Australian Business and Investor Migration
The Business Innovation and Investment Program closed to new applications on 31 July 2024. Business and investor migration to Australia is now structured around the National Innovation visa, employer sponsorship, and skilled migration. Visa Plan Lawyers advises on stream selection, application structure, and the strategic positioning that determines the outcome.
The Business Innovation and Investment Program closed to new applications across the subclass 188 and subclass 132 visas on 31 July 2024. Applications lodged before that date continue to be processed by the Department of Home Affairs under the rules in force at the time of lodgement. Refunds of the visa application charge are available to applicants who withdraw eligible applications on or after 31 July 2024.
The National Innovation visa (subclass 858) launched on 7 December 2024 as a replacement for the Global Talent visa. It is invitation-only, criteria-based rather than investment-based, and is now the principal permanent residence pathway for individuals with internationally recognised achievement across academia, profession, entrepreneurship, investment, sport, and the arts. The NIV did not replace the BIIP as a regulatory instrument; it replaced the Global Talent visa. For prospective business migrants, the NIV is the closest equivalent in the current system.
Invitation-only permanent residence for individuals with an internationally recognised record of exceptional and outstanding achievement. Open to established and emerging entrepreneurs, innovative investors, global researchers and thought leaders, and high-performing athletes and creatives. No occupation list. No fixed investment threshold. State or territory government nomination on Form 1000 places an Expression of Interest at Priority 2.
Business owners who can structure a genuine Australian sponsoring entity have access to the Skills in Demand visa (subclass 482), the Employer Nomination Scheme (subclass 186), and the Skilled Employer Sponsored Regional visa (subclass 494). Each pathway requires Standard Business Sponsorship and a substantive nominated position. Self-sponsorship is available where the business and the nominated role meet the regulatory criteria.
Business owners whose skilled occupation appears on the relevant occupation list have access to the Skilled Independent visa (subclass 189), the State Nominated visa (subclass 190), and the Regional Skilled visa (subclass 491). The points test, age cap, and English requirements apply. State or territory nomination opens additional pathways and points.
Holders of a provisional subclass 188 visa retain the pathway to the permanent subclass 888 visa, subject to meeting the relevant stream criteria. Holders may also apply for an extension under the Business Innovation Extension or Significant Investor Extension stream where additional time is needed. Visa Plan Lawyers continues to act for existing holders on extensions, subclass 888 nominations, and refusals at the Administrative Review Tribunal.
Business migration is no longer one program. Each remaining pathway has its own criteria, lists, and assessment standards. Choosing the right pathway from the outset prevents wasted time and recoverable but costly errors.
Business migration involves sensitive commercial information: ownership structures, financial records, investment positions. Communications with admitted solicitors are protected by Legal Professional Privilege under the Evidence Act. Migration agents cannot offer this protection.
Where a nomination or visa is refused, merits review sits at the Administrative Review Tribunal and judicial review at the Federal Circuit and Family Court of Australia or the Federal Court. Visa Plan represents clients end-to-end without referral to external counsel.
An initial conversation gives you a written assessment of which current pathway fits your profile, the legal risks specific to your matter, and a clear scope and fee for any work that follows.
Book a ConsultationInformation current as at 13 May 2026. Primary sources: Department of Home Affairs — BIIP closure and refunds and Department of Home Affairs — National Innovation visa. This page provides general information only and does not constitute legal advice.
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