A strategic solution for business owners and investors needing more time to qualify for permanent residency
If you currently hold a Subclass 188 visa in either the Business Innovation or Significant Investor stream, and are approaching the end of your visa term without yet meeting the requirements for the Subclass 888 permanent visa, you may be eligible to apply for the Subclass 188 Extension Stream.
This pathway provides a vital opportunity to prolong your provisional stay in Australia while you continue working toward the criteria for permanent residency.
Understanding the Subclass 188 Extension Stream
The Subclass 188 Extension Stream allows eligible visa holders to extend their stay in Australia in order to meet the requirements of the Business Innovation and Investment (Permanent) visa (Subclass 888). The length of extension available depends on your visa stream and the date on which you were invited to apply for your original Subclass 188 visa.
Business Innovation Stream
Applicants under the Business Innovation stream may be eligible for a single extension, with the maximum total duration based on their invitation date:
- Invited on or after 1 July 2021: Eligible to stay for up to 7 years from the date of the original visa grant.
- Invited before 1 July 2021: Eligible to stay for up to 6 years from the date of the original visa grant.
- If COVID-19 concessions apply: May be eligible to stay for up to 8 years.
Significant Investor Stream
Applicants under the Significant Investor stream may be eligible for up to two extensions of two years each. The maximum allowable stay is as follows:
- Invited on or after 1 July 2021:
- Initial visa holders: up to 7 years from the original grant date.
- With extensions: up to 9 years in total.
- Invited before 1 July 2021:
- Initial visa holders: up to 6 years from the original grant date.
- With extensions: up to 8 years in total.
The visa is provisional and granted with multiple entries, allowing travel in and out of Australia for the duration of its validity.
Why Consider an Extension?
✓ Applying for an extension under the Subclass 188 visa can offer you:
✓ Additional time to satisfy business turnover, ownership, and residency criteria
✓ Continuity of lawful stay while preparing for the Subclass 888 visa
✓ Flexibility to overcome delays caused by market conditions or operational challenges
✓ A clear, strategic progression toward permanent residency
Eligibility Criteria
To be eligible for the Subclass 188 Extension Stream, you must:
Be the primary holder of a Subclass 188 visa in the Business Innovation or Significant Investor stream
- Have held your visa for a minimum period (typically 3 years for Business Innovation stream)
- Maintain a valid State or Territory nomination
- Demonstrate an ongoing and genuine commitment to business or investment activity in Australia
- Meet any additional criteria specified by your nominating State or Territory
Given the variation in nomination requirements across jurisdictions, we strongly recommend obtaining legal advice tailored to your circumstances.
Plan Ahead: Timing Is Critical
It is essential that your extension application is lodged before your current visa expires. We advise initiating your planning process 6 to 12 months before your visa end date to allow sufficient time for nomination, documentation, and processing.
How We Can Help
At Augustine & Co. Immigration Lawyers, we have the expertise and experience in business and investment migration, and we are well-positioned to assist with:
✓ Reviewing your eligibility under the Subclass 888 permanent visa pathway
✓ Assessing your extension prospects and timing
✓ Preparing a strong, compliant application
✓ Liaising with State and Territory governments for updated nominations
If you’re unsure whether you qualify for an extension or need help structuring your application, we invite you to book a consultation with one of our Immigration Lawyers or Migration consultants.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
