You must hold complying investments continuously for the life of your provisional visa.
You can switch between complying investments or between complying significant investments provided that:
- funds you withdraw from an investment are reinvested into other complying investments within 30 days
- the sum withdrawn corresponds with the sum reinvested (irrespective of any gains and losses due to market exposures).
Funds reinvested into a complying investment within 30 days are taken to have been held continuously from the original investment date.
Funds withdrawn from venture capital or emerging companies must be reinvested into venture capital or emerging companies. Funds withdrawn from the ‘balancing investment’ category of investments can be reinvested into another balancing investment, venture capital or emerging companies.
If funds are withdrawn from venture capital because the venture capital investment has been realised, those funds must be reinvested, but can be reinvested in any eligible complying significant investment.
Extend your stay: the Significant Investor stream
You can apply to extend your stay for an extra two years under a Significant Investor Extension stream. You can apply for this extension stream twice, giving you a maximum of eight years on this provisional visa.
To be eligible for this extension stream:
- you must already hold a visa in the Significant Investor stream, and either:
- have had it for at least three years, or
- have not held more than one visa in the Significant Investor Extension stream
- you must have a current nomination from a state or territory government agency
- you must have a genuine intention to live in the nominating state or territory
- you must have continuously maintained your complying investment or complying significant investment in accordance with complying investment framework in place at the time you applied for your original subclass 188 visa.
You are responsible for the investment decisions that you make. You must submit:
Form 1412 - Deed of acknowledgement, undertaking and release (33KB PDF).
You and each other applicant aged 18 years or older must sign the form, in which you acknowledge that you are responsible for your financial and legal affairs and decide not to sue or incur any liabilities to the Australian Government in relation to any loss relating to the complying investment.
If you applied prior to 1 July 2015 and your complying investment was made through or switched into a managed fund, you must have submitted:
Form 1413 - Declaration in relation to managed funds (33KB PDF).
The form must be signed by a fund manager for each complying investment made through or switched into a managed fund, and state that investments made via the managed fund are limited to certain prescribed categories.
If your complying investment was made directly in an Australian private company, the company must be registered with the Australian Securities and Investments Commission and you must have an ownership interest in the company.
You must also ensure that:
- if the period of your direct investment was less than two years, the company operated a qualifying business for the entire time
- if the period of the direct investment was more than two years, the company was a qualifying business for at least two years.