Australia

About Australia Citizenship and Residency

There is no Citizenship by investment program in Australia. The country is very strict in issuing Citizenship. You need to hold a permanent visa and pass some requirements.

Visa applicants must meet certain criteria prescribed to the appropriate visa subclass. The criteria prescribed for a visa application will include either ‘at time of lodgment’ requirements, ‘at time of decision’ requirements, or a combination of both. Visa applications may be refused if an applicant does not demonstrate that they meet the criteria at the correct time. All visa subclasses include the requirement to satisfy certain health, character, and public interest criteria.

Permanent residents are required to spend at least two years of five years in Australia or demonstrate significant ties to Australia, to maintain their residence status.

The Australian visa application process is very structured and based on laws, regulations, policy, and legislative instruments. Application processing time frames differ significantly by visa type. The Department of Immigration has a priority processing tier under which visa applications that yield the greatest benefit to the country (skilled visas) will be assessed quicker than those with less benefit (family visas).

You can apply for citizenship after 4 years of lawful residence and 12 months as a permanent resident.

There are two pathways for the entrepreneur visa:

1. Business Innovation Visa (Sub-class 188)

         There are four visa streams under the Business Innovation and Investment Program.

• The Business Innovation Stream — Individuals must pass a points test, have a successful business career with a business turnover of at least 750,000, and have net assets of AUD 1.25 million. They must also obtain and maintain substantial ownership and management of an Australian business and reside in the country for at least one year.
• The Investor Stream — Individuals must pass a points test, commit AUD 2.5 million into a complying Australian-managed investment fund for the duration of the provisional visa validity, and reside in the country for at least two years.
• The Significant Investor Stream — Individuals must commit at least AUD 5 million into a complying Australian-managed investment fund for the duration of the provisional visa validity and reside in the country for an average of 40 days a year for primary visa holders.
• The Entrepreneur Stream — Individuals must receive endorsement by a state or territory government and reside in the country for at least two years.

The above temporary visas offer a direct pathway to permanent residence after three years, subject to meeting certain residence and investment or business turnover requirements. The initial visa will be valid for five years.

2. Business Talent Visa (Sub-class 132)

The Business Talent Visa is suitable is a permanent residence visa suitable for more established business owners or entrepreneurs that own and operate businesses with much higher sales turnover. Additionally, they must be willing to invest at least AUD 1.5 million in a new or existing business. You are required to meet certain business milestones within 2 years of obtaining the 132 visas.

There are several different sub-categories available under subclass 132. See below for details:

1. Significant Business History Stream:

• for experienced business owners or entrepreneurs who would like to operate a new and existing business in Australia
• must have at least 3 million business turnover for at least 2 years out of the last 4 years
• willing to invest a minimum of 1.5 million AUD (a higher investment amount required for popular states like NSW and VIC)

     2. Venture Capital Entrepreneur Stream:

• secure at least 1 million AUD funding from the Australian Private Equity and Venture Capital Association Limited (AVCAL)
• operate and establish a new or existing business in Australia

Australia Permanent Resident Visa

Australia Permanent Resident Visa is a permanent visa that allows you to live indefinitely in Australia but if you are living overseas while holding an Australia PR, you must meet the minimum stay requirement (730 days out of 5 years) to extend your PR. In case you do not meet the stay requirement, you can read further on our section for Resident Return Visa (RRV). There are several ways to secure an Australia PR. The 3 typical ways of obtaining an Australia PR are:

• Work-stream permanent visa

These are for workers who have an Australian employer sponsoring them to work in Australia or have skills that Australia values.

• Business or Investor Stream Permanent Visa

• Family stream permanent visa

These are for:

• • partners, children, parents, or dependent relatives of an Australian citizen, permanent resident of Australia, or Eligible New Zealand citizen
  • children being adopted or in the process of being adopted outside of Australia
  • carers who need to move to Australia to provide long-term care for an approved relative

Benefits Of The Australia Residency By Investment Program

• Obtain an Australian residency for yourself and eligible dependents (spouse and children below 18)
• Full work rights for the spouse.
• Right to establish and operate your own business
• Benefit from one of the most efficient healthcare systems in the world
• The benefit of the best educational systems in the world
• Enjoy the multicultural society with excellent harmony
• High standard of living
• Political, social, and economic stability
• Objective, merit-based immigration system with predictable outcomes
• Compulsory 10% superannuation or pension payable by employers

Australia Residency Requirements And Qualifications

• Investment of at least AUD 2.5 million in an Australian State or Territory for at least 5 years
• Have a business and personal net assets of at least 2.5 million, owned by the applicant and/or spouse, in the 2 fiscal years preceding the filing date with evidence
• Have at least 3 years of experience managing one or more qualifying businesses or eligible investments
• Be under 55 years of age (exemption can apply)
• Score at least 65 on the points test
• You and all family members included in the application must meet Australian health and character requirements
• Have a genuine intention to live for at least 2 years in the state or territory in which you have made a designated investment
• In at least 1 out of the 5 fiscal years before submission, the applicant and/or spouse have:
  • managed a qualifying business in which the applicant holds at least 10% ownership interest; or
  • managed ‘eligible investments of at least AUD 1.5 million

Steps And Timeline

The Australian visa application process is very structured and based on laws, regulations, policy, and legislative instruments. In addition to visa application legislation, the Department of Home Affairs also has the power to cancel visas, conduct compliance or monitoring exercises, regulate the professional migration agent industry, and allow for the legal review of visa decisions.

Certain visa applications for people outside Australia must be assessed by an immigration attaché at the closest Australian embassy. Other visa applications will be assessed by an immigration office in Australia. The Department of Home Affairs is moving towards electronic online lodgment for all temporary and permanent residence visa applications.

The application processing times differ significantly depending on the visa being applied for but are generally 12 months.

The Department of Home Affairs uses a priority processing tier, whereby visa applications that yield the greatest economic benefit to the country (skilled visas) will be assessed quicker than those with less economic benefit (family visas). The Department of Home Affairs advertises its service standards online for application time frames, which are regularly updated.

Australian visas are attached electronically to passports, and physical visa labels are no longer placed on them. Australia has an online portal that allows individuals and employers to check the visa status (and any applicable work conditions) of a visa holder.

Our Services

Privacy World offers its services to anyone, not only looking to obtain residency and/or citizenship processes but our experts figure out legal ways to:

• Find the best solution for your needs.
• Identify and deploy a strategy to help you accomplish your goals.
• Activate our network of people in the country where you need help without having you search for the best solution or lawyer. We only work with licensed people in every country whom we carefully vet and pass our guidelines and principles of privacy we stand for.
• Focus on cutting through the red tape and to expedite your process.
• Provide proper communication with you about your case.
  …. and above all: Offer you legal strategies to provide additional layers of privacy for your identity, while obtaining your residency or citizenship!

Privacy World can also help you with incorporating your company in Australia, assisting in getting you settled in the country and coordinating with you so that this experience will be less of a hassle.

Want Privacy World to handle your case? Have any questions? Contact us!

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