{"id":20755,"date":"2026-11-01T03:21:25","date_gmt":"2026-10-31T16:21:25","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=20755"},"modified":"2026-11-01T03:23:02","modified_gmt":"2026-10-31T16:23:02","slug":"business-visa-australia-2026-entrepreneur-national-innovation-visa-lawyer-melbourne","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/business-visa-australia-2026-entrepreneur-national-innovation-visa-lawyer-melbourne\/","title":{"rendered":"Business Visa Australia 2026 for Entrepreneurs: An Overview"},"content":{"rendered":"
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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.<\/p>\n

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.<\/p>\n\n

Who can give migration advice<\/h2>\n

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.<\/p>\n\n

The business innovation and investment program has closed<\/h2>\n

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.<\/p>\n

For new applicants, the government’s focus has moved to talent and innovation, and to employer-sponsored skilled migration.<\/p>\n\n

The National Innovation Visa (subclass 858)<\/h2>\n

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.<\/p>\n

Expression of interest and invitation<\/h3>\n

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.<\/p>\n

Nomination<\/h3>\n

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.<\/p>\n

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.<\/p>\n\n

Employer-sponsored options: the Skills in Demand visa (subclass 482)<\/h2>\n

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.<\/p>\n

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.<\/p>\n\n

State and territory nomination<\/h2>\n

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.<\/p>\n\n

Coordinating the visa with the business structure<\/h2>\n

A visa strategy can fail if the business is not structured to support it. Points to consider together may include:<\/p>\n