Business Migration

What Happened to the Business Investor Visas

Migration sources report that the Business Innovation and Investment (Provisional) visa, subclass 188, closed to new applications on 31 July 2024. Applications lodged before that date are not cancelled, and they continue to be assessed under the rules that applied when they were lodged, though delays are possible. The related permanent visa, subclass 888, is reported to be available only to existing subclass 188 holders who meet the conditions of their stream, and not to new applicants.

The Business Talent visa, subclass 132, closed to new applications on 1 July 2021. Home Affairs continues to process applications lodged before closure. Do not plan a new application around this closed pathway; check the Department’s guidance on existing applications and any applicable refunds.

The government's replacement for the former business and global talent programs is the National Innovation Visa, subclass 858, which began on 7 December 2024. It is a permanent, invitation only visa, based on achievement and not on investment.

Home Affairs: closed Business Talent visa subclass 132 ↗

The Options That Remain

For a business owner or investor, the practical options today include the following.

1. National Innovation Visa, subclass 858. Permanent, invitation only, and assessed on exceptional and internationally recognised achievement. There is no investment threshold. It is best suited to people with a strong record in their field, and the dedicated page explains how it works
2. Employer sponsored visas. A skilled worker can be sponsored by an Australian business. Some founders consider whether their own Australian company can sponsor them. Sources disagree about how this works in practice, and the business must be genuine, operating and able to meet sponsor obligations, so take advice before relying on it
3. Skilled visas. If the founder has skills in an eligible occupation, the skilled independent, nominated and regional pathways may apply, and the business is not what is assessed
4. Regional visas. Provisional regional visas with a later pathway to permanent residence require living and working in a designated regional area, and may suit some business owners who are willing to relocate
5. State and territory programs. Some states have their own programs for businesses and investors, with changing priorities and allocations. Check the current programs of the states that interest you
6. Business visitor visas. A visitor visa for business purposes can allow short visits to explore the market, attend meetings or conferences, but it does not allow work and it is not a migration pathway
7. Existing visa holders. If you already hold a subclass 188 or have a pending application, special transitional rules may apply, so take advice on the specific stream

None of these is a simple replacement for the former investor visas. If you are looking for a visa that you can obtain by investing a set amount of money, there is no such general pathway open to new applicants as of the date of writing, according to the sources reviewed. Treat any offer that promises one with great caution.

How to Choose Between the Options

A handful of questions help narrow the choices.

1. What is the real basis of your case: achievement, skills, a job, a business you plan to run or an amount you plan to invest
2. Do you have an internationally recognised record in your field that could support an invitation to apply for the subclass 858
3. Do you have a skilled occupation and a positive skills assessment
4. Would you be willing to live and work in a regional area
5. Is there an Australian employer that would sponsor you, or a business that you own that could do so
6. What is your timeline, and what is your plan if the preferred pathway does not work
7. What is your budget, including assessments, charges and professional help
8. Where is your family, and what are their needs

A consultation can help you work through these questions, because the answer for a founder with a technology background is very different from the answer for a retail business owner.

The Role of the National Innovation Visa

The National Innovation Visa is the pathway most often discussed for founders and high achievers. It is not an investor visa. Sources report that it requires an expression of interest, that only invited applicants can lodge a visa application, and that the assessment focuses on achievement and recognition in a field, with priority sectors reported. It has no points test and no fixed investment amount.

If you believe you have a strong case, the main task is to document your achievements clearly and honestly. The dedicated page explains the invitation process, the evidence and the common reasons for failure.

Starting a Business in Australia

Some people want to start or buy a business in Australia before, or alongside, a visa application. A business and a visa are separate matters, and having a business does not by itself provide a visa. If you plan to set up or buy a business, think about these points.

1. Structure. Businesses are commonly run through a company, a trust or as a sole trader, and each has different legal, tax and liability consequences. Take advice from an Australian accountant or lawyer
2. Registration. Businesses generally need an Australian Business Number and may need other registrations or licences, depending on the activity
3. Foreign investment rules. In some cases a foreign person who buys land, an existing business or a stake in a company may need approval under foreign investment rules, so check before signing any contract
4. Due diligence. Before buying a business, review its accounts, contracts, leases, licences and staff arrangements with qualified professionals
5. Work rights. Owning a business does not give you the right to work in Australia on a visa that does not allow it, so check the conditions of the visa you hold
6. Immigration consequences. Money spent on a business does not guarantee any immigration outcome

Do not sign a contract, pay a deposit or move money on the assumption that it will lead to a visa.

Business Visits and Exploring the Market

If you want to explore opportunities in Australia, a visitor visa for business purposes may allow short visits for meetings, negotiations and conferences. It does not allow you to work for an Australian business, to sell directly to the public or to run a business day to day, and the Department looks at whether the activity looks like work. Conditions such as a restriction on further stay may apply, and on 17 September 2026 the Minister announced that a no further stay provision would be attached to visitor visas, with no start date given. Check the current rules before you travel, and do not plan to apply for another visa after arriving on a visitor visa without taking advice.

Home Affairs: visitor visa reform announcement, 17 September 2026 ↗

Costs to Plan For

Business migration costs depend on the pathway. The visa application charge is one part, and practitioners report that most charges increased on 1 July 2026, so confirm the amount for your visa in the Visa Pricing Estimator. Other costs may include:

1. Skills assessments, English tests and health examinations
2. State or territory charges, where they apply
3. Employer sponsorship charges and levies, where a business sponsors a worker
4. Legal, accounting and business advice
5. Business set up costs, registrations and insurance
6. Travel and relocation costs
7. Professional migration help, if you choose to use it

Charges are generally not refunded if an application is refused. Because some pathways involve a long wait, plan for the whole timeline and not only the visa.

Home Affairs: Visa Pricing Estimator ↗

Timing

Timing depends on the pathway. An invitation based visa depends on invitation rounds and priorities. Employer sponsored and skilled visas depend on assessments, nominations and processing times. Practitioner sources report that in September 2026 the Minister issued directions about priority processing for some skilled and employer sponsored applications, and the details can change. Check the Department's processing times guide and the current direction rather than relying on a blog.

Agents cannot make the Department decide faster, and no one can promise an outcome.

Home Affairs: visa processing times ↗

Example Profiles

These simplified examples show how different business owners may be pointed toward different pathways. They are illustrations only and not advice for any real case.

1. A founder with a strong public record in a technology field, with awards and independent recognition. The National Innovation Visa may be worth exploring, because it is based on achievement
2. A small business owner with a skilled trade qualification and relevant experience. A skilled or regional pathway may fit better than any business based option, because the skills, not the business, are assessed
3. An experienced manager who is offered a senior role by an Australian company. An employer sponsored visa may be the realistic route
4. An investor with significant funds but no distinctive achievement and no skilled occupation. There may be no direct pathway, and the person may need to consider a visitor visa for exploring options, together with independent business advice
5. A person who already holds a subclass 188 visa. Transitional rules may apply, and the conditions of the original stream matter

In each case, the profile and the current rules decide the answer, not the amount of money involved.

A Planning Checklist

1. Write down your achievements, qualifications, work history and business history
2. Identify which pathways are currently open and match them to your profile
3. Check whether you need a skills assessment, an English test or a nomination
4. Collect clear evidence of the source of your funds
5. Get independent business, tax and legal advice before you buy or restructure anything
6. Decide on a budget and a timeline, with a backup plan
7. Check any adviser's registration and ask for terms in writing
8. Take advice before you pay a large fee or move money
9. Review the plan again whenever the rules or your circumstances change

Warning Signs and Scams

Business migration attracts scams, partly because the money involved can be large. Be careful in the following situations.

1. Someone promises a visa in exchange for investing a fixed amount, when you have not checked whether that visa is open
2. An agent refers to a visa stream that has closed, as if it were available
3. You are asked to pay large fees before any assessment of your eligibility
4. You are asked to transfer money into a personal account, or to a business you have not checked
5. You are offered a fake job, a fake sponsorship or a fake business to support a visa application
6. A guarantee of approval or a guaranteed timeframe is given
7. The adviser is not appropriately authorised, or declines to show their registration details

Check any claim against the Department of Home Affairs website, ask for important terms in writing and take independent advice before you move money.

Considerations for Applicants From Pakistan, India, Bangladesh and Sri Lanka

The criteria are the same for every nationality, but business owners from South Asia often raise similar practical questions.

1. Source of funds. Banks, the Department and regulators may ask where your money came from, so keep clear records of income, business profits and asset sales
2. Moving money. Transfers between countries are subject to currency, tax and reporting rules in both countries, so take advice before you move large amounts
3. Business documents. Company registration, tax returns, financial statements and audited accounts should be consistent and, where in another language, translated
4. Family businesses. If your business is run by a family, be clear about your own role and ownership, and keep records that show it
5. Achievement evidence. For an achievement based visa, gather independent evidence, such as awards, media coverage, publications and letters from recognised experts
6. Agents. Choose carefully, and be cautious about anyone who offers a quick route for payment

Applicants from Europe and other regions follow the same rules, although their documents and business structures differ.

Mistakes to Avoid

1. Relying on information about visas that have closed
2. Assuming that investing or owning a business leads to a visa
3. Buying a business before checking the visa position
4. Moving money without tax and legal advice
5. Ignoring the genuine business tests that apply to sponsorship
6. Not documenting your achievements or work history
7. Applying for a pathway that does not fit your profile
8. Not having a backup plan
9. Falling for guarantees from unregistered agents

How Professional Help Can Assist

A migration professional cannot change the rules, guarantee a visa or make the Department decide faster. What a good adviser can do is tell you honestly which pathways are open, help you match them to your profile, review your evidence, explain sponsorship and nomination, flag issues with business plans, and advise you on what to do if your circumstances change. Business, tax and legal questions should be answered by qualified Australian professionals.

That kind of review is most useful before you spend money on a business or a visa application. Make sure anyone you pay for immigration advice in Australia is appropriately authorised, and ask to see their registration details.

Why Consider Migration Factor

Migration Factor provides information and assistance on Australian visa pathways, including business and skilled migration. We offer a free consultation where you can talk through your profile, your plans and your options before deciding on your next step. To arrange one, request a free consultation.

Frequently Asked Questions

Next Step

If you are a business owner, founder or investor trying to work out what is open to you, request a free consultation with Migration Factor. Please bring your resume, a summary of your business or achievements and your goals, so the conversation can be specific.