188C SIGNIFICANT INVESTOR VISA

Only applicants who have been nominated by an Australian State or Territory government are eligible for this visa. The applicant must submit an Expression of Interest (EOI) using the SkillSelect system in order to be considered for nomination. 

This is a four-year temporary visa for those who are willing to invest AUD $5 million in Australia. The candidate can apply for permanent residence through the Business Innovation & Investment (Residence) Subclass 888 visa after maintaining an investment in Australia for four years. 

To apply for this visa, the applicants can be in Australia or abroad.  

If the applicant is based in Australia, the following steps must be taken: 

  •  A Substantive Visa or a Bridging A, B, or C Visa is required. 
  • The SIV 188 visa has the following benefits: 
  • There is no higher age limit. 
  • There is no requirement for English proficiency. 
  • no points test  
  • Allows for at least two extensions of two years each (if extension requirements are met) 
  • The 888 Permanent visa has a lower residency requirement (40 days per year for the primary applicant and 180 days for the spouse).

General Requirements for the 188C Significant Investor Visa (SIV) Stream: 

For the visa to be granted, the applicant must invest at least AUD 5 million in a “complying investment.” For the purposes of the Significant Investor Visa, a “complying investment” must include: 

  • At least $500,000 in venture capital and growth private equity funds that invest in small businesses and start-ups. 
  • At least $1.5 million in approved managed funds that invest in Australian Stock Exchange-listed developing companies. 
  • A $3 million ‘balancing investment’ in managed funds that may invest in a variety of assets such as ASX-listed firms, Australian corporate bonds or notes, annuities, and commercial real estate. 

VISA Requirements for Subclass 888: 

  • To qualify for a permanent subclass 888 visa, the applicant must have spent 40 days per year in Australia on a Significant Investor visa for the previous four years and be sponsored by a state or territory government. 

Assistance with opening bank accounts in the local banks. 

 ANZ Private can help you open up an Australian bank account before your arrival to make your transfer to Australia easier and to aid with the money placement for your initial SIV investment. 

  •  To schedule an appointment, simply call your nearest ANZ branch. 
  •  with your appointment, bring your account opening documents and personal identification. 
  • When you arrive in Australia, schedule a meeting with an ANZ Private Wealth Manager. 

The SIV Program of ANZ: Your Ticket to Australia. 

 The Significant Investor Visa (SIV) Program is a route for high-net-worth persons interested in relocating to Australia. The SIV grants the main applicant, as well as their immediate family and dependents, the right to work, travel, and study. 

  • ANZ Private provides a range of services to assist you in meeting the SIV Program’s requirements. 
  • Opening a foreign bank account. 
  • To place funds for your investments, you can use transactional banking services. 
  • Currency conversion and risk management solutions for foreign exchange. 
  • Financial advice on suitable conforming investments to satisfy the SIV investor’s investment needs and risk profile. 
  • You may make your transfer to Australia a successful and permanent one with the assistance of our experienced Asian Team. 

How do you become eligible for the SIV program? 

 Applicants who are selected will be expected to invest A$5 million in complying investments. After that, you will be given a provisional (subclass 188) visa right away. 

  •  The applicant must designate their chosen state or territory of residence as part of the SIV program, and the government of that state or territory must then approve the application. It’s crucial to remember that each state or territory has its own set of investment criteria. 
  •  You will be eligible for a (subclass 888) permanent visa after retaining your investments for a minimum of four years and meeting the residency conditions. 
  • During the four years that the visa is valid, you must spend at least 160 days in Australia. 

How can ANZ Private assist you? 

The specialized Asian Team at ANZ Private is dedicated to assisting you and your family in making the most of the SIV opportunity. 

 The ANZ Private Asian Team can assist you with the following: 

  •  Banking: Manage your routine banking needs with ease. 
  • SIV Investment Solution compliance: To meet SIV standards 
  • Investments and wealth planning are designed to assist you in the long run. 
  • Protect your income and valuables from unforeseen circumstances. 
  • Local rules and financial sources for business prospects are provided. 

We have members of the team that are happy to converse with you in Mandarin, Cantonese, or English if that is your preferred language. 

 Your specialized ANZ Private Wealth Manager and their support team have a profound understanding of Asian values and customs, allowing us to better serve Asian high-net-worth people. 

WHAT EXACTLY IS THE SIGNIFICANT INVESTOR VISA? 

The Significant Investor Visa (SIV) was launched by the Australian government in 2012 to allow foreign people with a net worth of at least AU$5 million to apply for permanent citizenship in Australia by investing in compliant Australian investments. 

 The SIV is part of the Department of Immigration and Border Protection’s Business Innovation and Investment Program (BIIP) (DIBP). 

 The Australian Government revised the SIV investment framework in 2015 to direct investments into areas that can contribute to Australia’s economic development. 

WHAT ARE THE REQUIREMENTS FOR A VISA? 

SIV mandates that the applicant invest at least AU$5 million in the following investments for a minimum of four years: 

  •  Minimum investment of AU$500,000 in venture capital fund(s),  
  • minimum investment of AU$1.5 million in managed funds that meet the emerging companies investment criterion, and the remainder in managed funds that meet the balanced investments requirements. 
  • The visa allows the applicant, as well as their immediate family and dependent members, to work, travel, and study if they meet official standards. 

WHY CHOOSE WESTPAC PRIVATE BANK AS YOUR FINANCIAL INSTITUTE? 

Westpac Private Bank, with its extensive knowledge in banking, finance, and investment, can give the necessary assistance to help you meet the requirements of the Significant Investor Visa. The SIV Flexible Investment Account, our product, gives you the following benefits: 

  •  Private bankers who work with applicants and migration agencies and are multilingual 
  • A team of experts that are familiar with the visa application process. 
  • Dedicated investment specialist who keeps you up to date on the latest investing options. 
  • A wide range of banking and wealth management services are available. 
  • An account that can be used to invest in a variety of complying investments. 
  • Choose from a variety of unique investing options. 

SIGNIFICANT INVESTOR VISA  

You can invest and live in Victoria with the Significant Investor visa. It is for eligible people who invest at least A$5 million in complying investments in Australia over a four-year period and wish to continue doing business and investing in Australia. 

The following are examples of compliant investments: 

  •  Investing in start-up and small private enterprises with at least A$500,000 in qualifying Australian venture capital or growth private equity fund(s). 
  • At least A$1.5 million in qualified managed funds or LICs that invest in emerging firms listed on the Australian Securities Exchange (ASX).  
  • a ‘balancing investment’ of up to A$3 million in the fund(s) or LICs that invest in a mix of eligible assets such as other ASX listed businesses, eligible Australian corporate bonds or notes, annuities, and Australian real estate (subject to the 10 percent limit on residential real estate). 

WHY CHOOSE WESTPAC PRIVATE BANK AS YOUR FINANCIAL INSTITUTE? 

Westpac Private Bank, with its extensive knowledge in banking, finance, and investment, can give the necessary assistance to help you meet the requirements of the Significant Investor Visa. The SIV Flexible Investment Account, our service, gives you the following benefits 

  • Private bankers who work with applicants and migration agencies and are multilingual. 
  • A team of experts that are familiar with the visa application process. 
  • Dedicated investment specialist who keeps you up to date on the latest investing options. 
  • A wide range of banking and wealth management services are available. 
  • An account that can be used to invest in a variety of complying investments. 
  • Choose from a variety of unique investing options. 

Victorian Government visa nomination 

Victoria supports qualifying Significant Investor visa candidates who desire to reside and invest in Victoria with flexible visa nomination. 

Through Victoria’s Significant Investor visa nomination program, you can get priority processing of your visa nomination application at no cost. Currently, applications are handled in five business days. 

Visa nominations are considered on a case-by-case basis, with the potential impact of your proposed compliant investments on the Victorian economy taken into account. 

SERVICES FOR SIGNIFICANT INVESTORS: 

You can get help from a global network of Victorian Government Business Offices and Significant Investment Managers as a Significant Investor. 

Significant Investment Managers assist Significant Investors and their representatives with information and referrals, such as: 

  •  Victoria’s the trade and investment prospects  
  • Requirements of Nomination for a Victorian visa and  investment requirement 
  • Victoria’s wealth management and financial services providers. 

In Shanghai/Greater China, Bangalore/South Asia, Kuala Lumpur/South East Asia, and London/Europe, Victoria has dedicated Significant Investment Managers. 

To apply for a Significant Investor visa, follow these steps: 

Step 1: Fill out an Expression of Interest form on the SkillSelect website run by the Australian government’s Department of Immigration and Border Protection. Choose Victoria as the location for your nomination. 

 Step 2: You will be sent an invitation to submit a visa nomination application. The Victorian Government will then examine your nomination application free of charge within five business days. 

 Step 3: After the Victorian government has recommended you, you will be invited to apply for a visa through SkillSelect. 

AUSTRALIA’S PATH TO PERMANENT RESIDENCE: 

 The Significant Investor Visa (SIV) is meant to attract foreign investment and give a fast track to permanent residency in Australia for businesspeople from all over the world. The Australian government has stated that the Significant Investor Visa (SIV) will be implemented on November 24, 2012. 

 Important Investor Visa (Download) | Chinese Services Group (SIV) 

What Deloitte can do for you 

Deloitte Immigration, in collaboration with Deloitte Private, is a network of professionals dedicated solely to providing immigration advice and assistance to high-net-worth individuals, small enterprises, and multinational corporations. 

 Deloitte has a solid working relationship with the Australian government and immigration authorities and has been instrumental in fostering a strong partnership between the government and the Chinese business community. 

Downloads 

  • Australian business and immigration solutions 
  • Australian business and immigration solutions for Chinese residents 
  • 为中国居民提供澳大利亚商务和移民方案的服务 

Our range of services 

 Immigration and Visas: 

  • Compilation of a business plan in accordance with Australian immigration regulations. 
  • Advice on visa eligibility, including how to apply for the right sort of visa for your personal situation and business goals. 
  • Application for both temporary and permanent visas must be completed. 
  • Having to deal with Australian immigration officials 
  • End-to-end immigration support, in collaboration with your legal and other consultants, to match your business’s needs. 

Advisory services for businesses: 

  • Workshops and training courses on Australian investing. 
  • Identifying possible investment targets depending on the criteria you’ve set. 
  • Identifying and collaborating with possible Australian partners. 

Advice on how to structure your business: 

  • Advice on how to set up your firm using the most appropriate structure. 
  • Market research, due diligence, business acquisition/establishment counsel, local regulatory information, and advice on financial options for business prospects. 
  • Shareholder difficulties and various exit alternatives are discussed. 
  • Assistance with opening bank accounts in the local area. 

Taxation advice  

  • Advice on the taxation system in Australia 
  • Tax planning for individuals and advice on resident/non-resident status. 
  • Services include asset protection, superannuation, wealth management, and estate planning. 

Accounting: 

  •  Payroll and bookkeeping assistance, as well as introductions to local service providers. 
  • Requirements for financial reporting and auditing 
  • Services for corporate and employer tax compliance. 

NORTON ROSE FULBRIGHT  

  • Introduction 
  • Refinements to SIV 
  • New additional investor gateway 
  • SIV and PIV – key differences 
  • Next steps 

Introduction: 

 Fund managers should keep a careful eye on the execution of the government’s proposed modifications to the business investor visa regime, which were announced in October 2014. The Australian Government announced modifications to the Significant Investor stream (SIV) of Sub Class 199 Visa as a consequence of a study of the Business Innovation and Investment Programme, which covers the Business Innovation and Investment (Provisional) visa (subclass 188) (Sub Class 188 Visa). In light of the suggested modifications, fund managers may need to examine and alter the structure and documentation of new and existing SIV-managed investment schemes. A new streamlined approach for premium (A$15 million) investors is also available to fund managers. 

SIV has been refined in a number of ways, including: 

  •  Encumbering complying investments or using them as collateral for a loan is prohibited. 
  • Secondary (family) applicants must reside in Australia for 180 days per year. 
  • In addition to the Australian states and territories, Austrade has been included as a nominator to focus on investment in the right sector. 
  • Allowing primary and secondary candidates to shift roles during the provisional visa stage in order to meet residency criteria. 

It remains to be seen whether the aforementioned adjustments will have a substantial influence on the flow of SIV applications. As of September 30, 2014, primary applicants for SIV visas have invested more than $2.18 billion in Australia, with another 595 candidates in the queue, representing little over $3 billion in investments. 

A new investment portal has been added: 

 There are three streams of the Sub Class 188 visa: Business Innovation, Investor, and SIV. In a nutshell, the SIV is a state or territory-designated pathway under the Business Innovation and Investment visa program that requires the applicant to invest at least $5 million in complying investment for a minimum of four years. 

The creation of a new fourth stream, the Premium Investment stream, has been announced by the government (PIV). The PIV is a 12-month track to permanent residency that is meant to be faster than the Significant Investor stream. A $15 million investment in approved investments is required of a PIV candidate. 

SIV and PIV – key differences 

The key differences between the SIV stream and the proposed PIV stream are highlighted below. 

 

Features  Significant investor visa  Premium investor visa 
Timeframe for permanent residency   The significant investor (sub-class 188) visa is a four-year temporary visa with a path to permanent residency.  After 12 months of maintaining their investment, applicants who apply under the premium investor visa stream will be eligible for permanent residency. 

 

Nomination requirement  Before being invited to apply for this visa, applicants must be nominated by a state or territory government. A planned amendment to the SIV stream is that Austrade will also be a nominating agency. 

 

Austrade will be the exclusive source of nominations. 
Minimum investment amount   

Applicants must make a ‘complying investment’ in Australia of at least A$5 million. 

 

Applicants must make a minimum investment of A$15 million in “complying investments.” 
Complying investment   

One or more of the following items are usually included in a ‘complying investment’: 

  

  1. Bonds issued by Australian states and territories  
  1. An investment in a managed fund for the following purposes, as stipulated by the Minister in a written instrument: 
  • Australia’s infrastructure initiatives; 
  •  Deposit-taking institutions in Australia hold cash (including negotiable certificates of deposit, bank bills, and other cash-like products); 

  

  • bonds issued by the Commonwealth or a state or territory government 
  •  bonds, equity, hybrids, or other corporate debt in corporations and trusts listed on any Australian Stock Exchange (or scheduled to be listed within the next 12 months); 

  

  • Australian financial institutions offer bonds or term deposits;  
  • Australia’s real estate 
  • Agribusiness in Australia; 
  • Section 9 or 12A of the Life Insurance Act 1995 applies to annuities provided by an Australian licensed life business. 
  • derivatives used for portfolio management and non-speculative reasons that account for no more than 20% of the managed fund’s total value 
  • mortgage-backed loans secured by the investments 
  • other managed funds that invest in the investments listed above.

The following list may alter to align the criteria for compliant investments with the government’s national investment priorities, according to certain reports. 

 Changes to the list of permissible managed fund investments that SIV complying managed funds can invest in, either on a class of assets basis or on a case-by-case basis, could be one example. 

Austrade will be in charge of establishing what qualifies as a compliant investment for the purposes of PIV. 

 Austrade is still debating these additional policy obligations (and expects to work with stakeholders as part of the process of evaluating PIV and SIV compliance investment policy settings). 

It is anticipated that any investment parameters set by Austrade will be in accordance with the federal government’s national investment policy, based on the government’s request to match the criteria for complying investments with the government’s national investment priorities.  

 The following are some possible investment sectors: 

  • food and agribusiness 
  • mining equipment technology and services 
  • oil, gas, and energy resources 
  • medical technologies and pharmaceuticals 
  • advanced manufacturing 
State restrictions on investment apportionment   Applicants seeking an NSW nomination will be able to invest 100% of their funds in the ‘complying funds’ of their choice. Each Australian state has its own requirements for how the A$5 million must be divided among complying investments. Applicants seeking an NSW nomination will be able to invest 100% of their funds in the ‘complying funds’ of their choice.  See above. The Government has not yet released any apportionment requirements regarding investment in complying investments. 
Other restrictions  Applicants will be barred from using compliant investments as collateral for loans. This would affect managed funds, which let investors borrow against their investment and repatriate the funds.  At this stage, no encumbrance restriction has been specified. However given the objective of PIV is to enhance the inflow of foreign investment into Australia, it seems likely that any borrowing against complying investments and repatriation overseas would be restricted (ie to be consistent with that objective). 
Residency requirement  Currently, the major applicant must spend at least 40 days in Australia for each year or part-year that they have had a provisional Significant Investor visa. The residence period does not have to be completed in a single year, but can be completed during the course of the primary visa holder’s provisional visa. 

As a result, the applicant must spend a minimum of 160 days in Australia throughout the duration of the four-year visa (cumulatively). 

 For secondary SIV applicants, the government plans to establish a new 180-day per year residency requirement (ie. family members of the primary SIV applicant). The principal applicant’s residency requirements have not changed. 

At this stage, no minimum residency requirement for either primary or secondary applicants. 
Visa extensions  On their provisional visa, applicants can seek up to two more two-year extensions. 

 The applicant must have held a provisional Significant Investor stream visa for at least three years or not have held more than one provisional visa in the Significant Investor Extension stream while applying for an extension. 

It has not yet been announced whether extensions will be permitted under PIV. 

Significant and Premium Investor Visa Programmes 

Changes to the Significant Investor Visa (SIV) and the introduction of the Premium Investor Visa (PIV)

The PIV was added to the Business Innovation and Investment (Provisional) (Subclass 188) and the Business Innovation and Investment (Permanent) (Subclass 888) visas on July 1, 2015. 

A new Complying Investment Framework applies to SIV applications filed on or after July 1, 2015. The Austrade website has further information about the new Complying Investment Framework, including a one-page summary of the framework. 

Please keep in mind that the rules in effect at the time you applied for your SIV will apply during the period of your provisional visa, as well as any Extension stream visas you apply for that are related to that provisional visa. If you applied for an SIV before July 1, 2015, the rules that were in effect at the time will continue to apply to you. 

Documentation Guide for Business Innovation and Investment Visa Applications from PRC Residents – Guidelines on Documentation Requirements for Applicants from the People’s Republic of China (pdf, 907kb)  

2015/09  Frequently Asked Questions regarding Changes to Complying Investments for the Significant Investor Visa and the Addition of the Premium Investor Visa for SIV applications submitted on or after July 1, 2015 (pdf, 295kb). 

Subclass 188 SIV Document Checklist (pdf, 431kb) 

(Please keep in mind that the Visa Office may request additional documents on a case-by-case basis, depending on the circumstances.) 

2016/03  Document Checklist for Subclass 188 SIV applications submitted before July 1, 2015 (pdf, 409kb) 

  

(Please keep in mind that the Visa Office may request additional documents on a case-by-case basis, depending on the circumstances.) 

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