Business Innovation Points Test

Publish Date: Nov 04, 2012

The following is a summary of the points that are awarded for the subclass 188 visa.

There are a number of complex rules that govern the way points are calculated and what specific phrases, such as “main business” mean. You should not assume that just because your business has the necessary turnover, it will qualify for points. You will not get any points for turnover unless you can show that your business is a “main business”.

Our expert immigration lawyers can help you accurately calculate the number of points that you will be entitled to for the purpose of an application for a subclass 188 visa.

Points are awarded for the following attributes:

Age

If, at the time you are invited to apply for a visa, you are:

not less than 18 and under 25

20 points

not less than 25 and under 33

30 points

not less than 33 and under 40

25 points

not less than 40 and under 45

20 points

not less than 45 and under 55

15 points

 
English language skills

If, at the time you are invited to apply for a visa, you have:

5 points

10 points

 
Qualifications

If, at the time you are invited to apply for a visa, you:

met the requirements for:

 

     (a) the award of a trade qualification, diploma or bachelor degree by an Australian educational institution; or

5 points

     (b) the award of a bachelor qualification by an educational institution that is of a recognised standard

 
 

met the requirements for:

 

     (a) the award of a bachelor degree in business, science or technology by an Australian educational institution; or

10 points

     (b) the award of a bachelor qualification in business, science or technology by an educational institution that is of a recognised standard

 

Business experience – Business stream only

You have held one or more main businesses for:
 

not less than 4 years in the 5 years immediately before the time of invitation to apply for the visa

 

10 points

not less than 7 years in the 8 years immediately before the time of invitation to apply for the visa

 

15 points

Investor experience – Investor stream only

You have:
 

held eligible investments which had a value of not less than AUD100 000 for not less than 4 years immediately before the time of invitation to apply for the visa

 

10 points

held eligible investments which had a value of not less than AUD100 000 for not less than 7 years immediately before the time of invitation to apply for the visa

 

15 points

The net value of your business and personal assets

If in each of the 2 fiscal years immediately before the time of invitation to apply for the visa the net value of your business and personal assets (incl your spouse) was:

not less than AUD$800,000

 

5 points

not less than AUD$1,300,000

 

15 points

not less than AUD$1,800,000

 

25 points

not less than AUD$2,250,000

 

35 points

 
Business turnover

If in at least 2 of the 4 fiscal years immediately before the time of invitation to apply for the visa you main business or businesses had a turnover of:

not less than AUD$500,000

 
5 points

not less than AUD$1,000,000

 
15 points

not less than AUD$1,500,000

 
25 points
 
Business innovation

If at the time you are invited to apply for a visa:

you, or a main business of yours, had either or both of the following:

 
15 points
(a) one or more patents that:
 

(i) were registered not less than 1 year before that time; and

 

(ii) were used in the day to day activities of the main business;

 
(b) one or more registered designs that:
 

(i) were registered not less than 1 year before that time; and

 

(ii) were used in the day to day activities of the main business

 
 

you, or your main business, had one or more registered trade marks that:

 
10 points

(a) were registered not less than 1 year before that time; and

 
 

(b) were used in the day to day activities of the main business

 
 

each of the following applied:

 
5 points

(a) at least one main business in which you held an ownership interest operated in accordance with a formal joint venture agreement entered into with another business or businesses;

 
 

(b) the joint venture agreement had been entered into not less than 1 year before the time of invitation to apply for the visa;

 
 

(c) you utilised your skills in actively participating at a senior level in the day to day management of the business

 
 

at least one main business held by you derived not less than 50% of its annual turnover from export trade in at least 2 of the 4 fiscal years immediately before that time

 
15 points

you had an ownership interest in at least one main business that:

 
10 points

(a) was established not more than 5 years before that time; and

 

(b) had an average annualised growth in turnover that was greater than 20% per annum over 3 continuous fiscal years; and

 
 

(c) in at least one of the 3 fiscal years mentioned in paragraph (b) employed 10 or more employees for a total number of hours that was at least the total number of hours that would have been worked by 10 full-time employees

 
 

You, or at least one of your main businesses in which you held an ownership interest:

 
10 points
(a) had received a grant that:
 

(i)     was awarded for the purposes of early phase start up of a business, product commercialisation, business development or business expansion; and

 

(ii)    was at least AUD$10,000; and

 

(iii)   was awarded by a government body in the applicant’s home country; and

 

(iv)   had been received not more than 4 years immediately before that time; or

 
 

(b) had received venture capital funding of at least AUD$100,000 not more than 4 years before the time of the invitation for the purposes of early phase start up of a business, product commercialisation, business development or business expansion

 
 

State or Territory sponsorship

If at the time you receive an invitation to apply for a visa:

the nominating State or Territory government agency had determined that the business proposed by you was of unique and important benefit to the State or Territory where the nominating government agency is located

10 points

 
 
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