Business Innovation Extension Stream [Visa subclass 188]

This provisional visa lets holders of the Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream extend their stay in Australia for 2 more years, or up to 4 more years if COVID-19 concessions apply.

You must

- Hold, or in certain cases must have held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream

- Hold, or in certain cases must have held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream

- Have held the Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream for at least 3 years

- Not have held more than one Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream visa

- Be nominated by a State or Territory government agency.

With this visa

You can

- Operate a new or existing business in Australia

- Travel to, enter and remain in Australia for 6 years after the date of the grant of the Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream that you held at the time of application; or up to 8 years if COVID-19 concessions apply

- Bring eligible members of your family with you

- Apply for a permanent Business Innovation and Investment (Permanent) visa (subclass 888) Business Innovation stream if certain requirements are met.

How long you can stay

This is a provisional visa. You can stay in Australia for up to 6 years after the date of the grant of the Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream that you held at the time of application; or up to 8 years if COVID-19 concessions apply.

The visa is granted with multiple entry. You can leave and re-enter Australia as many times as you want while the visa is valid.

The visa starts on the date the Home Affairs grant it.

Stay longer

This is a provisional visa. You must apply for a new visa if you want to stay longer. Once you have this visa, you can apply for permanent residence through the Business Innovation and Investment (Permanent) visa (subclass 888) Business Innovation stream if certain requirements are met. Explore your visa options.

Include family

You can include members of the family unit in your application when you apply. You can also add your dependent child to your application at any time before the Home Affairs decide on your application.

Family members who apply for the visa must meet the health and character requirements.

In order for the primary applicant to be granted the visa, family members who are not coming to Australia must meet the character requirements, and might have to meet the health requirements.

Cost

This visa costs AUD645 for the main applicant.

There is also a charge for each family member who applies for the visa with you:

- Additional applicant over 18 years old: AUD325

- Additional applicant under 18 years old: AUD165

You must pay an extra charge for any applicant 18 years old or older who has less than functional English unless this charge has already been paid for a previous subclass 188 visa application. This charge is the second instalment. Pay it only when the Home Affairs ask you to. The Home Affairs will refund the charge if the Home Affairs do not grant you the visa.

The second instalment charges are:

- Main applicant: AUD9,795

- Family members: AUD4,890

To work out what your visa will cost use the Visa Pricing Estimator. The estimator does not take into account the second instalment or other costs. You might also have to pay other costs for health checks, police certificates and biometrics.

Apply from

You can be in or outside Australia when you apply for the visa and when the Home Affairs decide on your application, but not in immigration clearance.

Processing times

There are no standard processing times available for this stream.

Your application might take longer to process if:

- You do not complete the form correctly

- You do not include all the documents we need or we need more information from you

- It takes time to verify your information

The Home Affairs can't process your application if you do not pay the correct visa application charge. The Home Affairs will notify you if this is the case and if necessary return your application.

Your obligations

You and your family members who are part of your application must comply with all visa conditions and Australian laws.

You must also meet certain business obligations and obey Australian workplace laws.

Meet your business obligations

While the holder of this visa, you must:

- Have a substantial ownership stake in a business in Australia

- Genuinely have a realistic commitment to take part in its day-to-day management, at a senior level

In the business, you must do at least one of these things:

- Add to commercial activity and competitiveness within the Australian economy

- Develop business links with international markets

- Employ people in Australia

- Export Australian goods

- Introduce new or improved technology, or

- Produce goods or services that Australia would otherwise import

Follow Australian workplace laws

All workers in Australia (including visa holders) have rights and protections at work. Pay rates and workplace conditions are set by Australian law.

You must meet workplace laws when operating your business in Australia. The Pay and Conditions Tool (PACT) can help you with:

- Pay rates

- Shift calculations

- Leave arrangements and notice

- Redundancy entitlements

Adequate health insurance

The Home Affairs recommend you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.

Reciprocal healthcare agreements

Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal healthcare agreements.

Travel

You can travel outside Australia and return as many times as you want while the visa is valid.

The time you spend outside Australia does not extend the visa.

Visa label

Australian visas are digital.

The Home Affairs do not put a visa label in your passport. Instead, the Home Affairs link your digital visa record to your passport.

Hold this visa

You must hold a Business Innovation and Investment (Provisional) visa (subclass 188) Innovation stream and have held it for at least three years, unless COVID-19 concessions apply.

COVID-19 Concessions

Arrangements are in place for provisional visa holders who may have been disadvantaged as a consequence of the COVID-19 pandemic. 

From 19 September 2020 until 3 months after the end of the ‘COVID-19 concession period’ you can also apply for this visa if you:

- held a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream during the ‘COVID-19 concession period’ , and it was granted on or before 30 June 2019;

or

- hold or held a Business Innovation and Investment (Provisional) visa (subclass 188) Business  Innovation Extension stream during the ‘COVID-19 concession period’ :

1.have not held more than one of these visas; and

2.were  granted a Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream on or before 30 June 2019.

You must also have held a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream for at least 3 years.

Demonstrate a need for you to be resident in Australia to operate the main business

You must be able to demonstrate your business activities are of a nature that will require a substantial presence in Australia to operate your business and manage its day-to-day affairs.

Have maintained ownership interest in your nominated main business

Your main business must have been operating actively in Australia for at least 2 years immediately before applying for this visa, unless COVID-19 concessions below apply.

COVID-19 concessions

- If during the ‘COVID-19 concession period’ , you hold or held a:

- Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream that was granted on or before 30 June 2019; or

- Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream, and your Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream was granted on or before 30 June 2019

Your main business must have been operating actively in Australia for a combined period of at least 2 years while you held one or both of these visas.

You must also continue to have an ownership interest in that main business.

Have maintained your commitment

You must have maintained your commitment to stay directly involved in the day-to-day management and decision-making of the business.

Be nominated

You must have a current nomination from a State or Territory agency before being invited to apply for this visa.

Not have a history of involvement in unacceptable activities

You and your partner must have had no history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia.

Have functional English

All applicants aged 18 or over at time of application who did not pay a second instalment of the visa application charge for a previous subclass 188 visa application, must either have functional English or you will be asked to  pay the second instalment of the visa application charge. 

Meet health requirement

Most applicants who met the health requirements for their subclass 188 visa application do not need to meet the health requirements again for their subclass 188 extension visa.  The exceptions are:

- Applicants who met the health requirements ‘with conditions’ at subclass 188 visa stage

- Applicants who do not hold a subclass 188 visa

These applicants may choose to undertake new health examinations before the Home Affairs request them.  See which health exams you need to have and how to arrange them.

You and any family members who apply for the visa with you must meet the health requirement.

Meet character requirement

You and family members aged 16 years or over who apply for the visa with you must meet the character requirement. 

Family members who are not coming to Australia must meet the character requirement

Meet the Australian values statement

If you and your family members who have applied for this visa are 18 years of age or older at the time of application, you and your family members must:

- Have read, or had explained to you, the Life in Australia book

- Sign an Australian Values Statement that confirms you will respect the Australian way of life and obey Australian laws

Have no debt to the Australian government

If you or any family members owe the Australian Government money, you or they must have paid it back or have an approved arrangement in place to pay it back.

Not have had a visa cancelled or a previous application refused

You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.