Today we are sharing a 132A success case.
You may not be very familiar with this visa subclass.
But today’s applicant — someone from a non-traditional migration field —study → business → migration — is well worth reading.
International graduates who prefer not to spend time and energy on English tests, job hunting, or chasing points may find this pathway worth considering.
Finance Graduate Who Spotted an Australia–China Opportunity
Mr Y graduated from Macquarie University’s finance programme in 2013 and immediately establisheda company in wholesale and export of baby products and adult health supplements between Australia and China. Through years of hard work and outstanding business acumen, the company grew steadily with rapid revenue growth. With an eye to the company’s long-term operations and development, Mr Y decided to apply for Australian permanent residency.
After consulting with a senior Newstars migration consultant and based on an assessment of Mr Y’s circumstances and business migration options, the Newstars consultant recommended the Subclass 132 Business Talent visa — a direct pathway to permanent residency in a single step.
Risks and Challenges
At the same time, the Newstars team assessed the associated risks and challenges. On one hand, Mr Y had a relatively complex visa history; on the other hand, he needed to clearly explain the source of the company’s assets and his controlling management role in the business. The Newstars team provided targeted professional advice, which gave Mr Y considerable confidence. He agreed to cooperate fully in preparing the materials and accepted the challenge.
(A partial checklist of Mr Y’s supporting documents ↑↑↑)
An Unexpected S57 Letter — But There Was More to It…
Upon receiving Mr Y’s materials, the Newstars team promptly arranged an audit for his company and began preparing the application documents. On 8 April 2021, we lodged Mr Y’s visa application and put in place a series of strategic measures while waiting for the outcome.
Less than a year into the wait, on 22 March 2022, we unexpectedly received a S57 Natural Justice Letter from the Department of Home Affairs. The case officer took the view that the application contained false and misleading information concerning the applicant’s 100% shareholding and the company’s export business，a strong likelihood the visa would be refused for breaching Schedule 4020. The applicant was required to provide a detailed explanation and supporting evidence within 28 days.
The Newstars team immediately obtained the complete registration history of Mr Y’s company from ASIC and, after repeated consultations with Mr Y,，confirmed that the case officer had misunderstood the information regarding the applicant’s 100% shareholding.Furthermore, drawing on tax law, migration law, and the specific operating model of Mr Y’s company, the Newstars team drafted a meticulous and highly persuasive explanation letter that comprehensively addressed the export business operations and demonstrated that Mr Y had not provided any false or misleading information.
(Mr Y’s family grant notification letter ↑↑↑)
After two months of waiting, on 3 June 2022, the Department finally wrote back. The case officer was highly satisfied with the explanation letter we submitted in April and overturned the earlier finding of false and misleading information.The only additional documents required were a recent asset valuation and proof of Australian qualifications — far simpler than the original S57 request, indicating that all other previously submitted materials had passed assessment.
Just as we had anticipated, on 10 August 2022, Mr Y’s Subclass 132 visa was finally granted!Congratulations to Mr Y — he and his family are now set to begin their new life in Australia!
For Business & Investor Migration, Newwstars is the Expert!
The Newstars team has once again demonstrated its expertise through a successful case. Our strong track record over many years comes not only from rigorous document review, but also from an in-depth understanding of business operations across a wide range of industries. We analyse and address each applicant’s specific circumstances to maximise success rates while helping clients achieve Australian permanent residency at the lowest possible cost and in the shortest possible time.
MARA-Registered Migration Agents & Solicitors
The 3-Year Monitoring Period for Subclass 132A ——
The Subclass 132A visa carries a monitoring period of 3 years years. After completing 24 months of compliant business activity, the visa holder must provide evidence of business activities conducted in Australia.
When reviewing the end of the monitoring period, the Department will seek feedback from the relevant state government on how the visa holder has been conducting business. Accordingly, applicants must submit Form 1010 — the Business Skills Visa Holder Survey and supporting evidence. Only after receiving state government approval confirming that the monitoring conditions have been met will the Department lift the Subclass 132A monitoring requirements.
Evidence of business activities may include (but is not limited to):
– Evidence of a substantial ownership interest in an Australian business;
– Evidence of day-to-day management of the business (e.g. business correspondence and emails in the applicant’s name, attendance at board meetings);
– Financial statements;
– Business Activity Statements (BAS);
– Company income tax returns.
If you are currently in your monitoring period and need professional guidance and assistance, please contact our team below:
International Students and Business Migration
Why Not?
Although the Subclass 132 visa is no longer open for new applications, the pathway of study → entrepreneurship → migration has not closed — in fact, it is broader than ever. Let us introduce you to Subclass 188A and 188E——
Subclass 188A — Key Requirements
1. The primary applicant must be under 55 years of age; accompanying children (if any) must be under 23;
2. EOI score of at least 65 points;
3. Annual business turnover of at least AUD 750,000 in at least 2 of the past 4 financial years;
4. The primary applicant and spouse must hold at least 30% of shares in the business (up to 2 businesses; at least 51% required if annual turnover is below AUD 400,000; at least 30% if above AUD 400,000; at least 10% for publicly listed companies);
5. A successful business background with active day-to-day management involvement;
6. Combined business and personal net assets of at least AUD 1,250,000 for the primary applicant and spouse, to be transferred to Australia within 2 years of visa grant;
Advantages of Subclass 188A for International Graduates
a. Student and graduate entrepreneurship is a growing trend
International students and graduates have become one of the largest groups among Australian small business owners. More and more of them are unwilling to simply find a job after graduation. Having established roots in Australia over several years, they identify and pursue business opportunities, leveraging their commercial acumen, capabilities, and capital to become entrepreneurs and business owners.
b. High practical flexibility
Subclass 188A does not impose strict limitations on the type or scale of business — only the turnover and shareholding requirements apply. This makes it genuinely accessible for international students already running a business in Australia or planning to start one.
c. Visa-related advantages
The unlimited work rights exemption for student visa holders was extended to at least mid-2023, and the graduate work visa provides at least 2–3 years, with further extensions available for selected fields. As onshore applicants who can remain in Australia long-term, international students who already hold a valid visa will automatically receive a Bridging Visa upon lodging a Subclass 188A application — meaning the 2-year onshore investment requirement begins counting from the date of lodgement. In other words, onshore applicants can save at least one full year compared with offshore applicants in the time it takes to reach permanent residency.
[Recent Subclass 188A Success — International Graduate Business Migration Approval]
14 months in the making! The applicant used a complex trust structure to establish a bakery business and applied for Subclass 188A on the strength of a successful business background. The complexity arose because business assets were held within the trust, which distributes profit annually, presenting a genuine challenge. Sure enough, during the additional information stage, the case officer raised questions about the asset structure. Through our team’s concerted efforts — involving detailed research and analysis of tax law (suffice it to say, no small task) — we ultimately resolved every concern and the Subclass 188A visa was granted.
Subclass 188E — Reduced Requirements Opening New Doors for International Graduates
From the last financial year, Subclass 188E has removed the AUD 200,000 investment funding requirement — a change that has opened up significant new migration opportunities for applicants with a student background.
Subclass 188E — Eligibility Requirements:
— Applicant must be under 55 years of age;
— A new innovative business, or a business the applicant intends to establish;
* The business must not involve real estate, labour hire, directly purchasing an existing Australian business, or a franchise;
— English proficiency of IELTS 6 in each band (or equivalent);
— Applicant must prepare a comprehensive business plan.
Applicants must first obtain state or territory government nomination, so the key to success lies in how convincingly the applicant presents their innovative idea — the business plan must win state government endorsement by demonstrating it can contribute to the state or even Australia as a whole. In this regard, people with a study background who have long-term local experience in studying, living, or working in Australia, and who possess solid English skills, are likely to hold a distinct advantage.
For more information on Subclass 188E, see this article: For International Graduates: Another Migration Pathway — No Occupation Restrictions, No Work Experience Required, Migrate Along the Way While Starting a Business!
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New South Wales Subclass 188C Significant Investor Visa — Approved
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Subclass 188A Business Innovation & Investment Visa — Granted
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Subclass 132 Business Talent (Permanent) Visa — Granted
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Subclass 888 Business Innovation and Investment (Permanent) Visa — Granted
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