Australia's Visa Pathways for Business Owners
Following the closure of the Business Innovation and Investment (Subclass 188) visa program, many entrepreneurs are exploring new routes to live and work in Australia. The good news is that viable pathways still exist, primarily through state and territory nominated visas.
This guide seeks to provide an overview of the main visa options for small business owners, including the Skilled Work Regional (Provisional) visa (Subclass 491) and, in some cases, the Skilled Nominated visa (Subclass 190). We also address the new National Innovation Visa (NIV) and the complexities of the 'self-sponsorship' route.
State and Territory Nominated Small Business Owner Pathways
Several Australian states and territories offer specific nomination streams for business owners and entrepreneurs. These generally lead to a Subclass 491 Skilled Work Regional (Provisional) visa, which is a five-year visa allowing the visa holder to live and work in a designated regional area, with a pathway to permanent residency (Subclass 191) after three years, provided relevant requirements are met. Some states may offer a pathway to the permanent Subclass 190 Skilled Nominated visa for high-calibre business owners.
Below is a breakdown based on available information, which applicants should always verify with official state migration websites as criteria can change frequently.
Australian Capital Territory (ACT): Business in the Capital
The ACT offers pathways for business owners under both the Subclass 491 and Subclass 190 visas, managed through the points-based 'Canberra Matrix'.
Key Requirements:
Business Operation: You must be residing in Canberra and actively operating your business for a minimum period (e.g., 6 months for the 491 visa, 12 months for the 190).
Majority Ownership: You must own at least 51% of the ACT-based business.
Personal Income: You must draw a minimum personal salary from the business.
Job Creation: You must employ at least one eligible Australian citizen/permanent resident.
Ineligible Businesses: Certain business types, such as sub-tenancies, ride-sharing, or delivery services, are not eligible.
Tasmania: The Tasmanian Business Operator Pathway (Subclass 491)
Tasmania offers a dedicated pathway for individuals who have established and are operating a business in the state.
Key Requirements for the Tasmanian Business Operator Pathway (Subclass 491):
Established Business: You must have been operating your business in Tasmania for at least 12 months.
Sufficient Income: The business must generate a personal taxable income for you that meets a minimum threshold (benchmarked against the TSMIT).
Business Plan: A well-researched business plan is essential to demonstrate your understanding of the local market.
Fair Work Compliance: You must show you understand your obligations as an employer.
Factors like significant job creation, substantial capital investment, and holding a skills assessment relevant to your business can strengthen your application.
Queensland: Small Business Owners in Regional Queensland (Subclass 491)
Migration Queensland provides pathways for entrepreneurs operating a business in a regional area of the state.
Option 1: Purchasing an Existing Business
Minimum Investment: Purchase an eligible, pre-existing regional business for at least $100,000.
Prior Operation: You must operate the business for at least six months before seeking nomination.
Job Creation: You must employ at least one Australian resident.
Option 2: Starting a New Business
Extended Operation: Your start-up must have been running for at least two years.
Financial Performance: The business must meet significant annual turnover and profitability requirements.
Job Creation: You must employ at least one Australian resident.
Important notes: All states have strict rules regarding business types, locations, and financing arrangements. Passive investments and home-based businesses are generally not accepted.
State Nomination for the National Innovation Visa (NIV)
A significant new pathway is the National Innovation Visa (NIV), a permanent visa for individuals with a record of exceptional and outstanding achievement. Leading states like New South Wales and South Australia offer nomination pathways for high-calibre entrepreneurs and investors.
While specific requirements differ by state, successful applicants must generally meet a high standard. The key is to demonstrate how your expertise, venture, or capital will deliver a significant, tangible benefit to the nominating state's economy.
The Entrepreneur Pathway
This pathway is for visionary founders with a history of success. States are looking for individuals who will build the next generation of high-growth Australian companies. General requirements include:
An Exceptional Track Record: You must provide evidence of an internationally recognised history of outstanding success, such as founding and scaling businesses, achieving high revenue growth, or securing significant capital investment.
A High-Impact Business Concept: A comprehensive business plan for an innovative, scalable venture is required. It must detail a unique product, service, or business model with the potential for significant economic benefit and job creation in the nominating state.
Commitment to the Local Ecosystem: You must demonstrate a genuine intention to establish and operate your primary business within the nominating state, engaging with local partnerships and contributing to priority industry sectors.
The Innovative Investor Pathway
This pathway is designed for strategic investors who bring both capital and expertise. It is not a passive investment visa. General requirements include:
A History of Strategic Investment: Applicants must have a proven track record of making successful investments, particularly in innovative, early-stage companies or a related field.
Significant Investment Capital: You must propose a substantial investment into the nominating state's innovation ecosystem. Eligible targets often include local start-ups, early-stage businesses, or approved venture capital funds.
Active Contribution (More Than Money): States are looking for investors who will play an active role in nurturing the companies they invest in, for example, by providing mentorship, strategic advice, or serving as a board member.
Note: As state/territory-specific requirements are highly detailed and subject to change, a tailored assessment of your profile against the latest criteria is essential for a successful application.
A Note on 'Self-Sponsorship' (Skills in Demand Visa)
Sponsoring yourself through your own business on a Skills in Demand (Subclass 482) visa is complex and carries significant risk. The Department of Home Affairs scrutinises these applications to ensure the nominated position is genuinely needed by the business and not simply created to secure a visa.
Decision-makers will closely examine:
Whether the position is essential for the business's operations.
If the role and salary are consistent with the nature and scale of the business.
Whether the business was established primarily to facilitate the owner's migration.
The "Genuine Position" requirement is a high bar to clear, and applications from new businesses with few or no other employees face intense scrutiny.
How We Can Help You Navigate the Process
The criteria for Australia's business owner visa pathways are intricate and change frequently. The information above is a general guide, but your success depends on a carefully prepared application tailored to your specific circumstances.
Our team of experienced immigration lawyers can provide a detailed assessment of your eligibility, help you navigate the correct state nomination requirements, and ensure your application is positioned for the best possible outcome.
Contact us today for a consultation to discuss your entrepreneurial future in Australia.
Disclaimer: This article is for informational purposes only and does not constitute migration or legal advice.