188 Business Innovation and Investment (Provisional) visa (subclass 188) – Entrepreneur stream

At a Glance

Item	Details
Visa name	Entrepreneur stream, subclass 188
Application status	Closed 31 July 2024
Existing applications	Still being processed
Stay	Up to 5 years
Visa type	Provisional, multiple entry
Cost	From AUD8,455
Apply from	Inside or outside Australia
Work rights	Work in Australia
Study	Study in Australia
Medicare	Not stated in the source
Health insurance	Recommended; healthcare costs remain personal
Travel facility	Unlimited travel while valid
Permanent residence	May apply for subclass 888
Citizenship	Not stated in the source
Family sponsorship	Eligible family may accompany
Visa record	Digital; linked to passport
Key eligibility	Nomination, activity, English, invitation

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Purpose

This visa is for startup and early-stage entrepreneurs nominated by an Australian State or Territory government agency to develop entrepreneurial concepts in Australia.

It permits entrepreneurial activity, work and study in Australia.

Important closure notice

This stream closed to new applications on 31 July 2024.

• Applications lodged before that date will continue to be processed.
• If an application was withdrawn on or after 31 July 2024, a Visa Application Charge refund is available. See the BIIP closure and refunds page.

Stay and travel

The visa is valid for up to 5 years from grant.

• It is a multiple-entry visa.
• You may leave and re-enter Australia any number of times while valid.
• Time outside Australia does not extend the visa.
• You must apply for another visa to stay longer.

Eligibility

You must have submitted an Expression of Interest (EOI), been nominated by a State or Territory government agency, and received an invitation to apply.

You must also:

• be nominated by a State or Territory government agency;
• have a genuine intention to undertake and continue a complying entrepreneur activity in Australia;
• have at least competent English;
• meet health and character requirements;
• sign the Australian Values Statement if aged 18 or over;
• have no outstanding Australian Government debt, unless repayment arrangements are approved; and
• satisfy immigration-history requirements.

A nomination must not be withdrawn after application, or the visa cannot be granted.

Age

You will generally not receive an invitation if aged 55 or over when invited.

An exception applies where the nominating State or Territory determines the proposed activity provides exceptional economic benefit.

Complying entrepreneur activity

The activity must involve an innovative idea leading to either:

• commercialisation of a product or service in Australia; or
• development of an enterprise or business in Australia.

It cannot relate to:

• residential real estate;
• labour hire; or
• buying an existing Australian enterprise or franchise.

Invitations on or after 1 July 2021

You must be endorsed by your nominating State or Territory government agency to develop your entrepreneurial concepts.

Invitations before 1 July 2021

You must have legally enforceable funding agreements totalling at least AUD200,000 from an approved entity.

Approved entities include:

• Commonwealth, State or Territory government agencies;
• publicly funded research or innovation organisations;
• specified higher education providers; and
• eligible Australian venture-capital investors.

At least 10% of funding must be payable to the entrepreneurial entity within 12 months of the activity starting in Australia.

If you are not the entrepreneurial entity, you must have held at least a 30% interest when the funding agreement was made.

You must also provide a business plan and show funding is unencumbered and lawfully acquired.

Business history

You and your partner must not have a history of business or investment activities considered generally unacceptable in Australia.

Rights and conditions

With this visa, you can:

• stay in Australia while the visa is valid;
• undertake entrepreneurial activity;
• work and study;
• travel freely while the visa remains valid;
• bring eligible family members; and
• apply for the permanent subclass 888 Entrepreneur stream if eligible.

You may be eligible for free English classes through the Adult Migrant English Program.

You and included family members must comply with all visa conditions and Australian laws.

Entrepreneur obligations

You must undertake, or genuinely intend to undertake, a complying entrepreneur activity.

For visa holders, successful activities may be assessed using factors including:

• Australian citizens and permanent residents employed;
• ongoing funding and investment;
• annual business turnover; and
• endorsement by a recognised startup incubator, accelerator or similar body.

If invited before 1 July 2021, funding parties must pay at least 10% of the total funding to the entrepreneurial entity within 12 months of activity commencing. Funding must be used under the funding agreement.

Workplace laws

If operating a business in Australia, you must comply with Australian workplace laws.

Family provisions

Eligible family members may apply with you.

• Dependent children may be added before a decision is made.
• Included family members must meet health requirements and, where applicable, character requirements.
• Family members not migrating may still need to meet character and possibly health requirements.
• A spouse or de facto partner not included in the original combined application may apply later as a subsequent entrant.
• A subsequent entrant can only be granted the visa after the main applicant is granted the subclass 188 visa.

A subsequent entrant must apply online through ImmiAccount and pay an application charge.

Dependent children

Children aged over 18 but under 23 must be dependent on you or your partner.

Children aged 23 or over must be dependent because of physical or cognitive limitations.

For a child under 18, consent is required from anyone with legal authority over where the child lives who is not migrating. Provide either:

• Form 1229;
• a statutory declaration of consent; or
• evidence of a court order or home-country law allowing migration.

Cost

The primary applicant charge starts from AUD8,455. Limited concessions may apply.

Additional charges apply for family members.

Applicants aged 18 or over with less than functional English may need to pay a second instalment when requested:

Applicant	Second instalment
Primary applicant	AUD9,795
Family member	AUD4,890

The second instalment is refunded if the visa is not granted.

Other possible costs include health examinations, police certificates and biometrics.

Pacific Island and Timor-Leste concession

From 1 July 2026, eligible citizens of specified Pacific Island countries and Timor-Leste receive a lower visa cost when lodging a valid application.

Eligibility is based on the primary applicant’s valid passport from:

• Federated States of Micronesia
• Fiji
• Kiribati
• Nauru
• Palau
• Papua New Guinea
• Republic of the Marshall Islands
• Samoa
• Solomon Islands
• Timor-Leste
• Tonga
• Tuvalu
• Vanuatu

Processing

There are no standard processing times for this stream.

Use the visa processing time guide for recently decided applications. It is indicative only.

Processing may take longer if:

• the application is incomplete;
• documents or further information are missing; or
• information requires verification.

Required documents

Provide clear colour scans or photographs of all documents. Non-English documents must include English translations.

Key evidence includes:

• current passport identity pages;
• national identity card, if available;
• name-change evidence, if applicable;
• evidence supporting EOI claims;
• entrepreneur activity overview;
• competent English evidence;
• functional English evidence for family members aged 18 or over, or an undertaking to pay the second instalment;
• funding agreements, business plan and ownership evidence for pre-1 July 2021 invitations;
• health examination results if requested;
• character documents;
• relationship evidence for partners; and
• dependency and parental-consent evidence for children.

Character documents

Applicants and included family members aged 16 or over must provide:

• Form 80;
• Form 1221;
• an Australian Federal Police complete disclosure certificate, if applicable;
• overseas police certificates for relevant countries; and
• military records or discharge papers, if applicable.

How to apply

1. Submit an EOI through SkillSelect.
2. Obtain State or Territory nomination.
3. Receive an invitation to apply.
4. Apply online through ImmiAccount within 60 calendar days of invitation.
5. Pay the correct application charge.
6. Upload all supporting documents.

An EOI is free, but it is not a visa application and does not give you a bridging visa.

You may receive an invitation within two years of submitting the EOI. If not invited within two years, the EOI expires. If you do not apply after two invitations, the EOI is removed from SkillSelect.

You cannot change an EOI after receiving an invitation.

After applying

You may be in or outside Australia when applying and when a decision is made, but not in immigration clearance.

If you are in Australia:

• remain lawful by holding a valid visa;
• do not cancel your current visa;
• a Bridging Visa A may take effect if your current visa expires; and
• obtain a Bridging Visa B before leaving Australia if you need to return while holding a Bridging Visa A.

The Department may request health examinations, biometrics or further information.

Tell the Department about changes to your:

• contact details;
• passport;
• relationship status;
• family composition;
• child’s birth; or
• intention to withdraw the application.

Use Form 1023 to report incorrect answers.

Health insurance

Health insurance is recommended.

You are personally liable for healthcare costs in Australia. Some countries have reciprocal healthcare arrangements with Australia.

Visa record and proof

Australian visas are digital and are linked to your passport. No visa label is placed in your passport.

Use VEVO to check visa details, conditions, work rights and study entitlements.