Cryptocurrency And Australian Business Visa Guidance From Migration Agency In Sydney

To apply for the Business Innovation and Investment (provisional) visa subclass 188 - Investor stream is the most common way to qualify for an investment visa. The applicants must meet the following criteria to be eligible for the visa:

  • By an Australian State or Territory be nominated 
  • An eligible investment of at least AUD 1.5 million or you must directly manage a qualifying business
  • Have AUD 2.5 million of assets 
  • You must make a designated investment of at least AUD 1.5 million after you have applied in the nominating state or Territory
  • In managing business or investment you are required to have at least three years of experience 
  • Score 65 points at least
  • Must be under age of 55 years old
  • Have functional English 
  • Meet character and health requirements 

Is Crypto currency an eligible investment?

In regulation 118.112 and 118.113 eligible investment is defined. Eligible investment include: 

  • In a business an ownership interest
  • Bonds or Stocks
  • Cash on deposit
  • Silver or Gold bullion
  • Real estate
  • Loans to a business

The Department of Home Affairs is not considered crypto currency is an eligible investment for migration purposes, as the regulations explicitly state the above. As a personal asset Crypto currency cannot be included.

Crypto currency is not allowed be used as a source of funds or assets, according to the policy. The rule for investor visas is the applicant needs to provide a letter explaining how he/she will make a designated investment of AUD 1.5 million before the final processing of the visa and from eligible investment evidence that the proposed funds were sourced must be provided. 

Eligible investment only includes traditional investment as such for migration purpose as listed above:

Bit coin cannot be accepted as a way to transfer funds for the complying significant investment and as digital currency is not regulated under ASIC. The Department of Home Affairs is not able to verify that the funds are lawful and is unable to track digital currencies. In business Innovation and Investment program visas, any funds which cannot be traced to ensure lawfulness cannot be considered.

The applicant must meet the below regulation, in regards to the Business Investor Stream. 
The funds used to make the designated investment can either be accumulated from the eligible investment activities of the applicant or from one or more qualifying business. The declared total sum accumulated must be evidenced accordingly for the delegate’s assessment if the applicant is to liquidate his entire investment assets.

Funds must be unencumbered funds and would not include the original capital investment though it is up to the applicant on how they chose to accumulate the funds for the designated investment.

188.246

  •  Mention in sub-clause (1) the funds used to make the designated investment

a) Unencumbered and

b) accumulated from either or both of 

i)  The applicants spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, one or more qualifying 

(a)      accumulated from either or both of:

(i)      By the applicant one or more qualifying businesses conducted, the applicant’s spouse or de facto partner, or the applicant and his or her spouse or de facto partner together; and

To ensure that the funds deposited in the designated investment the intention of 188.246 is:

  •  were not accumulated from illegal activities and
  • Were owned by the applicant and were not borrowed. (and/or their spouse or de facto partner) 


 

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