Is there still an entrepreneur visa in Australia?
No visa called an entrepreneur visa is open. Home Affairs’ “BIIP closure and refunds” confirms that the program, including the 188 Entrepreneur stream, closed to new applications on 31 July 2024. Schedule 13 of the Migration Regulations 1994 records the Business Talent (subclass 132) repeal on 1 July 2021.
On-hand 188 applications and eligible holders’ 888 applications continue. Home Affairs’ “National Innovation Visa” names entrepreneurs and innovative investors, but Part 858 tests achievement—not simply business ownership.
What replaced the 188 visa?
No visa replaced the 188 one for one. The Minister’s Budget release of 14 May 2024 paired implementing the National Innovation visa with closing BIIP. Home Affairs’ news of 12 June 2024 said there would be no new BIIP allocations while a new talent visa was designed.
The Migration Amendment (National Innovation Visa) Regulations 2024 commenced on 6 December 2024. Home Affairs’ planning category “Talent and Innovation” now includes the NIV and on-hand Global Talent, Distinguished Talent and BIIP applications.
Home Affairs’ The Administration of the Immigration Program, 16th edition, records BIIP places of 5,000 in 2022–23, 1,900 in 2023–24 and 1,000 in 2024–25. Its “Migration Program planning levels” allocates 20 BIIP places within 3,500 Talent and Innovation places for 2026–27.
Where the 858 fits for founders: the Direction 120 indicators
Direction 120 lists founder-relevant indicators. Home Affairs’ “National Innovation visa priorities” places the business indicators “in conjunction with nomination by an expert” government agency.
Section 9(4), with agency nomination, includes:
- Innovative business activity, such as significant angel investment or leading internationally reputed companies to an IPO.
- Promising entrepreneurial activity leading to commercialisation in Australia, especially linked to Australian or state innovation hubs.
- Exceptional service to the Australian community.
- Achievements serving the nominating agency’s strategic priorities.
Section 9(3), for all applicants, includes recognised intellectual property, such as international patents, and earnings at or above the Fair Work high income threshold. The Fair Work Commission sets that threshold at $190,100 from 1 July 2026; Home Affairs does not count income outside your field.
Home Affairs’ evidence examples include supporting successful innovative ventures and leading companies to an IPO. Direction 120 says its factors are not a checklist. Agency nomination sits in Priority 2 in the 858 priority order, ahead of the sector-based groups.
The 858 for innovative investors
Home Affairs names innovative investors as an NIV audience, but Part 858 sets no investment amount: the case remains an internationally recognised record of exceptional and outstanding achievement.
Home Affairs gives supporting successful innovative ventures as evidence; Direction 120 s 9(4) includes significant angel investment for agency-nominated candidates. Describing the 858 as a “golden visa” is misleading: the Regulations contain no investment threshold.
The 188 Significant Investor stream closed with the program on 31 July 2024, and Home Affairs’ “BIIP closure and refunds” provides application-charge refunds to applicants who withdraw.
State entrepreneur and investor categories for the 858
South Australia’s NIV page, NSW’s NIV page and Migration Queensland’s NIV page, alongside their nomination guidance, show these differences.
| State | Categories | Money test | Status (as at 3 October 2026) | What the state gives | Fee |
|---|---|---|---|---|---|
| South Australia | Entrepreneurs; Innovative investors | No minimum investment | Open on the face of its pages; NIV pages modified 9 February 2026 | Completed Form 1000 and business case letter | Nil |
| New South Wales | Entrepreneurs; Innovative Investors | No dollar threshold published | Open; registration link live in guide modified 14 September 2026 | Form 1000 and recommendation letter | None |
| Queensland | Entrepreneurs; Innovative investors | Entrepreneurs: $1 million in Queensland within two years of grant; investors: at least $5 million for two or more years | Closed for 2025–26; 2026–27 reopening date not given | Form 1000 signed by Trade and Investment Commissioner | None published |
South Australia’s requirements expect a launch in the state, with most project activity, assets and staff there; excluded non-innovative businesses include cafes, restaurants, franchises, real estate and retail. NSW seeks a record of launching, scaling and exiting innovative businesses plus a NSW venture plan. Trade and Investment Queensland regards Tier One or Two investor candidates highly.
Victoria and Tasmania use agency referrals, not registrations of interest. State money tests are nomination requirements, not Part 858 visa conditions; states warn that nomination guarantees neither invitation nor grant. The comparison of how each state and territory nominates covers the wider categories.
GTES: the startup employer route for 482 visas
The Global Talent Employer Sponsored (GTES) program's Startup stream lets an endorsed startup employer sponsor workers for Skills in Demand (subclass 482) visas; it is not a way into the 858.
Home Affairs’ “Visas for innovation” distinguishes the programs. Its “Global Talent Employer Sponsored” page requires a tech-based or STEM startup, GTES startup advisory panel endorsement and at least $50,000 from a registered ESVCLP fund or an Accelerating Commercialisation Grant. It allows up to five positions yearly, visas up to four years and a transitional permanent-residence pathway after two years; salary must meet market rate and be at least $80,000.
The GTES page prohibits family relationships with directors or shareholders. It does not say whether founders or shareholders qualify for sponsorship by their own startup.
Founders under 18 or aged 55 and over
Under Migration Regulations 1994 clause 858.212(2)(f), founders under 18 or aged 55 or over at application must also demonstrate exceptional benefit to the Australian community.
Home Affairs describes ongoing, sustained benefit realised shortly after migration. Evidence examples include a pitch deck or business plan for a highly innovative organisation filling an industry gap or creating many jobs.
If you hold or applied for a 188: refunds and the 888
Home Affairs’ “BIIP closure and refunds” confirms that on-hand 188 applications remain in processing and eligible holders still have access to the 888.
Refunds cover withdrawals on or after 31 July 2024 from the 188 Business Innovation, Investor, Significant Investor and Entrepreneur streams—not the two Extension streams—and subclass 132 Significant Business History and Venture Capital Entrepreneur applications. Withdraw in ImmiAccount, then request a refund under My Payments. Home Affairs publishes no standard refund timeframe.
Common founder questions
Is the 188 visa still available?
No new applications: Home Affairs confirms closure on 31 July 2024, with on-hand applications still processed.
What are the requirements for an entrepreneur visa in Australia?
No entrepreneur visa is open. Part 858 requires an invitation, internationally recognised exceptional and outstanding achievement and a Form 1000 nominator.
How much do I need to invest for the 858?
Part 858 sets no amount. Queensland’s closed categories publish $1 million for entrepreneurs and $5 million for investors as nomination tests.
Can I get PR in Australia if I start a business?
Not through starting alone. Home Affairs describes the 858 as permanent, but Part 858 tests achievement; its business priority indicators sit alongside agency nomination.
Can a founder sponsor themselves through GTES?
Home Affairs’ GTES page leaves this unanswered; it rules out family relationships with directors or shareholders.
Do South Australia or New South Wales charge for founder nominations?
Their NIV guidance states nil fees in South Australia and no ROI or nomination fee in NSW.
Founders and the 858 visa requirements
Part 858 of the Migration Regulations 1994 and Home Affairs’ “National Innovation visa” guidance require:
- A written Ministerial invitation after an EOI.
- Internationally recognised exceptional and outstanding achievement in a profession, sport, the arts, or academia and research.
- Continued prominence, evidenced by recent achievements.
- Being an asset to the Australian community.
- No difficulty becoming established in Australia in the field; outside-field income does not count.
- Form 1000 from a same-field, nationally reputable nominator: an Australian citizen, permanent resident, eligible New Zealand citizen or Australian organisation, including a government agency.
- The applicable age test, health, character and other public interest criteria.
The detailed 858 visa requirements explain when each test applies. The full 858 visa guide connects the EOI, nomination and application stages.
Ask an Australian migration lawyer to check how the founder’s internationally recognised achievements are evidenced and distinguish Direction 120 indicators from separate state nomination requirements.
Enquiry prompt: Request a founder-evidence review by an Australian migration lawyer, including checks for missing documents and inconsistent business claims.