GUIDELINES FOR APPLYING FOR AUSTRALIAN CAPITAL TERRITORY (ACT) NOMINATION OF A BUSINESS INNOVATION AND INVESTMENT (PERMANENT) (SUBCLASS 888) 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 Australian Capital Territry (ACT) nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) visa Business Innvatin stream. Business Innvatin Stream This visa is a permanent visa fr peple wh have invested a minimum AUD$200,000 t establish r purchase a business in the ACT; and successfully cnducted business activity in the ACT fr at least 2 years. Nminatin Criteria Meet the Department f Immigratin and Brder Prtectin criteria fr a Business Innvatin and Investment (Permanent) (subclass 888) visa Business Innvatin stream.
Prvide evidence that yu have cnducted business activity in accrdance with the ACT nminatin fr yur subclass 188 visa. Demnstrate that yu have had, and cntinue t have, a direct and cntinuus management rle in a main business in the ACT fr at least tw years befre yu apply. Demnstrate that yu have had a turnver, in that main business (r tw main businesses), f at least AUD$300 000 in the year immediately befre yu apply. Fr the tw years immediately befre yu apply, have an wnership interest f at least: 10% in a main business that is publicly listed; r 30% in a main business with a turnver f AUD$400,000 and abve; r 51% in a main business with a turnver f less than AUD$400,000. Meet tw f the three fllwing criteria thrughut the year immediately befre yu apply. at least AUD$200,000 net value f yur assets in the ACT business; at least AUD$600 000 net value f yur persnal and business assets in the ACT; 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. Shw that yu have cmplied with yur ACT nminatin bligatins as the hlder f a subclass 188 visa. Yu must meet with Small Business and Skills t discuss yur current ACT business activity prir t ldging the applicatin. The interview will be cnducted in English. Yu must sign a declaratin acknwledging the ACT nminatin bligatins as the hlder f a subclass 888 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 the Department f Immigratin and Brder Prtectin criteria fr a Business Innvatin and Investment (Permanent) (Subclass 888) Visa. Mre infrmatin abut the visa criteria is available at: http://www.brder.gv.au/trav/visa-1/888- Applying fr ACT Nminatin Cmplete the nline applicatin fr ACT nminatin f a Business Innvatin and Investment (Permanent) (subclass 888) visa at: www.canberrayurfuture.cm.au/prtal/migrating/article/businessmigratin-visas/ Attach the fllwing infrmatin t the applicatin: Dcumentary evidence Signed declaratin acknwledging the ACT nminatin bligatins as the hlder f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa. See Attachment A. Canberra. Create yur future www.canberrayurfuture.cm.au +61 2 6207 5111 Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 2 f 7
Prvide a shrt summary (n mre than tw pages) describing yur ACT business activity: Describe the ACT business activity. Shw yur wnership interest including size and length f wnership. Yur management rle in yur business ver the tw years prir t applying. Yur net assets f yur business thrughut the 12 mnths prir t yur applicatin. Turnver f yur business fr the 12 mnths prir t applicatin. The number f emplyees emplyed by yur business thrughut the 12 mnths prir t applicatin. Business wnership. Evidence f initial investment t purchase r establish the ACT business and ne r mre f the fllwing: Financial dcuments. Partnership, trust r franchise agreements. Include all pages and related schedules, with evidence f stamp duty paid. Evidence f the issue, purchase r transfer f shares shwing date f wnership. If shares purchased r transferred, include the Australian Securities and Investment Cmmissin (ASIC) register. Histrical ASIC cmpany extract. Extracts frm business financial statements, including net assets, balance sheet, prfit and lss statement and ntes t the accunts. Financial statements shuld be signed by directrs and prepared by an accuntant t Australian accunting standards. Evidence f yur invlvement in the day t day management f the business fr the tw years immediately prir t date f applicatin. Business cntracts. Official cmmunicatins such as letters and emails. Evidence f attendance at business meetings. Independent third party business references. Dcuments demnstrating respnsibility fr areas such as: strategic management, recruitment, price structure, business prfitability, expenditure. Other infrmatin may be prvided. Taxatin evidence f yur business activity. Australian Business Number (ABN) fr each business claimed. Australian Taxatin Office (ATO) Prtal ldged Business Activity Statement (BAS) fr each perid in the tw years prir t applicatin. Persnal taxatin returns and ntices f assessment by the ATO fr the tw years prir t applicatin. Other business dcuments. One page rganisatin chart shwing yur psitin in the business, staff attributin, management reprting lines and functinal respnsibilities. Phtgraphs f business premises and business activities (n mre than six phts). Canberra. Create yur future www.canberrayurfuture.cm.au +61 2 6207 5111 Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 3 f 7
Evidence f emplyees (if applicable). Shw that at least tw full time Australian emplyees, r equivalent part time emplyees) were emplyed thrughut a 12 mnth perid ending n mre than three mnths prir t the date f applicatin. PAYG summaries, wage bks, emplyee cntracts, wrkers cmpensatin, insurance and superannuatin dcuments. Residency r citizenship status f each emplyee during the same 12 mnths. Evidence f at least AUD$600,000 net persnal and business assets (if applicable). A ne page summary statement utlining all assets and liabilities fr the beginning and end f the 12 mnths prir t date f applicatin. Evidence f wnership f net value f business and persnal assets held in Australia. Evidence f liabilities (if any) against each asset, such as mrtgages, lans including unsecured and third party lans, credit cards. Persnal assets, if held in: Trust: cpy f the trust deeds. Cash assets in Australia: prvide bank statements r term depsit certificates. Real estate: title deeds, valuatin, mrtgage dcuments. Stcks and bnds: market value f share r bnd registers, share r fixed interest securities r debentures certificates and transfer certificates. Persnal r business lans in Australia: prvide lan agreements, lan statements indicating amunt brrwed and repayment schedule, listed in business balance sheet (if lan t/frm a business). Cpy f passprt (bi page and Australian visas if any) fr main applicant. Cmpleted and signed Frm 956 Cmpleted and signed Frm 956 Advice by a migratin agent/exempt persn f prviding immigratin assistance (if applicable). Service fee$1100. 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: www.canberrayurfuture.cm.au/prtal/migrating/article/business-migratin-visas/ 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 the : 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 Canberra. Create yur future www.canberrayurfuture.cm.au +61 2 6207 5111 Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 4 f 7
Service Fee The ACT charges a nn refundable service fee 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 $1100 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: 032-777 Accunt Number: 000145 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 Outcme Yu will be ntified f the utcme f the applicatin by email. Yu must apply fr the Business Innvatin and Investment (Permanent) (Subclass 888) visa within three mnths frm date f apprval. 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. Canberra. Create yur future www.canberrayurfuture.cm.au +61 2 6207 5111 Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 5 f 7
Department f Immigratin and Brder Prtectin Visa Decisin Yu must tell us the utcme f yur ACT nminated subclass 888 visa applicatin: Email: 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. 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. Cntact Us Fr mre infrmatin abut the ACT Migratin Prgram, cntact: Client Manager, Small Business and Skills, ACT Chief Minister, Treasury and Ecnmic Develpment Directrate. Address: Nara Huse. 1 Cnstitutin Avenue Canberra ACT 2601 Mail: GPO Bx 158, Canberra ACT 2601 Internatinal callers: +61 2 6207 5111 (Internatinal call rates apply) Australian callers: 13 22 81 Email: migratinservices@act.gv.au Canberra. Create yur future www.canberrayurfuture.cm.au +61 2 6207 5111 Guidelines fr ACT Nminatin f a Business Innvatin and Investment (Permanent) (Subclass 888) Visa Business Innvatin stream Updated 1 July 2015 Page 6 f 7
Australian Capital Territry (ACT) Declaratin f Nminatin Obligatins Business Innvatin Stream Attachment A I (name)... (DOB) /../ f address)... d slemnly and sincerely declare that: The infrmatin cntained in my applicatin fr Australian Capital Territry (ACT) nminatin is true and accurate. I have successfully established r participated in a qualifying business in the ACT. I have maintained a substantial wnership and direct, cntinuus invlvement in the management f the qualifying business in the ACT. I have made a cmmitment t residing and setting in the ACT. Neither I, nr my spuse, have a histry f invlvement in business activities that are f a nature that is nt generally acceptable in Australia. Neither I, nr my spuse, have a histry f invlvement in bankruptcy r liquidatin prceedings. 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 (Permanent) (Subclass 888) 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././..