Visa 188D - Premium Investor stream

This visa is for people who are willing to invest at least $AUD 15 million in Australia and want to maintain business and investment activity in Australia. Applicants must be selected and nominated by Austrade.

Length of stay: 4 years and 3 months

1. Eligibility:

You might be able to get this visa if:

-         You are nominated by an eligible government organisation

-         You are invited to apply

-         You (and all members of your family unit ) satisfy certain health and character requirements

Premium Investor stream is by nomination of Austrade on behalf of the Australian government only. You must make a complying investment of at least AUD15 million in any of the following options:

-         Australian securities exchange listed assets.

-         Australian government or semi-government bonds or notes.

-         Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an AFS licenced debt rating agency.

-         Australian proprietary limited companies.

-         Real property in Australia excluding residential property.

-         Deferred annuities issued by Australian registered life companies.

-         State or territory government approved philanthropic contribution.

Income that you earn from your complying investment in Australia is subject to tax under Australian taxation law.

You must also have a genuine and realistic commitment to continue your business and investment activity in Australia after the conclusion of your provisional visa.

You, your partner (spouse or de facto), or you and your partner combined must have net assets of at least AUD15 million that are legally acquired, unencumbered, and available to be used to make the complying investment in Australia.

You and your partner must not involved in unacceptable business or investment activities.

You, your partner and other family members aged at least 18 must concur not to bring any action against the Commonwealth for any loss relating to your complying investment.

2. This visa lets you:

- Establish a new or develop an existing business and/or invest in Australia, make a designated investment with an Australian state or territory government, make and maintain complying investments in Australia or participate in a complying entrepreneurial activity in Australia

- Travel in and out of Australia for the life of your visa

- Bring members of your family unit with you to Australia

- Get permanent residence by applying for a Business Innovation and Investment (Permanent) visa (subclass 888).

3.Your obligations:

You and your family members who hold visas must comply with all visa conditions and Australian laws.

You must hold complying investments continuously for the life of your provisional visa.

You can switch among complying investments or among complying significant investments provided that:

-         Funds you withdraw from an investment are invested into other complying investments within 30 days

-         The sum withdrawn corresponds with the sum invested (irrespective of any gains and losses due to market exposures).

Funds invested into a complying investment within 30 days are taken to be held continuously from the original investment date.

Funds withdrawn from venture capital or emerging companies must be invested into venture capital or emerging companies. Funds withdrawn from the ‘balancing investment’ category of investments can be invested into another balancing investment, venture capital or emerging companies.

If funds are withdrawn from venture capital because the venture capital investment is realised, those funds must be invested, but can be invested in any eligible complying significant investment.

4. Extend your stay:

You can apply to extend your stay for an extra two years under a Significant Investor Extension stream. You can apply for this extension stream twice, giving you a maximum of 8 years on this provisional visa.

To be eligible for this extension stream:

-         You must already hold a visa in the Significant Investor stream, and:

-         Have had it for at least 3 years, or

-         Have not held more than one visa in the Significant Investor Extension stream

-         You must have a current nomination from a state or territory government agency

-         You must have a genuine intention to live in the nominating state or territory

-         You must have continuously maintained your complying investment or complying significant investment in accordance with complying investment framework in place at the time you applied for your original subclass 188 visa.

For more information, please contact us.

Nguyen Do Lawyers

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