888A VIC

You must hold a Victorian nominated visa for at least three (3) years, either:

  • Provisional Business Innovation stream (subclass 188A) visa, and have held this visa for at least 3 years, or
  • a Victorian nominated Business Innovation Extension Stream (subclass 188E) visa

 

Live and work in Victoria

You must prove that you:

  • live in Victoria,
  • actively manage the day-to-day operation of your Victorian business, and
  • have met your Victorian business performance requirements.

 

English language skills

You must provide evidence that you or your spouse have one of the following:

An applicant with a High Performing Victorian Business can have the English skills requirement waived. Please see the section below on what is considered a High Performing Victorian Business.

 

High Performing Victorian Business

Owners of a High Performing Victorian Business are exempt from the English Language requirements.

Your business will be considered a High Performing Victorian Business if you are able to provide evidence of both of the following:

  • 6 or more full-time employees (or equivalent part-time employees) employed in the eligible Victorian business/es for no less than 6 months prior to nomination application, and
  • turnover of at least $A 2 million per annum for the last 1 year immediately before the 888A nomination application.

 

High Performing Victorian Business
A high performing Victorian business must evidence both

  • 6 or more full-time employees (or equivalent part-time employees) employed in the eligible Victorian business/es for no less than 6 months prior to nomination application AND
  • $2,000,000 turnover in the year before the subclass 888 nomination application.

Casual workers and/or contractors are excluded.

Evidence required (subclass 888): Evidence can be provided in the form of Profit and Loss Statements and superannuation statements at the time of the subclass 888 visa nomination application.

 

Eligible Full time Employee
The Skilled and Business Migration Program uses the Department of Home Affairs’ definition of Full-Time:

It is policy that ‘full‑time’ be regarded as referring to employees who normally work the agreed or award hours for employees in that occupation. Full‑time is typically 38 hours per week. If agreed/award hours do not apply, it is policy that full‑time be regarded as meaning “not less than 30 hours a week”.

Pro‑rata equivalent of the prescribed number of employees may be accepted for periods of less than a full fiscal year, particularly where businesses experience seasonal and/or market fluctuations. For example, four (full‑time) workers employed for 6 months may be considered equivalent to two (full‑time) workers employed for a full fiscal year. (Note that paid holidays may be counted as employment.)

Full‑time may also include, for example, positions subject to part‑time and/or job‑sharing arrangements provided the position is a discrete, identified job and the total number of hours worked by occupants in that position are at least 30 hours a week.

Casual employment, contractors/ other employees not paid a wage or salary are not accepted.

Evidence required:

  • Spreadsheet or table outlining the total number of hours worked by each eligible employee, and
  • Sufficient details and evidence to enable matching of the employees’ personal details against, for example, employment or business records such as taxation records, insurance, WorkCover, superannuation documents or similar business records identifying the employee by name.

These documents may include:

  • Employee contracts,
  • Evidence of direct wage/salary deposits to banks, or financial institutions,
  • Income and expenditure statement in the financial statement for that business,
  • Insurance documents, for example, Workers Compensation Insurance renewal declarations,
  • Wage and salary sheets,
  • PAYG payment summaries to the ATO,
  • Copies of PAYG certificates issued to employees,
  • Superannuation statements showing a history of payment for employees,
  • BAS.

 

You met your nomination obligations

You must have met the Victorian nomination conditions for the provisional Business Innovation stream (subclass 188A) visa.

You must have met the conditions that you signed in the Nomination Conditions Form.

 

[1] Job creation

You must also demonstrate that your business has created jobs in Victoria.

You must have employed at least 2 eligible full-time employees.

We may refuse your nomination application for a permanent visa (subclass 888A) if you have not employed at least 2 full time eligible employees.

Exemption: You could be exempt from this job creation requirement if your eligible business’ turnover is at least A$1million per annum for the 2 years before you apply for permanent residency.

 

[2] $500,000 investment into eligible Victorian business

You must provide evidence of $500,000 in business assets for a period of 1 year in your Victorian business/s.

You will be required to provide a balance sheet for the last 2 years showing a value of $500,000 or greater maintained for a 1-year period following your subclass 188 nomination.

 

[3] Change of business activities

The Victorian Government expects all applicants to undertake the business proposed in their nomination application. We understand that in some circumstances it may be necessary to change your business proposal due to circumstances beyond your control.

If you decide to change your business activity from the initial proposal provided in your Victorian subclass 188 nomination application, you must seek advice from the Victorian Government’s Skilled and Business Migration Program prior to undertaking any new business activity.

You must ensure the new business activity complies with:

Examples of businesses that have been successful in Victoria in this program include:

  • Technology development
  • Tourism and primary producer
  • Cosmetics manufacturing
  • Nutritional product manufacturing and export

Examples of business types that will not be accepted include:

  • property development
  • gift stores
  • convenience stores
  • dollar stores
  • franchises (unless international brand that is new to Australia)

 

If you are proposing to engage in export activity, you must be aware of the following information.

Q: Does your proposed export activity provide a direct contribution to the Victorian economy?

If you are proposing to engage in export activity, you must read and be aware of the following information.

You must not engage in ‘parallel exporting’.

 

Q: What is parallel exporting?

Parallel exporting is where goods are sold in an export market without the consent of the owner of the goods trademark.

You must demonstrate that you have not engaged in parallel exporting in your Victorian business when you apply for your permanent visa nomination.

 

Q: What evidence do I need if I am exporting goods?

Evidence may include:

Official certificate or agreement from the trademark owner authorising export activity.  Authorisation from the trademark owner to the supplier/distributor for export activity.

Correspondence (e.g. meeting notes, emails) showing the trademark owner understands the business migrant’s export intentions.

Partnership or contractual agreements between the trademark owner and business migrant.

 

Q: What is an example of parallel exporting?

For example, a Victorian business migrant purchases wine from a wine supplier or wholesaler. The brands purchased have existing and official export channels into the relevant country.

The business migrant only has a receipt of purchase and no additional evidence that shows the trademark owner is aware of, or consents to the business migrant exporting the wine.

This is an example of ‘grey market’ or ‘parallel exporting’ and is not permitted in the Victorian Government’s Business Innovation and Investment Program.

 

888A Permanent Visa
Australian Business Visa
888A NSW | 888A VIC | 888A QLD | 888A SA

 

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