In Short
- Australia offers a stable economy and skilled workforce, making it an attractive location for small business growth.
- Key steps to starting a business include choosing a structure, registering for an ABN, and complying with local laws.
- Entrepreneurs can apply for business visas such as the subclass 188.
Tips for Businesses
If you’re planning to start a business in Australia, ensure you understand the legal and visa requirements. Choose the right business structure, register for an ABN, and meet all tax and legal obligations. Consider consulting a legal expert to navigate visa options and local regulations.
If you operate a successful business in your home country, you may have options to establish a new business or expand your existing business within Australia. In this article, we will look at some of the visa options available to you if you want to run your own business in Australia.
Do I Qualify For a Business Visa?
The business innovation and investment visa (subclass 188A – business innovation stream) was a common pathway for people who wanted to establish a business in Australia if they could demonstrate a track record of successfully owning and managing businesses and having significant personal assets.
However, a new Migration Strategy was announced on 11 December 2023, in which the government revealed that reviews of the Global Talent Visa and the Business Innovation and Investment Program (BIIP) indicated that these programs may not be delivering the desired impact. The government is considering a new, single Talent and Innovation visa (likely to begin in 2025) and has confirmed that it will not provide any new allocations for the BIIP visa.
Do I Qualify for Any Other Working Visas?
For most skilled individuals who wish to live and work in Australia, the two most common visa options are an employer-sponsored visa or a points-tested skilled working visa.
If an employer-sponsored visa does not work for you, you may need to apply for a points-tested working visa (subclass 189, 190 and 491). If you are granted a points-tested working visa, you will likely be able to conduct your own business as long as you stick to the conditions of your visa. The visa must be a permanent residency visa and there must not be any self-employment restrictions attached to it.
However, it is important to note that a skilled visa is invitation-only. The application process can take up to one year, as outlined below.
1. Check That Your Occupation Qualifies
Your occupation must be listed on the combined skilled occupation list, which lists occupations currently in demand in Australia. Your occupation will determine which visa (and stream of that visa) you can apply for.
2. Submit an Expression of Interest
The 189, 190 and 491 visas are invitation-only. This means you must submit an expression of interest (EOI) before you can be invited to apply.
Regarding the 190 and 491 visas, some states and territories will also require you to lodge a registration of interest (ROI). The ROI is lodged with the specific state or territory government. If the state or territory government accepts your ROI, they will ask you to lodge an EOI for the 190 or 491 visa with DOHA.
These are points-tested visas. Points are acquired for numerous reasons, such as:
- age;
- education level; and
- years of experience in the skilled occupation.
3. Invitation to Apply
If DOHA accepts your EOI, you are invited to apply for the 189, 190 or 491 visa. An invitation to apply is based on the points you declared in your EOI compared to all other lodged EOIs. Even if you reach 65 points, DOHA may not invite you to apply, as the process is highly competitive.
You must also satisfy the specific requirements for that visa and pass the health and character requirements.
Sponsoring overseas workers as an Australian business is complicated. Let us simplify it for you with this free employer guide.
Types of Points-Tested Working Visas
Skilled Independent Visa (Subclass 189)
The skilled independent visa is a permanent residency visa that allows you to work and live in Australia. Under this visa, your right to work is generally not restricted.
To apply for this visa, you must have at least 65 points. However, as the process is highly competitive in high-demand occupations, the points threshold may be closer to 85-100 points in order to receive an invitation.
Skilled Nominated Visa (Subclass 190)
This visa is also a permanent residency visa. It is very similar to the 189 visa, but also requires state or territory nomination. Furthermore, your occupation must also be on the occupation list for the 190 visa for the specific state or territory from which you seek the nomination. This nomination adds an extra 5 points to your EOI. If you are granted a skilled nominated visa, you must reside in the sponsoring state for the first two years that you are in Australia.
Skilled Regional (Provisional) Visa (Subclass 489)
The skilled regional (provisional) visa is a temporary visa that requires you to live in a designated regional area for up to five years. Like the 190 visa, this visa requires state or territory nomination, and your occupation must also be eligible for state or territory nomination under the 491 visa.
Please note that the requirements for the 190 and 491 visas vary by state and territory.
Key Takeaways
If you wish to run your own business in Australia, several visa options are available. The temporary skills shortage visa is a good choice if your employer sponsors you. Additionally, other options include the skilled independent visa (subclass 189) or the skilled nominated visa (subclass 190).
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Frequently Asked Questions
Australia offers a stable economy, favourable tax incentives, and a strong legal framework for protecting business interests. The country’s skilled workforce and access to global markets make it an ideal location for small business growth.
The skilled nominated visa is similar to the skilled independent visa but requires an Australian state or territory nomination. In return, visa holders must commit to living and working there for at least two years.
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