In August 2022 the States and Territories were only given a total of 810 allocations for 188 visas. All states and territories aside from Move to South Ausralia have now run out of business visa allocations.
On 8 December 2022, the Migration Program Planning Levels for 2022-2023 were released.
Unfortunately, the Federal Government did not allocate any more places to any of the states/territories for Business Investment Visa 188.
So with no state nominations available, the Federal Government has effectively closed the 188 visa for this migration year, up until the 30 June 2023.
This is a type of stealth closure, without an announcement by the Federal Government, but with the same effect.
The 188 visa is called the Business Innovation and Investment Program (BIIP).
Entrepreneur stream- Visa 188E Australia. This visa stream lets you carry out entrepreneurial activities in Australia. You can stay for up to 5 years .
Each stream requires that the applicant to obtain state nomination before lodging a visa.
With no further allocations available to the states from the Federal Government, the 188 has been effectivly closed up until 1 July 2023.
Many Americans fight hard for their Permanent Residency in The State and a green card. As a result, they are pondering their options.
While Canada is a geographically closer option, Australia offers a practical and attractive option for US citizens looking to move abroad temporarily or permanently.
Australia has a lot of types of visas to offer for Americans who are interested in getting an Australia permanent residency or citizenship.
In this article, we explain all possible Australian visa options available to US citizens.
1) The Subclass 462 Work and Holiday Visa
The Work and Holiday visa 462 suits young Americans aged 18 to 30. There is an ongoing review to increase the age limit to 35 years of age, but that is not in effect as yet. Other requirements for the visa are:
- You must have a Senior Secondary Certificate of Education or equivalent.
- Have approximately AUD 5000 available as travel funds
- Hold travel health insurance
- Be healthy and have no criminal records
The visa is valid for 1 year and an extension for additional 2 years is possible if you have met specific work requirements, usually in specified high-needs industries in the regional areas of Australia.
While this visa is temporary for a minimum of 1 year and a maximum of 3 years, you may be eligible to apply for other visas for further stay in Australia after that.
If you have skills or qualifications in America, you may be eligible for more visas mentioned below. Otherwise, you can start with a student visa to start your way to Australian Permanent Residency.
Overall, This working holiday 462 visa is a fabulous opportunity for young Americans to visit and work in Australia to see if they like what Australia offers.
2) Skilled Migration visas: Visa 189 Skilled Independent, Skilled Nominated Visa 190, Skilled Regional Visa 491
Post-Pandemic Covid-19, Australia needs skilled professional and technical workers. US citizens are in the right mold because of the following factors:
- Excellent English abilities
- Accredited and easily verifiable education qualifications and work references
- Easier transition to an English and Western work environment and process
The upper age limit for these skilled visas is 45 years and below. You are likely someone who has completed a tertiary qualification and has worked a few years or more.
These skilled visas are a pathway to Australian permanent residency, allowing you and your family to live in Australia for as long as you want.
Especially the skilled independent visa 189, the Australian Department of Home Affairs is doing its best effort to attract skilled people worldwide post-pandemic hit.
Recently, they have invited more than 10,000 skilled migrants to apply for this visa 189 - direct Permanent Residency of Australia.
Skilled nominated visa 190 is also an Australian PR with a direct grant, however, it could be more selective to some popular states like Victoria or NSW as this visa is state based visa with different requirements for each state.
Australia is facing a severe skills shortage, particularly in regional areas which are South Australia, Tasmania, Western Australia, Northern Territory, or even Regional Areas of metro states like Queensland, Victoria or NSW.
With this 491 Visa, you may live and work in the regional area of Australia and has a pathway to Visa 191 Permanent Residency once certain requirements (The primary one is the income threshold of 53,900 per annum) are met.
As a permanent resident of Australia, you will be eligible for social benefits including cheaper education, universal healthcare (Medicare), welfare (criteria apply) and more.
Watch this video below to understand more about Regional and Metropolitans and what incentives you might get for living and working or studying in Regional areas of Australia.
Contact Work Visa Lawyers today to find out if you are eligible for the skilled visas mentioned.
3) Employer Sponsored Visas – TSS 482 visa, PR 186 visa and RSMS subclass 187 visa
Do you work for a large multinational corporation in the United States? Does the company have an overseas office in Australia? If they do, you may look for an overseas transfer by being sponsored by the Australian office of your current employer
While this would involve the endorsement and approval from your employer, this also means that you arrive in Australia with a job in hand.
Not just being employed by a multinational corp, if you are being offered a job in Australia, you may be eligible to ask for sponsorship. Most genuine businesses in Australia can nominate foreign skilled workers.
This is reflected in the new Ministerial Direction 100 about Skilled Visa Priority Processing.
It states that Skilled Visa program and Employer sponsorship program will be prioritized and offshore skilled migrants will be favoured.
Amongst all employer-sponsored visa, TSS 482 Visa is the most popular one with pathway to Permanent Residency of Australia for certain occupations which are listed in medium and Long Term Strategic Skilled List (MLTSSL).
Watch this video to learn more how a 482 Visa can help you get PR in Australia
The team at Work Visa Lawyers can provide dedicated visa services to the individual and professional corporate services to the sponsoring company. We ensure the best interests of both the employee and employer are catered to when applying for employer-sponsored visas.
This is a fast-tracked Permanent residency visa, Global Talent Visa Australia is the most popular one during pandemic for Offshore Skilled Migrants. Work Visa Lawyers has done a lot of cases for American highly skilled persons who got Permanent Residency and moved to Australia during Covid-19.
The Global Talent visa application process is simpler, faster and more affordable than many other Australian visas, so naturally, this makes it very popular. No age limit or points is testing and it grants immediate Permanent Residency
In General, visa applicants are required to meet the following 4 core requirements to be able to apply for a Global Talent visa:
Skills in a relevant field - There are 10 targeted sectors in Global Talent Visa to fit your skills in
Internationally recognized for outstanding achievement in your field - You may use your career history or publications. GTI 858 Visa (Global talent Visa) is quite popular for PhD graduates.
Salary Income Threshold - Your annual salary income with currency exchange must meet the high income threshold of AUD$162,000 or you need to prove that you have secured a job offer with higher income than the threshold.
Nomination - You need to have a prominent nominator in your field of expertise.
5) Business innovation and investment visas – for current business owners and managers, investors and entrepreneurs
Australia welcomes successful business owners, investors, and entrepreneurs on the rise. Visas available under this category include:
The Business Innovation Visa 188a stream is unsurprisingly the most popular amongst all business visa Australia because of its lower capital requirements than the investor stream and the Significant Investor Stream. But it requires a points test, English, Business establishment experience, and more.
The Significant Investor Visa 188C stream requires none of those mentioned above; however, the investment amount is set at 5 Million Australian Dollars into Australian Complying Fund.
Business visas to Australia can be complex, and you will need a detailed assessment before applying. The experienced Registered Migration Agents at Work Visa Lawyers can assist you with the initial eligibility assessment and handle the complex visa application on your behalf in an efficient manner. Contact us today to learn more.
While the above lists the most common Australian visas for US citizens looking to move abroad, there may be other visa options including student visas, distinguished talent visas and so on. Each individual and family have their circumstances, therefore you should speak to a Registered Migration Agent to discover your options before deciding what is best for you and your family in the short and long term.
Comments by Chris Johnston – Principal Immigration Lawyer at Work Visa Lawyers
Australia is an ideal destination for US citizens looking to explore and discover a different country. The people, culture and environment are not vastly different from the United States so there will be less of a culture shock to Americans looking to move. Australian cities also consistently rank high in the top ten among the world’s most liveable cities or cities with the highest quality of life.
Work Visa Lawyers has received inquiries from new and past clients about Australian visa options to move to or remain in Australia. Get in touch with us today to speak about how Work Visa Lawyers can assist with your intentions to make Australia your temporary or permanent home.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
States have announced that they are running out of allocations as they are working from a interim allocation of about 800 places. 800 places for all states and territories are too short to fill up the demand of the Business and Investor visa program in Australia.
Watch our full video about Business Visa news in November 2022 here:
In that, QLD and NSW have already used up their interim allocation and closed the program temporarily. VIC and SA are very careful in selecting the applicants. SA decided to temporarily close the Investor Stream 188B and Significant Investor Stream 188C streams.
Hopefully, the states can receive further allocations for the Business Visa Australia shortly after the Federal Budgets announcement and open to all the streams.
Now, let's look at some of the most popular stream in Business Visa 188 Australia and why should you go for it.
The 188A Business Innovation stream remains popular among applicants all over the world. This is because it has lower capital rewquiremetns than the investor path, and builds on the applicants existing business skills.
The 188C Significant Investor stream is the most simple one except for the amount if investment fund with NOT much criteria including:
No Age limit (good for parents who are not able to do parent visa 143);
No English Requirement (You only need to pay for the secondary fee for non-english applicant);
No Qualification or Business Skills and experience required;
No Points Test (Business Innovation stream 188A and Investor Stream 188B requires Points Testing)
In order to find your best Business and Investor Visa Australia, please use our Business Visa Compare tool:
Business and Investor Visa news recap
There is still a shadow over the 188C visa which requires a 5 million dollar investment.
"I think most Australians would be pretty offended by the idea that we've got a visa category here where effectively you can buy your way into the country,"
"I don't see a lot of great benefits to the country currently." When she was asked by Andrew from Sky News if the Golden Visa Australia (Significant Investor Visa 188C) might be abolished.
The minister has criticized the Significant investor visa to be bringing in older people who can cost the budget.
=> Applicants wish to put in a SIV application need to take actions as soon as possible.
Or, you may consider to apply for a 188B - Investor Stream instead.
Similar to 188C, 188B Visa requires applicants to invest 2.5 million Australian Dollarto the complying investment fund of Australia. It also has a pathway to Australian Permanent Residency.
The 188B Visa has grown in popularity recently and the comments on the SIV may make more people consider the visa 188 Investor stream.
The final category is the 188E Entrepreneur Stream.
While it has no capital investment requirement, the level of interest is surprising low. This may be because the of the requirements being harder to quantify or predict.
The 188E visa requires applicant to show innovated business ideas.
State such as SA and Victoria require endorsement from service providers or investor incubator bodies.
There is a pathway to permanent residency after you hold the visa for 2 years and have a successful record of entrepreneurial activities.
Ministerial Direction 100 - Business Visa Processing
Following the Federal Budget, there is a new Ministerial Direction 100 for skilled visa processing priority instruction published recently.
The new labor government has pointed out that their primary focus at this stage is to:
- Clear the visa backlogs caused by the delay in processing time during Pandemic Covid-19.
- Address skills shortages
The government will still process efficiently those skilled visas in the near future to make the visa backlogs to a manageable level before Christmas.
The following skilled visas are subject to Ministerial Direction No. 100:
In the last point of the Direction 100 Factsheet, it says that the Government will reduce priority to some programs to shift attention to skilled visas such as State Nomination, Employer Sponsorship program.
The report states that this reduction will help increase efficiencies in reducing processing times across caseloads. This is reflected by the total allocation number of those programs this financial year 2023.
However, Visa applications for the Global Talent and Business & Investment program will still be processed efficiently in line with the planning levels of the Migration Program.
Summary of current Business Investment Visa Australia situation
In summary, the allocations are now lower, at 5000. But with only 800 state allocations so far, there is still over 4000 potential places to be sending out in the next 7 months.
The demand on the Business Investment visa 188 is still high so the new allocations could be filled quickly. Imagine the 800 allocations have been filled within 2 months since announcement, the rest is expected to be running out soon in 3-4 months.
This leads to a more selective process from the government. That means your documents and profile must be clear and well-managed to be successfully get the visa 188.
An application for business or investment visa Australia must be handled with care as it involves demonstration of significant assets (AUD 2.5 - 5 million) and the preparation to liquidate the amount for transfer into the complying investments before the visa is granted.
The team at Work Visa Lawyers has extensive experience in compiling financial and business documents from different countries and submitting the information in an organised manner for the DHA to process the documents smoothly.
Today we are going to talk about the recent news about business innovation and investment visa 188 in Australia.
There is not so much good news regarding the Business and Investment Visa in Australia recently from the minister's talk and the Business Visa Allocation announced in late August 2022.
There are comments that Investor Visa streams do not bring benefits to Australia or are being criticized by the Minister of Home Affairs, Ms Clare O'Neil and the Grattan Institute.
State criteria has become more difficult for the Business Innovation stream 188a visa with higher points score. This is due to the low allocation provided by the Department of Home Affair which makes it harder to nominate applicants for states and territories.
Though there is negative news, the business and investor visa program is still very beneficial to Australia on my perspective. There are a lot of values it brings that are mentioned in the video.
It becomes more difficult to get a 188A, the applicants need to apply for ITR and be invited to apply for nomination.
Other than that, applicants must:
- Score at least 80 points in the points test (including state nomination points).
- Provide a business plan detailing the economic impact of your proposal to South Australia
A business plan will be given more weight in terms of nomination ranking factors.
It is also more difficult to get 888A Business Innovation Stream (PR Australia):
Higher investment requirement, 300k instead of 200k, AND
2 full-time employees
Director's loan is not considered as business asset by Move to SA.
It wants the 188A visa holders to spend the money in SA to show Benefits to the State!
Business and Investor Visa QLD
Migration Queensland advises that the interim nomination allocation (quota) for the business program (BIIP) has now been filled.
However, the business program remains open and MQ will continue to process applications – although we are unable to nominate on Skillselect.
MQ is currently awaiting further advice from Home Affairs as to when this final allocation will be provided.
For applications that are already submitted to MQ, and would like to withdraw to apply to another state or territory, please contact us here.
SIV news from the Minister’s talk
In the latest talk, Minister Clare O’Neil mentioned:
"I think most Australians would be pretty offended by the idea that we've got a visa category here where effectively you can buy your way into the country,"
"I don't see a lot of great benefits to the country currently." When she was asked by Andrew if the Golden Visa Australia might be abolished.
The minister has criticized the Significant investor visa to be bringing in older people who can cost the budget.
Investor Visa Australia - Comments from Grattan Institute
These comments reflect what has been published by the Grattan Institute, a private research body in which recommends public policy.
The Grattan Institute has put forward the view that business migrants pay less tax over the lifetime than skilled visa migrant workers.
The institution seems to be criticizing all 4 streams of the business and innovation program.
What is the future for Business and Investor Visas Australia?
There is a strong possibility that the Federal Government will totally cut the Significant Investor Visa stream of the 188 sometime in the future.
There is also an unanswered question that will also cut the investor visa.
This is also referred to as the 188B Visa Australia.
It requires a 2.5 million investment into the complying fund.
But the investor is difficult because it does have a prerequisite of investment experience and an age limit of 55.
We still need more time to see what is going to happen with the Significant investor stream and the investor stream.
In the meantime, it is still available and no ministerial guidelines about the abolishment of the program.
Chris's comment on current Business and Investor Visa news
I personally don’t agree with the analysis of the Minister nor the Grattan institute
The measure of individual tax payment does not reflect the true benefits of business and investment visas.
These include:
Create capital for small businesses or venture capital funds
Create more jobs for Australians
Export Australian products especially 188a visa stream
Create ties to increase international relations.
Can promote regional property development, especially for 188A stream
What to do now?
With limited allocations, it is no doubt the business visa program will become more difficult
The quotas can be filled very quickly before this financial year ends.
There is also the possibility that some of the 188 visa streams will be cut.
So if you are interested in a business and investment visa in Australia, you should consider applying soon.
If you want a business visa in Australia, please book an appointment or use our Business Visa Compare tool.
With Business visa compare, you only need 5 minutes to answer some simple questions and get your best business visa options.
Australia is always the top desitnation for family to enjoy the quality of living standard, education and outdoor activities. Work Visa Lawyers has professional Immigration Lawyers and Agents to deal with your Visa matters. We also have trusted financial advisory partners who are eligible to manage your investment portfolio in Australia.
For a quick assessment of your best Australian Business Visa options, please visit our FREE assessment tool: Business Visa Compare
More about the Business Visa Australia Agents and Lawyers
Understanding the difficulties in choosing the best Australian Business Visa options, Business Visa 188 Agents and Lawyers team have worked together to create this tool to help experienced business owners or investors find their best Business and Investor Visa options in Australia.
Work Visa Lawyers has strong immigration knowledge and committed to keep updating our website and Business Innovation and Investment news in Australia.
Work Visa Lawyers ® is a migration firm founded by Lawyer Chris Johnston in 2011. Our team is focused on providing quality immigration services to our clients, wherever they are in the world. We speak English, Mandarin, Cantonese, Punjabi, Hindi, Tagalog (Filipino), Portuguese and Vietnamese.
We can help you with the Business Innovation and Investment (Provisional) visa (subclass 188) for the following four streams and Global Talent Visa:
We are experts in Business and Investor Visas 188 and Global Talent Visa 858 in Australia. We help overseas business owners, investors to create a new life in Australia with their family much faster through those visa streams.
