The Australian Government introduced and commenced the new visa pathway called the Significant Investor Visa (the SIV) on and from 24 November 2012 for foreign investors planning to migrate to and invest in Australia.
 

In order to get a visa under the SIV, an applicant should:

  1. be nominated by the applicable State or Territory government;
  2. submit an expression of interest in “Skill select”, the online service of the Department of Immigration; and
  3. invest a lawfully acquired amount of at least A$5 million into complying investments.

 
Here, “complying investments” refer to:

  1. Commonwealth, State or Territory government bonds;
  2. Australian Securities and Investment Commission (ASIC) regulated managed funds with a mandate for investing in Australia; and
  3. direct investment into Australian proprietary companies.

 
The amount to be invested must be held:

  1. either by the applicant directly or together with a spouse or a de facto partner;
  2. through a company where the applicant owns the total amount of issued shares either directly or together with a spouse or a de facto partner; or
  3. through a valid trust where the trustees and beneficiaries comprise the applicant or a spouse or a de facto partner together.

 
The SIV further requires the applicant to reside in Australia for 160 days over a period of 4 years while holding a provisional visa. The provisional visa can be extended for two terms of two years.
 

Investment in New South Wales (NSW)

 
An applicant in order to obtain NSW nomination under the Business Innovation and Investment (Provisional) Significant Investor Visa 188 must:

  1. invest an unencumbered and lawfully acquired amount of at least A$5million which can be readily transferred to Australia;
  2. sign a declaration to invest at least A$5 million in complying investments including a minimum of A$ 1.5 million in NSW Waratah Bonds; and
  3. commit to spend at least a total of 160 days in Australia.

 
In order to obtain NSW nomination under Business Innovation and Investment (Permanent) Significant Investor Visa 888, the applicant must:

  1. sign a declaration to invest at least A$5 million in complying investments including a minimum of A$ 1.5 million in NSW Waratah Bonds in the last four years;
  2. have spent at least 160 days in Australia while holding a subclass 188 (Provisional) visa in the last four years immediately prior to applying for NSW nomination; and
  3. neither the applicant nor a spouse has had any involvement in business or investment activities not usually acceptable in Australia.

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