Entrepreneurs from China, Hong Kong and Southeast Asia often ask a simple question: “If I build my business in Australia, can I live here?” For many years the usual answer was the business innovation and investment visas. That program has now closed to new applicants, and the options in 2026 look quite different.
This article gives a general overview of the current visa landscape for founders and business owners, and explains why the visa, the business structure and the commercial plan should be considered together. It is not migration advice. Visa criteria change often.
Who can give migration advice
In Australia, immigration assistance, such as advising on which visa to apply for and preparing applications, must generally be given by a registered migration agent or an Australian legal practitioner. Our firm’s Accredited Specialists in Immigration Law handle visa advice. The commercial and corporate side of the business is handled alongside them, so the two fit together.
The business innovation and investment program has closed
The Business Innovation and Investment Program, including the subclass 188 provisional visa streams for business owners, investors and entrepreneurs, closed to new applications on 31 July 2024. People who already hold a subclass 188 visa may still be able to move to the permanent subclass 888 visa if they meet its criteria, which generally includes state or territory nomination. Anyone in that position should take advice on their own pathway, as the requirements depend on the stream and the facts.
For new applicants, the government’s focus has moved to talent and innovation, and to employer-sponsored skilled migration.
The National Innovation Visa (subclass 858)
The National Innovation Visa was introduced in December 2024, replacing the Global Talent visa, and keeps the subclass 858 number. It is a permanent visa aimed at people with an internationally recognised record of exceptional and outstanding achievement, and it includes categories for global researchers, entrepreneurs, innovative investors, and leaders in sport and the arts.
Expression of interest and invitation
The visa is invitation only. A person first lodges an expression of interest with the Department of Home Affairs, setting out their achievements and claims. The Department considers expressions of interest against its published priorities and invites some candidates to apply. Lodging an expression of interest is not an application and does not guarantee an invitation, and an invitation does not guarantee a visa. Each application is then assessed on its evidence.
Nomination
Applicants generally need a nominator with a national reputation in their field, such as an Australian citizen, permanent resident, eligible New Zealand citizen or an Australian organisation. Some state governments run their own nomination programs for this visa, which may help a candidate’s priority. The Department’s priority sectors, such as critical technologies, health, renewable energy, financial services and agriculture technology, may change from year to year.
For founders, the question is often whether their achievements meet a high standard, and how well the evidence shows it. A promising early-stage business may not be enough on its own.
Employer-sponsored options: the Skills in Demand visa (subclass 482)
The Skills in Demand visa replaced the Temporary Skill Shortage visa in December 2024. It allows an approved Australian business sponsor to nominate a skilled worker for a genuine position. Its streams include Specialist Skills, Core Skills and Labour Agreement pathways, each with its own occupation, salary, skills and English requirements. Some holders may later have a pathway to permanent residence through employer nomination.
For an entrepreneur, a key issue is whether their own Australian company can sponsor them. That may be possible in some cases, but the business usually needs to be operating, able to meet sponsorship obligations, and offering a genuine position on market terms. Sponsors take on legal obligations, including about pay and record keeping, and must comply with them for the life of the sponsorship.
State and territory nomination
State and territory governments play a role in several visa programs, including nominations for certain skilled visas, for existing subclass 188 holders moving to the subclass 888 visa, and in some states for the National Innovation Visa. Each government sets its own priorities and criteria, which may open, close and change during the year. Where a family plans to settle, and where the business will operate, may therefore matter for the visa as well as for the commercial plan.
Coordinating the visa with the business structure
A visa strategy can fail if the business is not structured to support it. Points to consider together may include:
- which entity will employ or sponsor the founder, and whether that entity has the capacity and records to do so;
- how the business will be funded, and whether the funds and their source can be documented for the bank and, where relevant, the Department;
- whether ownership, control and directorships make sense if the founder spends time overseas while the application is processed;
- what contracts, licences and IP arrangements the business needs to show genuine activity; and
- how the founder’s tax residency and family arrangements will change on moving.
Our separate articles on expanding a Chinese business into Australia and on moving to Australia from Asia discuss the structural and tax issues in more detail.
What entrepreneurs may prepare
Founders thinking about any of these pathways often find it useful to gather evidence of their record early: business history, financial records, media or industry recognition, patents or products, and letters from people in their field. Identity, civil and corporate documents from overseas may need certified translation, and our notary public can assist with documents for use overseas. Preparation does not guarantee an outcome, but it helps an adviser assess the realistic options.
A hypothetical scenario
Consider a Shenzhen technology founder who wanted to open an Australian subsidiary and relocate with his family. Questions arose about whether his record could support a National Innovation Visa expression of interest, whether the new subsidiary could sponsor him in the meantime, which state the business should be based in, and how the subsidiary should be funded and documented. The right approach depended on facts that needed advice.
Questions to discuss with your adviser
- Which visa pathways are realistic for me now, and which are closed?
- Does my record meet the standard for the National Innovation Visa, and who could nominate me?
- Could my own Australian company sponsor me, and what obligations would it take on?
- Does the state where I plan to live offer any relevant nomination?
- Is the business structure set up to support the visa strategy?
- What evidence should I begin gathering?
Frequently asked questions
Can I still apply for a business innovation visa (subclass 188) in 2026?
No. The program closed to new applications on 31 July 2024. Existing subclass 188 holders may still have a pathway to the permanent subclass 888 visa if they meet its criteria.
What is the National Innovation Visa?
It is a permanent, invitation-only visa (subclass 858) for people with an internationally recognised record of exceptional achievement, including entrepreneurs. Candidates lodge an expression of interest and need a suitable nominator.
Can my own company sponsor me on a 482 visa?
Possibly, if the company is an approved sponsor, the position is genuine and all criteria are met. This needs individual migration advice.
Every family’s situation is different, and the answer often turns on details. Book a consultation so we can review your documents and circumstances before you act.
How Chua Tan Associates can help
Chua Tan Associates helps entrepreneurs plan their move and their business together. Our firm’s Accredited Specialists in Immigration Law advise on visa options and applications, while we advise on company set-up, funding, contracts and the commercial plan, so the structure supports the visa strategy. Justin Chua trained in accounting (Bachelor of Commerce, accounting major), worked in finance in Hong Kong before law, and has owned and run businesses himself. We have a notary public, work with lawyers overseas, and advise in English, Mandarin and Cantonese.
Important: This article is general information only and must not be relied on. It is not legal, tax or financial advice, does not take your circumstances into account, and may not reflect changes in the law after publication. Laws of other countries may also apply. Do not act or refrain from acting on the basis of this article. Reading it or contacting us does not create a lawyer–client relationship. Please book a consultation for advice on your situation.
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Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
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