Individuals and Travellers

Business Innovation and Investment (Provisional) visa (subclass 188) document checklist

You must provide documents to support your application for this visa. We can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.​

You must provide certified copies of original documents. Do not include original documents unless we specifically ask for them. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.​​​

Forms

Charges

Your personal documents

Your identity

  • certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder's photo and personal details and the issue/expiry dates)
  • two recent passport-sized photographs (45 mm x 35 mm) of each person included in the application
    • These photographs must be of the head and shoulders only against a plain background
    • Print the name of the person on the back of each photograph.
  • a national identity card if you have one
  • if your name has changed or the name of anyone included in your application has changed.

If you are unable to provide any of these documents, you must provide other acceptable evidence that you are who you claim to be.

Your relationships

  • certified copies of marriage certificates or relationship registrations for you and anyone else included in your application, even if they are not joining you in Australia
  • if you are living in a de facto relationship: independent evidence that you have been in the relationship for at least six months (for example, joint bank account statements, billing accounts in joint names or joint ownership of major assets)
  • if you or anyone included in the application has been widowed, divorced or permanently separated: a certified copy of the death certificate, divorce documents, or statutory declaration separation documents.

Your children

  • certified copies of birth certificates or the family book showing the names of both parents of all your dependent children
  • evidence of financial dependency for all your family members aged 18 or older (such as evidence of current studies):
    • a certified copy of their birth certificate and proof of their relationship to you
    • proof that they live in your household
    • proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.
  • if any dependent child included in the application is adopted: certified copies of the adoption papers
  • if you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application, you will need documentary evidence that you have the legal right to bring that child to Australia, such as:

Health and character documents

  • if you are required to undergo health examinations, you must organise your health examinations upfront before lodging a visa application and include your health identifier (HAP ID) when completing your visa application form
  • if you have confirmed that you do not need to undergo health examinations by using My Health Declarations, indicate on your online application form that you have organised your health examinations when lodging your visa application (as you are considered to have met this requirement)
  • evidence that everyone included in the visa application has applied for an Australian Federal Police National Police Check if they are at least 16 years of age and have spent a total of 12 months or more in Australia since turning 16 years of age.

The AFP National Police Check Application Form is available from the Australian Federal Police website - either an online form or paper form. Visa applicants must tick Code 33 in Section 8 of the form. Fingerprints are not required.

You will be issued with a 'National Police Check' certificate which will have 'Complete Disclosure' in the heading if your AFP police check application is successful.

  • Police certificates from each country in which anyone in your application has spent a total of 12 months or more in the past 10 years since turning 16 years of age. Provide the original certificates and keep a copy for yourself
    • see Character requirements - How to obtain police certificates
    • if anyone included in the application has served in the armed forces of any country: certified copies of their military service record or discharge papers.

English language ability

For the Entrepreneur stream you will need to provide evidence you have at least competent English.

For the rest of the streams you should have at least functional English.

Applicants and dependants (18 years and older) who cannot provide evidence of having at least functional English must pay a second instalment of the visa application charge.

If you or your dependents have less than functional English, provide a statement indicating your intention to pay the second visa application charge for each person with less than functional English.

Your business documents

Business innovation stream and investor stream

  • overview of your business career and intentions in Australia, which can include:
    • a statement outlining your intended business and/or investment activities
    • a description of your research or study in relevant sectors in Australia
    • a description of the business activities of the business in Australia in which you have an interest, and the period of ownership (if applicable).
  • evidence of net value of business and personal assets, which can include:
    • For cash assets: bank statements, on a single day in the three months preceding your application. All bank statements must have the same date of issue and must clearly identify the account holder
    • For real estate assets: evidence of ownership (certificate of title, title deed, valuation certificate by an accredited property valuer and/or mortgage certificate
    • For personal loans: loan agreements clearly identifying the borrower and lender, loan statements indicating amount borrowed and repayment schedule
    • For stocks and bonds: share or debentures certificates, fixed interest securities, ownership and market value of claimed marketable securities such as bonds
    • If you want to include assets held by a trust, you must include a copy of the trust deed.
  • evidence of business ownership at the time you are invited to apply, such as:
    • full company extract or certificate of incorporation
    • shareholder certificate lodged with the Company Registrar, showing your share of capital annual return of the business
    • memorandum and articles of association
    • certificate of business registration, business licence or business names extract for the business
    • franchise agreement, company registrar, or share transfer documents
    • partnership agreements between all partners
    • if your business is a trust: full trust deed and amendments (including the names of all trustees and beneficiaries at the time the trust was formed).

Business Innovation stream

  • Provide the documents in this section only if you are applying for this visa under the Business Innovation stream.

Business documents

  • evidence that you have participated in the day-to-day management of the business for two of the four fiscal years before you were invited to apply, such as business contracts, minutes of meetings and documents initiated or authorised by you.
    The evidence needs to demonstrate your involvement in decisions about the management of all or substantial part of the business and responsibility for such areas as strategic management, recruitment, price structure, business profitability and expenditure
  • business registration certificate or licence for your main business
  • evidence of your ownership or share of ownership of the main business, such as:
    • evidence of purchase
    • share registers, company registers, or share transfer documents
    • historical company extracts
    • annual returns of directors and shareholders
    • partnership, trust or franchise agreements.
  • a full set of financial statements for your business for two of the four fiscal years immediately before you were invited to apply for this visa (the statements must be prepared by an independent accountant to International Accounting Standards and include a balance sheet, profit and loss statement and notes to the accounts)
  • a one-page organisational chart showing your position in the business, staff attribution, management reporting lines and functional responsibilities
  • photos of business premises and business activities (maximum six photos)
  • if applicable:
    • details if any of your businesses has operated at a loss
    • evidence if any of your businesses is or has been subject to insolvency, receivership or liquidation
    • evidence of bankruptcy of any of your businesses.

Net assets

  • evidence that you, your partner, or you and your partner combined hold total net business and personal assets of at least AUD800 000 that are legally acquired and can be transferred to Australia within two years after the visa is granted
  • a one-page summary statement outlining all your and your partner’s assets and liabilities on a day of your choice in the three months before you were invited to apply for this visa, with details of how those assets were acquired, including the source of funds
  • evidence of your ownership of each asset, its value, and liabilities (if any) against the asset (for example, mortgages, credit cards and loans, including unsecured and third-party loans):
    • for assets held by a trust: the trust deed
    • for cash assets: bank statements, all less than three months old, with the same date of issue
    • for real estate assets: title deeds, valuation certificates by an accredited property valuer, and mortgages
    • for business assets other than the main business: business registration certificates; evidence of shared ownership; full set of financial statements for two of the four fiscal years before you were invited to apply (prepared by an independent accountant to International Accounting Standards and including a balance sheet, profit and loss statement and notes to the accounts)
    • for personal or business loans: loan agreements, loan statements indicating the amount borrowed and the repayment schedule, and loans listed in the business balance sheet (for loans to or from a business)
    • for stocks and bonds: share or bond registers, share/fixed interest securities, debentures or transfer certificates.
  • if a publicly listed company operates any of your qualifying businesses: evidence that you, your partner or you and your partner combined own at least 10 per cent of the issued shares of the publicly listed company
  • evidence of a business plan to indicate your intentions and efforts to actively participate in and manage the qualifying business, describing your proposed business activities in Australia and indicating how they will benefit Australia economically
  • label each document so that it clearly identifies the eligible investment. Cross-reference the investment to the appropriate item in the Statement of Assets and Liabilities Position (SALP) on Form 1139A - Statement of Assets and Liabilities Position (68KB PDF).

Business Innovation extension stream

Provide the documents in this section only if you are applying for this visa under the Business Innovation extension stream.

  • evidence of business ownership for at least the two years immediately before the application was made, such as:
    • full company extract or certificate of incorporation
    • shareholder certificate lodged with the Company Registrar, showing your share of capital annual return of the business
    • memorandum and articles of association
    • certificate of business registration, business licence or business names extract for the business
    • franchise agreement, company registrar, or share transfer documents
    • partnership agreements between all partners
    • if your business is a trust: full trust deed and amendments (including the names of all trustees and beneficiaries at the time the trust was formed)
  • Evidence that you have participated in the day-to-day management of the main business for at least the two years immediately before the application was made, such as business contracts, minutes of meetings and documents initiated or authorised by you.
    The evidence needs to demonstrate your involvement in decisions about the management of all or substantial part of the business and responsibility for such areas as strategic management, recruitment, price structure, business profitability and expenditure.
  • business registration certificate or licence for your main business
  • evidence of your ownership or share of ownership of the main business, such as:
    • evidence of purchase
    • share registers, company registers, or share transfer documents
    • historical company extracts
    • annual returns of directors and shareholders
    • partnership, trust or franchise agreements.
  • a one-page organisational chart showing your position in the business, staff attribution, management reporting lines and functional responsibilities
  • photos of business premises and business activities (maximum six photos).
  • if a publicly listed company operates any of your qualifying businesses: evidence that you, your partner or you and your partner combined own at least 10 per cent of the issued shares of the publicly listed company.

Investor stream

Provide the documents in this section only if you are applying for this visa under the Investor stream.

  • overview of your eligible investment activity or your qualifying business activity and intentions in Australia, which could include:
    • your curriculum vitae or resume
    • a statement outlining intended business and investment activities
    • a description of your research or study in relevant sectors in Australia
    • a description of the business activities of the business in Australia in which you have an interest and your period of ownership, if applicable.
  • if applicable:
    • details if any of your businesses has operated at a loss
    • evidence if any of your businesses is or has been subject to insolvency, receivership or liquidation
    • evidence of bankruptcy of any of your businesses.

Management or ownership in a qualifying business

Provide these documents only if you want to prove your management or ownership in a qualifying business.

  • a statement of management for one of the five fiscal years before you were invited to apply for this visa, showing your direct and continuous involvement in the management of the business and day-to-day decision-making
  • an organisational chart of the business for the same year, showing direct management reporting lines and functional responsibilities
  • a business registration certificate or licence
  • evidence of your share of ownership, such as:
    • evidence of purchase
    • share registers, company registers and/or share transfer documents
    • historical company extracts
    • annual returns of directors and shareholders
    • partnership, trust and/or franchise agreements.

Management, ownership and value of eligible investments

Provide these documents only if you want to prove your management or ownership of AUD1.5 million in eligible investments.

  • a summary of eligible investments claimed for one of the five fiscal years immediately before you were invited to apply for this visa, including:
    • their net value
    • a summary statement of management of each eligible investment.
  • evidence of management of investments for the above period one of the five fiscal years immediately before you were invited to apply for this visa:
    • for ownership interest in a business: evidence that you have managed the performance of the business or have been involved in the management of the business
    • for loans to businesses: a copy of terms and conditions, interest rate, record of repayments
    • for cash on deposit: evidence of having monitored interest rates and returns on this investment against other potential eligible investments
    • for stocks and bonds: evidence that you have measured the performance of these assets
    • for real estate: yield statements in terms of income from investment properties, cash flow statements and disbursements, records of property maintenance or improvements
    • for gold and silver bullion: the result of regular (at least twice yearly) valuations of bullion.
  • evidence of your ownership of each eligible investment:
    • for ownership in a business: at least one of evidence of purchase; share registers, company registers, or share transfer documents; historical company extracts; annual returns of directors and shareholders; partnership, trust or franchise agreements
    • for loans to a business: certified copies of loan agreements, evidence that the loan is recorded in the financial statements of the debtor business
    • for cash on deposit: bank statements identifying the account holder
    • for stocks and bonds: a record of share transactions verified by a stockbroker or the stock exchange as at the end of the fiscal year
    • for real estate: certified copies of title deeds
    • for gold or silver bullion: certified copy of the purchase contract from a registered bullion dealer; independent confirmation that you still own the bullion, indicating where it is held.

Label each document so that it clearly identifies the eligible investment. Cross-reference the investment to the appropriate item in the Statement of Assets and Liabilities Position (SALP) on Form 1139A - Statement of Assets and Liabilities Position (68KB PDF).

  • evidence of the net value of each eligible investment for the five​ fiscal years immediately before you were invited to apply for this visa.

Source of funds used to make the designated investment

  • evidence of liabilities (if any) against each investment (for example, mortgages; loans, including unsecured and third party loans; credit cards).

Label each document so that it clearly identifies the eligible investment. Cross-reference the investment to the appropriate item in the Statement of Assets and Liabilities Position (SALP) on Form 1139A - Statement of Assets and Liabilities Position (68KB PDF).

  • evidence that funds proposed to be used to make the designated investment were accumulated from qualifying business or eligible investment activities (for example, evidence of dividends or profit retained in the business and available for distribution).

Identify those funds or assets that will be used to make the designated investment in Form 1139A - Statement of Assets and Liabilities Position (68KB PDF).

Net assets

  • a Statement of Assets and Liabilities Position (SALP) completed to the end of each of the three consecutive fiscal years before you were invited to apply:
  • if you lodge your application more than three months after the end of the fiscal year: a fourth SALP as at the date of the application
  • evidence of ownership of assets with a minimum total net value of AUD2.25 million at each point of time shown in the SALPs, including evidence of:
    • the value of each asset
    • liabilities (if any) against each asset (for example, mortgages; loans, including unsecured and third-party loans; credit cards)
    • for assets held via a trust: a copy of the trust deed
    • for cash assets: bank statements for the dates nominated on your SALPs
    • for real estate assets, for the dates nominated on your SALPs: title deeds, valuation certificate by an accredited property valuer, mortgage documents
    • for personal or business loans, for the dates nominated on your SALPs: loan agreements, loan statements indicating amount borrowed and repayment schedule; listings in business balance sheets (if loan is to or from a business)
    • for ownership interests in businesses, for the dates nominated on your SALPs: evidence of ownership, such as evidence of purchase; share registers; company registers; share transfer documents; historical company extracts; annual returns of directors and shareholders; partnership, trust or franchise agreements; evidence of value, such as extracts from financial statements for each business, prepared by an independent accountant to International Accounting Standards and including a balance sheet and notes to the accounts
    • for stocks and bonds: share or bond registers, shares, fixed interest securities, debenture certificates, transfer certificates for the dates nominated on your SALPs.
  • label each document so that it clearly identifies the eligible investment. Cross-reference the investment to the appropriate item in the SALPs.

Significant Investor stream

Provide the documents in this section only if you are applying for this visa under the Significant Investor stream.

Assets proposed to be used to make complying investments

Provide evidence that the assets proposed to be used to make the complying investment are unencumbered and lawfully acquired.

  • a Statement of Assets and Liabilities Position (SALP) Form 1139a completed as at a date that is within three months preceding the lodgement of your application
  • evidence of ownership and value of assets - (minimum AUD5 million) - proposed to be used to make the complying investments. You must include evidence of liabilities (if any) against each asset (for example mortgages, loans including unsecured and third party loans, credit cards). Evidence must be provided for each asset / liability recorded in the SALP. Each document must be clearly labelled identifying the asset / liability and cross-referencing it to the SALP
  • for cash assets, provide bank statements or certificate of deposits for the date nominated on your SALP
  • for real estate assets, for the dates nominated on your SALP, provide:
    • evidence of ownership (title deeds)
    • evidence of value (valuation certificate by an accredited property valuer)
    • evidence of relevant mortgage.
  • for business loans, for the date nominated on your SALP, provide loan agreements, loan statements indicating amount borrowed and repayment schedule, listed in business balance sheet
  • for ownership of business(es), for the date nominated on your SALP, provide evidence of ownership of the business(es). This may include one or more of the following:
    • evidence of purchase
    • share registers
    • company registers
    • share transfer documents
    • historical company extracts
    • annual returns of directors and shareholders
    • partnership / trust / franchise agreements
    • evidence of value of the business(es). For listed companies, the published annual report. For unlisted companies, financial statements prepared by an independent accountant to international accounting standards or a review report conducted in accordance with ISRE2400 by qualified accountants.
  • for stocks and bonds: stocks trading account statements, stocks or bonds registers, stocks / fixed interest securities / debentures certificates, transfer certificates etc for the date nominated on your SALP
  • for assets held via a trust, provide a copy of the trust deeds
  • a signed declaration on your proposed method of fund transfer to make the complying investments. Please note that you will need to demonstrate with the relevant transfer / bank records that the funds ultimately available to make the complying investments are originated from the assets nominated to make the complying investments. The trail of funds must also be reasonably established with supporting evidence
  • provide an overview of your complying investment intentions in Australia, which must include:
    • an outline of intended investments and/or business activities in Australia
    • a description of the nature of research or study in relevant sectors in Australia with regards to your business intentions if investing directly into an Australian private company.

Source of funds

  • a signed declaration on the “source of funds” of your asset portfolio and that it has been lawfully acquired
  • evidence to substantiate claims made in your source of funds declaration. This may include one or more of the following:
    • for business income: evidence supporting business ownership, performance and profit
      distribution (e.g. company registration and shareholder records, financial statements,
      taxation records etc.)
    • for investment income: evidence supporting investment activities and performance (e.g. statements issued by stocks trading company, property purchase and sale contracts, leases, investment product contracts etc.)
    • for gifted or inherited assets, duly witnessed gift deeds, wills and other evidence demonstrating how the gift provider accumulated such assets
    • for historical accumulation of wealth where official verifiable evidence is no longer available, bank records demonstrating continuous ownership of funds over a substantial period may assist
    • for assets held in Australia, evidence to link the assets to the declared sources will also be required.

Complying investments

Note: You will be advised when you are required to make the complying investments and when this evidence is required. The complying investment must be made on or after you have applied for the visa.

  • documents showing the liquidation of assets evidenced in ownership and value of assets and transfer of minimum AUD5 million funds to make the complying investments
  • evidence that you have made the complying significant investments:
    • Form 1413D Declaration (172KB PDF) in relation to each investment component signed by the responsible fund manager
    • notes on completion of the Form
    • declarations must be dated after the relevant investments have been made
    • if the declaring fund manager does not hold an official position with the responsible entity  of the managed fund, a letter issued by the responsible entity authorising the signing of the Form on its behalf will be required
    • for Part B of the Form (Venture Capital and Growth Private Equity (VCPE) Funds) where you have not committed to a particular VCPE fund at the time you submit evidence that you have made the complying significant investment:
      • for funds held in a cash management trust, Part B is to be signed by the manager of the trust; or
      • for funds held in an Australian Authorised Deposit Taking Institution (ADI) (refer to the APRA website for a list of ADIs), an account statement confirming the funds have been deposited and a declaration signed by you confirming that the funds will be used for investing in VCPE funds.

Significant Investor extension stream

Provide the documents in this section only if you are applying for this visa under the Significant Investor extension stream.
Note: the rules that were in force at the time that you applied for your first provisional Significant Investor visa will continue to apply for the duration of your provisional visa, including any Extension stream visas you apply for that relate to that provisional visa.

  • a signed Form 1412 Deed of Acknowledgement, Undertaking and Release (33KB PDF)
  • evidence that you hold a complying investment or a complying significant investment which includes:
  • a signed Form 1413D declaration (233KB PDF) for every fund in which the investment was held during the period you held the provisional visa for original provisional applications made after 1 July 2015.
  • A signed Form 1413 declaration (112KB PDF) for every fund in which the investment was held during the period you held the provisional visa for original provisional applications made prior to 1 July 2015.
  • For any direct investment in an Australian proprietary company a shareholder certificate and company extract from ASIC in relation to the shareholder information of an Australian proprietary company and audited accounts for each financial year of the investment.  
  • For any direct investment in an Australian proprietary company evidence that the company was operating for the purpose of making profit through providing goods and services to the public and was not operated as a passive or speculative investment for a period of:
    • at least two years if your investment if the business was for two years of more; or
    • for the whole period of the investment in the business if it was for less than two years.
  • If you have “switched” your complying investment or complying significant investment at any point during the period which you have held the subclass 188 visa you must provide evidence of the transfer of funds between one complying investment option into another complying investment. 

Entrepreneur stream

Provide the documents in this section only if you are applying for this visa under the Entrepreneur stream.

  • overview of your proposed complying entrepreneur activity in Australia, including
    • your funding agreement
    • your business plan
    • a statement of your ownership interest in the entrepreneurial entity
    • evidence of at least competent English language ability.

Points test documents

Provide the documents in this section only if you are applying for this visa under the Business Innovation stream or the Investor stream. There is no points test for the Significant Investor stream or or the Premium Investor stream..

Provide documents only for items for which you seek to be awarded points.

English language ability

  • To be awarded points for higher English language ability you must demonstrate that you have either vocational English or proficient English.

Qualifications

  • a certified copy of the trade qualification, diploma or bachelor degree used to claim points.

Net assets

Business turnover

  • a full set of financial statements for the business, for two of the four fiscal years before you were invited to apply for this visa, prepared by an independent accountant to International Accounting Standards, including a balance sheet, profit and loss statement and notes to the accounts.

Business experience

  • evidence that you have been engaged in business activities for either:
    • at least four years in the five years immediately before you were invited to apply for this visa
    • at least seven years in the eight years immediately before you were invited to apply.
  • corporate ownership records, business financial statements, taxation records, trust deeds or other documents demonstrating your history in business.

Investment experience

  • evidence that you have been engaged in investment activities for either:
    • at least four years in the five years immediately before you were invited to apply for this visa
    • at least seven years in the eight years immediately before you were invited to apply.
  • documentary evidence for the first year that will establish your history of investment experience. For example, if you are seeking to demonstrate investment experience of more than seven years, provide evidence of investment activity for the first of the seven years immediately before the time of invitation
  • a statement of assets and liabilities for the first and each subsequent year for the claimed period of investment experience to indicate that the eligible investments had a value of not less than AUD100 000 throughout the claimed investment period:
  • a statement of management of the investments over the claimed investment period.

Innovation

  • registered patent or design:
    • documentary evidence issued by the relevant national or regional intellectual property administration office to prove ownership, including sufficient information to allow an assessment of whether your ownership meets the requirement for the award of points
    • a detailed statement outlining how the registered patent or registered design is relevant to the operations of your main business and how it is applied in the day-to-day activities of the business. You must be able to provide evidence to support any claims made in the statement if we ask you to.
  • registered trademark:
    • documentary evidence issued by the relevant national or regional intellectual property administration office to prove ownership of the trademark. The documents must include sufficient information to allow an assessment of whether your ownership meets the requirement for the award of points
    • a detailed statement outlining how the trademark is relevant to the operations of your main business and how it is applied in the day-to-day activities of the business. You must be able to provide evidence to support any claims made in the statement if we ask you to.
  • joint venture agreement: A copy of the agreement showing:
    • the details of the respective rights and obligations of the parties to the joint venture
    • that the agreement was entered into at least one year before you were invited to apply for this visa, and that your business is a party to the joint venture.
  • joint venture agreement: A detailed statement outlining:
    • how you used your skills when actively participating at a senior level in the day-to-day management of the joint venture business evidence to support the claims made in the statement
    • that the joint venture was operated in accordance with the joint venture agreement.
  • export trade: Evidence that at least 50 per cent of the turnover of your main business related to export trade for at least two of the four fiscal years before you were invited to apply for this visa, such as:
    • monthly or annual tax returns showing the cumulative export sales of the main business for the year
    • customs declarations
    • the underlying source documents in relation to the export transactions.

You might be required to provide a special-purpose report prepared by a qualified accountant attesting to your claim.

  • gazelle business:
    • a business licence or company extracts that show your main business was registered no more than five years before you were invited to apply for this visa
    • the financial statements of the main business, with supporting tax documents, to show an average annualised growth in turnover greater than 20 per cent per year over three consecutive fiscal years
    • evidence that you have had 10 or more full-time employees for at least one fiscal year of in the same consecutive three-year period claimed for growth in turnover, such as taxation records, insurance or superannuation documents or similar business records identifying each employee by name.
  • receipt of grant or venture capital funding:
    • certified copies of a grant letter and bank records to show the transfer of a government grant of at least AUD10 000 from the government to you or your main business
    • a copy of the final contract entered into between you and the venture capital firm and evidence of the receipt of the venture capital funding of at least AUD100 000
    • evidence that funding from either the government grant or a venture capital firm was received within the four years before you were invited to apply for this visa.

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