The Significant Investor stream of subclass 188 allows individuals who invest A$5m in a “Complying Investment” to move to Australia with their immediate family.

The main qualifying requirements are that the main visa applicant must:

• Have (individually, or combined with the main visa applicant’s partner or spouse) assets of at least A$5 million that have been legally acquired, are unencumbered, and are available to be used to make a “Complying Investment” in Australia.
• Not have a history of involvement in unacceptable business or investment activities.
• Agree not to take legal action against the Commonwealth of Australia for any loss of capital arising from the Complying Investment.
• Have a genuine and realistic commitment to continue business and investment activities in Australia after the Complying Investment has been held continuously for the life of the subclass 188 visa.
• Have a genuine and realistic commitment to reside in the State or Territory that provides the nomination for the visa application.

Complying Investments are:

• Commonwealth, State or Territory Government bonds
• Certain managed funds that have a mandate for investing in one of the following Australian assets:
  • Infrastructure projects in Australia;
  • Cash held by Australian deposit taking institutions;
  • Bonds issued by the Commonwealth Government or a State or Territory government;
  • Bonds, equity, hybrids or other corporate debt in Australian companies and trusts listed on any Australian Stock Exchange;
  • bonds or term deposits issued by Australian financial institutions;
  • Real estate in Australia;
  • Australian Agribusiness; and
  • other ASIC regulated managed funds that invest in the above list of investments.
• Direct investment into private Australian companies not listed on any Australian stock exchange. An ownership interest in the company must be obtained, and the company must:
  • Genuinely operate a qualifying business in Australia
  • Be registered with ASIC
  • Have an Australian Business Number (an ABN).

GM Investors can introduce intending Significant Investor visa applicants to providers of Complying Investments – we maintain a database of managed fund providers and have details for the providers of Government bonds.

The 188 visa is a provisional or temporary residency visa, which allows individuals holding such a visa to be in a very attractive tax position.

It has a validity of 4 years, and before the expiry of the visa another visa must be applied for – this can be either:

• Another 2 years on the subclass 188 visa – this 2 year extension can be applied for twice to give 8 years in total as the holder of a subclass 188 visa, or
• Permanent residency, usually a subclass 888 visa.

Requirements for the subclass 888 permanent residency visa are discussed here.

GM Investor Visas works with our clients on the basis of fixed fees, and a wish to have a long term relationship based on our expertise, trust and a quality service.

We look forward to hearing from you.