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Each State controls its borders, as the world discovered during COVID when Western Australia imposed the world’s most prolonged lockdown —even preventing those from neighbouring states from visiting family.
The same ‘Border Controls’ apply when deciding which investors they are willing to accept. While Australia benefits from direct inward investment, some States now limit the number of investors they are prepared to invite annually.
These pages explore the qualifying criteria for each State and Territory.
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Emigrating to Australia as an investor under the Business, Innovation & Investment Programme (BIIP) is by invitation only. Each State and Territory is allocated a quota of nominations by the Federal Government. The State then nominate potential investors to emigrate to their State until they have met their quota.
Therefore, an investor must first be nominated by a State or Territory to apply for an investor visa. Once secured, the State Nomination will enable the investor to apply to the Federal Government for a 188 visa.
In return for the States Nomination, an investor must commit to the State or territory for 4-years. In terms of investments and their primary residential address within Australia.
It is important to note: Each State, under federal law, holds the authority to impose additional local conditions on potential investors beyond the Department of Home Affairs requirements. As per its statutory right, a state may also stop accepting new investors without notice.
We advise our clients to be as flexible as possible when applying for State Nominations. It is possible to submit multiple requests for state nomination simultaneously. A client can then accept the State Nomination from their preferred State before proceeding with their visa application.
Currently, for business investment visas, Victoria presents the most significant challenges regarding academic qualifications or business experience required, target sector for investment and ongoing requirements for the business to achieve within the initial 4-year period. That said, for significant investors of A$5m, Victoria aims to provide State Nomination within 10-days from the date of application.
We hope to provide a snapshot of the current requirements and differences between States in the pages below.
Becoming established in Australia often requires securing relationships with key stakeholders, including government officials, bankers and corporate professionals. Our network of contacts helps our clients acclimatise to their new environment quickly.
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Each year, the Australian federal and state governments review the 188 visa programme to ensure it delivers the best possible outcomes for Australia. Where deemed necessary changes are introduced without advanced notice. State governments open and close the investor visa stream within their respective jurisdictions as deem necessary to meet the local economic objectives.
That said, once an investor secures an invitation to emigrate (State Nomination), any future changes to the emigration policy will not affect their case.
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