian business activities that yu have an interest in, including yur perid f wnership (if any). Summary f successful business career (n mre than tw pages). Dcumentary evidence f current business wnership. Business registratin certificate r licence. Evidence f share f wnership. This may include: Evidence f purchase. Share registers, cmpany registers, share transfer dcuments. Histrical cmpany extracts. Annual returns f directrs and sharehlders. Business financial statements. Full set f financial statements fr yur business, prepared by an independent accuntant t internatinal accunting standards, including balance sheet, prfit and lss statement and ntes t the accunts. Dcumentary evidence f business invlvement. Organisatin chart shwing yur psitin in the business, staff attributin, management reprting lines and functinal respnsibilities (ne page). Phtgraphs f business premises and business activities (n mre than six phts). Evidence f sufficient net assets. A summary (ne page nly) utlining all business and persnal assets and hw they were acquired with supprting evidence f the surce f funds. Evidence f wnership and value (minimum f AUD$800,000) f assets, and any liabilities against each asset. Trusts. Include a cpy f the trust deeds. Cash assets in Australia. Prvide bank statements r term depsit certificates. Real estate. Include Title deeds, valuatin, mrtgage dcuments. Stcks and bnds. Share r bnd registers, share r fixed interest securities r debentures certificates and transfer certificates. Fr persnal r business lans, prvide lan agreements, lan statements indicating amunt brrwed and repayment schedule, listed in business balance sheet (if lan t/frm a business). Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa Business Innvatin stream Updated 1 July 2015 Page 3 f 8

4 Cpy f passprt (bi page and Australian visas if any) fr main applicant. Cmpleted and signed Frm 956 Advice by a migratin agent/exempt persn f prviding immigratin assistance (if applicable). Service fee: AUD$600. The service fee must be paid t cmplete yur applicatin. Please nte that dcumentary evidence in languages ther than English MUST be accmpanied by an English translatin, cmpleted by an accredited translatr. Hw t ldge yur applicatin fr ACT Nminatin The applicatin fr ACT nminatin is t be cmpleted nline at: Save yur cmpleted applicatin as a.pdf. Pay the applicatin service fee Print the applicatin and send the hard cpy applicatin with all supprting dcuments t: Client Manager Small Business and Skills Chief Minister, Treasury and Ecnmic Develpment Directrate ACT Gvernment By curier: Level 2, Telstra Huse, 490 Nrthburne Avenue Dicksn ACT 2602 By mail: GPO Bx 158 Canberra ACT 2601 Service fee A nn refundable service fee is charged fr prcessing applicatins fr nminatin f a Business Innvatin and Investment visa. The service fee is an administratin charge nly and des nt guarantee the apprval f a nminatin. The service fee f $600 may be paid by ne f the fllwing ptins: Credit Card Select pay nw n the nline applicatin. Cheque / mney rder Select 'pay later' n the nline applicatin Make yur bank cheque / business cheque / mney rder payable t: Ecnmic Develpment Directrate. Electrnic Funds Transfer (EFT) Select 'pay later' n the nline applicatin Transfer the fee t: Westpac Bank City Walk, Canberra, 2600 Accunt name: EDD Operating Accunt BSB: Accunt Number: Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa Business Innvatin stream Updated 1 July 2015 Page 4 f 8

5 Swift Cde: WPACAU2S Reference: Name f applicant Please nte yur bank may charge a transactin fee fr prcessing the EFT. This charge must be paid by the applicant and is in additin t the service fee. Prcessing time Mst applicatins fr nminatin will be prcessed within 30 wrking days. Yu shuld nt enquire abut the prgress f yur applicatin befre 30 wrking days have passed. Prgress enquiries can delay applicatin prcessing. Ntificatin f utcme Yu will be ntified f the utcme f the applicatin by . If the applicatin fr ACT nminatin is apprved, ACT nminatin f yur EOI will be cnfirmed n SkillSelect and the Department f Immigratin and Brder Prtectin will immediately issue the visa invitatin. Once the visa invitatin is issued, yu will nt be able t update the EOI. Yu must apply fr the Business Innvatin and Investment (Prvisinal) (subclass 188) visa within 60 days. ACT Nminatin expires after three mnths The ffer f ACT nminatin is valid fr three (3) mnths frm date f apprval. If the visa applicatin is nt ldged within three mnths, the ffer f ACT nminatin will expire. Yu wuld have t reapply fr ACT nminatin and meet the current nminatin criteria. Department f Immigratin and Brder Prtectin Visa Decisin Yu must infrm us f the utcme f yur ACT nminated Business Innvatin and Investment (Prvisinal) (subclass 188) visa applicatin: migratinservices@act.gv.au Attach a cpy f the decisin letter. Migratin Review Tribunal Please nte that the ACT will nt, under any circumstances, appeal t the Migratin Review Tribunal against decisins by the Department f Immigratin and Brder Prtectin t decline granting a visa t any business migratin applicants nminated by the ACT. Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa Business Innvatin stream Updated 1 July 2015 Page 5 f 8

6 Mnitring prgram After yur ACT nminated subclass 188 visa has been granted, yu are required t cmplete business activity surveys at 6, 12, 18 and 24 mnths after arrival. Educatin fr Dependents The ACT Educatin and Training Directrate (ETD) requires that all students wh are nt Australian citizens r permanent residents pay internatinal student tuitin fees. ETD may agree t waive the tuitin fee fr dependents f a subclass 188 visa hlder if the ACT is satisfied that their business activity has been f ecnmic benefit t the Territry fr the last six mnths. The subclass 188 visa hlder must first cntact Small Business and Skills CMTEDD and request supprt f a waiver f the tuitin fee. migratinservices@act.gv.au and prvide the fllwing infrmatin: Dcuments t evidence ACT business investment. Evidence f ACT business activity fr the last six mnths. Statement f ecnmic benefit t the Territry. Dcuments t evidence settlement in Canberra (e.g. prperty lease / purchase and six mnths f bank statements). If the fee waiver is supprted, the subclass 188 visa hlder may then apprach ETD and request a waiver f the tuitin fee. If apprved by ETD, the visa hlder will be exempt frm paying the tuitin fee fr the current schl year nly. Fee exemptins will be renewed each year if the visa hlder can demnstrate cntinuing ecnmic benefit and cmmitment t the ACT. If the request fr tuitin fee waiver is unsuccessful, the full internatinal student tuitin fees must be paid. Pathways fr Permanent Residence The successful Business Innvatin and Investment (Prvisinal) (subclass 188) visa hlder will hld a fur year temprary visa. If yu wish t apply fr nminatin f a Business Innvatin and Investment (Permanent) (subclass 888) visa, yu must: Meet the Department f Immigratin and Brder Prtectin criteria fr grant f a Business Innvatin and Investment (Permanent) (subclass 888) visa. Demnstrate that yu have met yur ACT nminatin bligatins t invest in an ACT business and settle in Canberra. Attend an interview t discuss the level f ACT business r investment activity. The interview will be cnducted in English. Disclaimer The ACT Gvernment and its emplyees are nt liable fr any inaccuracies r missins in the infrmatin prvided t the applicant in the cntext f their applicatin fr territry nminatin. ACT nminatin is exclusive t the ACT and is NOT transferable t any ther state r territry in Australia. Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa Business Innvatin stream Updated 1 July 2015 Page 6 f 8

7 Cntact us Fr mre infrmatin abut the ACT Migratin Prgram, cntact: Client Manager, Small Business and Skills, Chief Minister, Treasury and Ecnmic Develpment Directrate. ACT Gvernment Address: Nara Huse. 1 Cnstitutin Avenue Canberra ACT 2601 Mail: GPO Bx 158, Canberra ACT 2601 Internatinal callers: (Internatinal call rates apply) Australian callers: migratinservices@act.gv.au Canberra. Create yur future Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Prvisinal) (Subclass 188) Visa Business Innvatin stream Updated 1 July 2015 Page 7 f 8

8 Declaratin f Australian Capital Territry (ACT) Nminatin Obligatins Business Innvatin Stream Attachment A I (name)... (DOB) /../ f (address)... d slemnly and sincerely declare that: I understand and agree that this nminatin is exclusive t the ACT and is NOT transferable t any ther State r Territry in Australia. The infrmatin cntained in my applicatin fr ACT nminatin f a Business Innvatin and Investment (Prvisinal) (subclass 188) visa is true and accurate. I have access t the net business and persnal assets which are lawfully acquired and are available fr transfer t Australia within six mnths f the grant f the Business Innvatin and Investment (Prvisinal) (subclass 188) visa fr the cnduct r establishment f a business in the ACT. I have a realistic cmmitment t establish r participate in a qualifying business in the ACT, hld a substantial wnership interest in that business, and maintain direct and cntinuus invlvement in the management f that business. I will infrm Small Business and Skills f the utcme f my Business Innvatin and Investment (Prvisinal) (subclass 188) visa applicatin and, if successful, my expected arrival date in Australia. I will take all reasnable steps t establish the business described in the business prpsal submitted as part f the applicatin fr ACT nminatin. I have access t the sufficient net persnal assets t fund my settlement in Canberra. I will seek apprval f Small Business and Skills befre engaging in any prime business activity that differs frm the riginal prpsal. I will infrm Small Business and Skills f any changes t persnal infrmatin. I will settle in the ACT within 6 mnths f grant f the Business Innvatin and Investment (Prvisinal) (subclass 188) visa. I will participate in the 2 year mnitring prgram by cmpleting 6 mnthly business activity surveys. Privacy: The infrmatin yu prvide with yur applicatin is cllected by Small Business and Skills, Chief Minister, Treasury and Ecnmic Develpment, a Directrate f the ACT Gvernment and will be used t assess yur applicatin fr ACT nminatin f a Business Innvatin and Investment (Prvisinal) (subclass 188) visa. Infrmatin yu prvide in the mnitring surveys will be cllected and used by Small Business and Skills t mnitr yur ACT business activity if yu are a successful applicant. Depersnalised business activity infrmatin may be used t cmpile statistical reprts fr internal reprting and may be published in media releases. Persnal infrmatin yu prvide in the business activity surveys may be disclsed t the Minister s Office and ther gvernment agencies. Any infrmatin submitted by yu in and/r with yur applicatin and in the business activity surveys which cntains persnal infrmatin, will be stred, used and disclsed in accrdance with the requirements f the Privacy Act 1988 (Cth). (Signature f applicant)..... Date:./.../. Name f Witness... (Signature f witness)... Date././..