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Australian Significant Investor Visa Scheme

Tomorrow’s

blossomrelies on

today’s seed

Contents

An introduction and how Morgans can assist you 3Visa Requirements Complying Investments under the Significant Investor Stream 4 Venture Capital and Growth Private Equity Funds (VCPE) 4 Emerging Companies 5 Balancing Investments 5 Additional requirements 5 Applying 5Austrade Nomination Conditions and Applications Austrade 6State Government Nomination Conditions and Applications Victoria 7 New South Wales 7 Queensland 7 South Australia 8 Western Australia 8 Tasmania 8 Australian Capital Territory 9 Northern Territory 9Fees Significant Investor Visa Fees 10 Advisor fees 10 Morgans fees 10Risks 11

An introduction and how Morgans can assist you

First introduced on 24 November 2012, the Significant Investor Visa (SIV) scheme provides a streamlined pathway for individuals seeking permanent residency in Australia while making a financial commitment to Australia’s future prosperity through a minimum AUD5 million investment.

The SIV (subclass 188) is issued to applicants for a four year period. By investing AUD5 million in complying investments during this period, the applicant can then seek to obtain permanent residency under the SIV (Subclass 888).

On 24 April 2015, the Australian Government announced changes to the SIV scheme to encourage applicants to make investments that further advance economic growth of Australia. These investments must be across a range of complying sectors and investment products as outlined in this publication.

About MorgansMorgans Financial Limited (Morgans) is Australia’s largest national full-service retail stockbroking and wealth management firm, with more than

300,000 clients, 500 authorised representatives and 850 staff. We operate from more than 60 offices in all States and Territories across Australia.

It is important to understand that only specific types of investments are recognised as Complying Investments under the SIV program. Throughout the investment process, Morgans will:

§ Help you to understand the different types of investments and specifically which qualify under the program and assist you with your periodic review of your investments.

§ Work directly with you as well as with your legal and immigration advisers to ensure we make the process as simple as possible.

§ Explain important matters you need to consider, such as risk and diversification.

Morgans will also provide for you a detailed reporting and administration service via our managed portfolio service; Wealth+. This comprehensive service offers the following features:

§ Regular valuation reports. § Processing and monitoring of all documentation related to your investments.

§ Recording of all dividends and income details.

§ Online portfolio access. § Third party payments. § A linked and integrated cash management account .

§ Provision of timely information about capital raisings (where applicable).

§ Regular pricing updates. § Ensuring correct tax treatment for complex holdings and corporate actions.

§ The service also produces an annual tax statement and data files for use by your accountant or tax agent.

§ Morgans understands investing, because that is all we do. We will share our experience and specialist knowledge with you as well as explain to you specific aspects of the SIV program. To help you, Morgans has already reviewed many investment alternatives but importantly has also considered the importance of investment diversification and flexibility whilst supporting your ongoing compliance with SIV requirements.

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Complying Investments under the Significant Investor Stream Under changes to the Significant Investor Visa that came into effect on 1 July 2015, an individual seeking to obtain the visa must comply with the required investment profile. Applicants are required to make a total investment of at least AUD5 million in complying investments across three specific categories.

The investments must include:

§ A minimum of AUD500 000 invested into one or more complying venture capital or growth private equity funds.

§ A minimum of AUD1.5 million invested in eligible emerging companies via a complying product.

§ A balancing investment of up to AUD3 million (assuming a total AUD5 million investment).

Visa Requirements

A key difference for investors between supporting ESVLCPs and VLCPs is the tax treatment of investor returns. For ESVCLPs, both capital and income returns are tax free, whereas for VLCPs only capital gains are tax free. (Note: Applicants should seek independent tax advice regarding their own circumstances).

Applicants are required to invest AUD500,000 into one or more AusIndustry registered fund(s). It is the responsibility of the investor to prove to the Department of Immigration and Border Protection (DIBP) that each investment is compliant. Importantly, applicants have 12 months in which to commit to a VCPE fund; during this period they can explore investment options.

Venture Capital and Growth Private Equity Funds (VCPE) Venture Capital programs such as the Early Stage Venture Capital Limited Partnerships (ESVCLP), Venture Capital Limited Partnerships (VCLP) and Australian Fund of Funds (AFOF) work with private venture capital fund managers to provide essential capital and expertise to start up and developing companies. These programs help develop a vibrant venture capital industry in Australia and the growth of new and innovative businesses.

ESVCLPs support businesses up to AUD100 million in value while VCLPs extend to AUD250 million. The following charts show the skew of funding to ESVCLPs as well as the breadth of venture capital funding across sectors in Australia. The SIV program is seen as an important element in supporting Australian innovation.

Source: AusIndustry

AUD500,000

AUD1,500,000 AUD3,000,000

Venture Capital

Emerging Companies

Balancing Investments

4 | Australian Significant Investor Visa Scheme

A complying investment in a VCPE consists of a three part test

1. Proof of the upfront payment of the applicant’s monies into specified and complying vehicle(s).

2. Proof that the applicant has committed with the VCPE fund within 12 months of the provisional visa being granted.

3. Proof that the investment in a VCPE fund(s) has commenced within four years of the grant of the provisional visa.

Emerging Companies The second complying investment category required under the SIV, is a minimum AUD 1.5 million in a complying managed fund or a listed investment company (LIC). The managed fund and LIC must invest in emerging companies that meet one or more of the following criteria and comply with the stated restrictions:

§ Securities listed on ASX. § Securities listed on a securities exchange other than ASX.

Visa Requirements

§ Corporate bonds or notes issued by companies quoted on ASX; or registered foreign or domestic companies, if bonds or notes are rated as investment grade by a credit rating agency.

§ Annuities issued by Australian registered life companies.

§ Australian real property (10% limit on residential real estate).

§ Cash held by Australian ADIs (no more than 20% of the fund’s net assets).

§ Derivatives for risk management purposes only.

Additional requirements General

Applicants and their families will be subject to a health and probity assessments.

Residential and Age requirements

The primary applicant must reside in Australia for an average of 40 days per year over the four years. Alternatively, the secondary applicant (spouse) must meet an average of 180 days residency per year over the four years.

§ Securities in companies incorporated in Australia that are not listed on Australian security exchanges (no more than 20% of the fund’s net assets).

§ Securities quoted on a securities exchange operating in a foreign country (no more than 10% of the value of the managed investment fund’s net assets).

§ Cash held with Australian ADIs, including certificates of deposit, bank bills and other cash like instruments.

§ Derivatives (hedging only).

At the time of the initial investment in these securities, the recipient investee companies must have a market capitalisation of less than AUD500 million.

Balancing InvestmentsThe remainder of the investment can be invested in balancing investments via a managed fund or LIC. Balancing investments can include:

§ Securities on an Australian securities exchange (a company, A-REIT or infrastructure fund).

Under the Significant Investor Stream, primary applicants must be over the age of 18.

ApplyingApplications under the SIV program are subject to individual State and Territory Government requirements and nomination. Alternatively, Austrade is able to nominate applicants to the DIBP for SIV consideration. More detail about individual nomination requirements is outlined in subsequent pages of this publication.

Source: AusIndustry

Source: AusIndustry

VCLP investments by Investee company size As at 30 June 2012

VCLP investments sizeAs at 30 June 2012

Greater than$100 million

and less than$250 million

Less than$100 millionin assets 74% Biotech 16%

IT and Communication 16%

Services 45%

Manufacturingand Transport 18%

Energy and Mining 5%

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Austrade Nomination Criteria

As of the 1st of July 2015, Austrade is able to nominate SIV applicants to DIBP. Austrade nominated applicants must have:

§ A genuine and realistic commitment to reside in Australia.

§ Continue your business and investment activity in Australia.

§ Live in Australia for at least 40 days per year (averaged over the 4 years).

Obtaining Permanent Residency

§ Lodge an Expression of Interest form through the DIBP’s on-line registration service; SkillSelect. Your EOI must specify that you intend to seek nomination from the Australian Government through Austrade.

§ If successful, Austrade will invite you to apply. Your invitation letter provides further details on how to lodge your application through DIBP’s SkillSelect.

Austrade Nomination Conditions and Applications

Telephone 13 18 81 (8.30am-4.30pm, Mon-Fri)

Website www.border.gov.au/about/contact/make-enquiry

Supporting Links

Relevant documentationwww.border.gov.au/Trav/Visa-1/188-/Business-Innovation-and-Investment-(Provisional)-visa-(subclass-188)-document-checklist

Australian Consulate-General Hong Konghongkong.china.embassy.gov.au/hkng/home.html

Business Innovation and Investment Visa (Subclass 188) www.border.gov.au/Trav/Visa-1/188-/Business-Innovation-and-Investment-(Provisional)-visa-(subclass-188)-document-checklist

§ Prepare the relevant documents. § Lodge your application online and pay the visa application charge by credit card. Residents from China, Hong Kong, Macau or Taiwan should send their documents to the Australian Consulate General Hong Kong. If you live elsewhere, send your documents by registered post to the Adelaide office in South Australia – Attention the Adelaide Business Skills Processing Centre.

Contact

Australian Consulate-General Hong Kong23/F Harbour Centre 25 Harbour Road, Wanchai, Hong Kong

Telephone +852 2827 8881

Fax +852 2585 4457

Adelaide Business Skills Processing Centre Department of Immigration and Border Protection GPO Box 2399 Adelaide SA 5001 Australia


Victoria Nomination Criteria

Applicants must meet the DIBP’s requirements and complying investments. Additional Victorian conditions include:

§ VCPE investment demonstrates economic benefit to Victoria (Fund is investing in Victoria, or maintains an office in Victoria).

§ Balancing investments and investments in emerging companies generates an economic benefit to Victoria. Applicants will need to demonstrate that a Victorian investment is included in the fund or the managed fund provider maintains an office in Victoria.

Applicants are required to live in Victoria to honor their commitment to their investment and to demonstrate a genuine commitment to seeking permanent residency.


§ Lodge an Expression of Interest form through DIBP’s SkillSelect.

§ Complete the relevant documentation:

– State-nominated Significant Investor Visa nomination conditions form

– Appointment of an agent/representative for State nomination form

§ Apply for the Victorian Visa nomination by completing State-nominated Business Significant Investor Visa offline application form.

to be eligible for the 888 Visa. Note: the Permanent Visa (888) application is to be received by the DIBP before the Provisional (188) Visa expires.

Contact Migration Services New South Wales

Postal addressMigration Services NSW Trade and Investment GPO Box 5477Sydney NSW 2001 Australia

CourierMigration Services NSW Trade and Investment Level 47 MLC Centre 19 Martin Place Sydney NSW 2000 Australia

QueenslandNomination Criteria

Applicants must meet the complying investments criteria outlined by DIBP. Applicants seeking Queensland nomination are required to invest a minimum of AUD2.5 Million in Queensland across the complying investments.

The fund manager is required to provide evidence that the investment is of direct economic benefit to Queensland. This could be demonstrated through:

§ A proportion of the fund as a percentage investing directly into Queensland, or

§ The applicant’s funds are able to be apportioned to investments in Queensland.

The Queensland Government does not permit transfer of nomination to another State or Territory.

Applicants must also provide confirmation that the investment was maintained and approved at the Subclass 188 stage.

State Government Nomination Conditions and Applications

Contact Business Migration Victoria

[email protected]

Telephone+ 61 3 9651 9756

Postal address Skilled and Business Migration Program – Department of Economic Development, Jobs, Transport and Resources State Government of Victoria GPO Box 4509 Melbourne VIC 3001 Australia

New South WalesNomination Criteria

Applicants must meet the complying investments outlined by DIBP. They must also provide details of complying investment intentions within NSW in the NSW application form.


§ Submit an Expression of Interest (EOI) through DIBP’s SkillSelect.

§ Complete a NSW online application form for the Significant Investor Visa.

§ Pay the required application fee. § Send application and supporting documents to the NSW Department of Industry to the address below.

§ Having obtained the Provisional Visa (188), applicants can subsequently apply for the Permanent Visa (888) by submitting an online application for State nomination.

§ If approved, applicants will receive a State Government signed copy of Form 1414. This form is to be included in the visa application to DIBP in order


§ Review the SIV conditions and eligibility criteria through DIBP and Business and Skilled Migrations Queensland (BSMQ).

§ Lodge an Expression of Interest form through DIBP’s SkillSelect.

§ If the Queensland eligibility criteria are met, the applicant will be emailed with further instructions on how to finalise the remainder of the application.

§ If you are nominated by BSMQ, the applicant will be emailed inviting them to lodge an application within 60 days of nomination.


§ If approved, applicants will receive a State Government signed copy of Form 1414. This form is to be included in the visa application to DIBP in order to be eligible for the 888 Visa. Note: the Permanent Visa (888) application is to be received by the DIBP before the Provisional (188) Visa expires.

Contact Business Skilled Migration Queensland

Email [email protected]

Telephone +61 7 3514 3013

Postal address Business and Skilled Migration Queensland Trade and Investment Queensland PO Box 12400, George Street Brisbane QLD 4003 Australia

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§ Lodge an application through the Business Migration Centre (BMC). A fee of AUD500 applies.

§ If granted a State nomination, applicants are required to then lodge an Expression of Interest (EOI) through DIBP’s SkillSelect.

§ If approved, the applicant will receive an invitation from DIBP to lodge an application for the visa within 60 days.


§ If approved, applicants will receive a State government signed copy of Form 1414. This form is to be included in the visa application to DIBP in order to be eligible for the 888 visa. Note: the Permanent Visa (888) application is to be received by the DIBP before the Provisional (188) Visa expires.

Business Migration Western Australia


Telephone +61 8 6552 3300

Fax +61 8 6552 3399

Postal address Small Business Development CorporationGPO Box C111 Perth WA 6001 Australia

South AustraliaNomination Criteria

Applicants must meet the complying investments outlined by DIBP and are required to complete biannual surveys issued by Immigration South Australia.

Applicants are required to meet benefit to State requirements by agreeing to one of the following options:

§ Become a member and attend six meetings or events of an approved local organisation for three of the four years.

§ Have one of your children reside and educated for two of the four years in South Australia.

§ Have purchased a residential property at a minimum value of AUD500,000 in South Australia.


§ Check the DIBP visa conditions and South Australian requirements.

§ Lodge an Expression of Interest (EOI) form through DIBP’s SkillSelect.

§ Create an Immigration South Australia account and submit an online application for State nomination.




Tasmania Nomination Criteria

Applicants must meet the complying investments outlined by DIBP.

Nominating for subsequent visas, the applicant must be able to provide evidence that investments are compliant to both Tasmanian and DIBP requirements.

The Tasmanian Government invites the applicant to reside in Tasmania; however it is not a mandatory requirement.


§ The applicant must ensure that they have met the DIBP and State nomination requirements.

§ Lodge an Expression of Interest (EOI) through DIBP’s SkillSelect and provide Migration Tasmania with the reference number.

§ Once the applicant has received confirmation, they have 60 days to complete the application to DIBP.


§ If approved, applicants will receive a State government signed copy of Form 1414. This form is to be included in the visa application to DIBP in order to be eligible for the 888 Visa. Note: the Permanent Visa (888) application is to be received by the DIBP before the Provisional (188) Visa expires.

§ If approved, applicants will receive a State Government signed copy of Form 1414. This form is to be included in the visa application to DIBP in order to be eligible for the 888 Visa. Note: the Permanent Visa (888) application is to be received by the DIBP before the Provisional (188) Visa expires.

Contact Business Skilled Migration Unit


Telephone +61 (8) 8303 2420

Postal address Immigration SAGPO Box 320Adelaide SA 5001 Australia

Western AustraliaNomination Criteria

Applicants must meet the complying investments outlined by DIBP.

Additionally, the Western Australian State nomination requirements include:

§ Applicants are to have an additional AUD50,000 available for settlement and domestic purposes.

Each application will be considered individually with State nomination approval based around applicants that pose greater long-term economic benefit to the Western Australian economy.

The applicant must have a genuine intention to reside in Western Australia.



§ Complete a Significant Investor Stream application form and send it to Migration NT (details below).

§ If successful, lodge an Expression of Interest (EOI) through DIBP’s SkillSelect. The applicant will then receive an invitation from DIBP to apply for the visa within 60 days.



Contact Migration Northern Territory


Postal address Migration NT Department of Business GPO Box 3200 Darwin NT 0801 Australia

Courier address 76 The Esplanade Development House Darwin NT 0800 Australia

Contact Business Skilled Migration Tasmania

Telephone + 61 3 9651 9756

Fax +61 3 6233 5800

Postal address Department of State GrowthGPO Box 536Hobart TAS 7001 Australia

Australian Capital TerritoryNomination Criteria

Applicants must meet the complying investments outlined by DIBP, with proposed investment demonstrating economic benefit to the ACT.

The applicant must meet with the ACT Government to discuss their investment intentions in advance of completing the application.


§ Lodge an Expression of Interest (EOI) form through the DIBP’s SkillSelect.

§ Applicants are required to then complete an online application and associated documents for ACT nomination for the SIV (188). (Full list of documents can be found on the ACT Government website).





Contact ACT Migration Program


Australian callers 13 22 81

International callers +61 2 6207 5111 (International call rates apply)

Postal address Client Manager, Small Business and Skills GPO Box 158 Canberra ACT 2601 Australia

Courier address ACT Chief Minister, Treasury and Economic Development Directorate ACT Government Nara House 1 Constitution Avenue Canberra ACT 2601 Australia

Northern TerritoryNomination Criteria

Applicants must meet the complying investments outlined by DIBP. A Northern Territory nomination is not transferable to other Australian States and Territories.

Applicants are required to notify the Northern Territory Department of Business of their contact details as well as their residential and business address.

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Significant Investor Visa feesThe cost of the Significant Investor Visa is set by the Department of Immigration and Border Protection and is outlined below. Additional service and management fees apply.

Fees

Visa Subclass Base Application

Charge

Additional Applicant

Charge (18 and over)

Additional Applicant

Charge (under 18)

Business Innovation and Investment (provisional) Visa (Subclass 188)

$7010 $3505 $1755

Business Innovation and Investment (Permanent) Visa (Subclass 888)

$2305 $1150 $575

State Nomination Application Charge

Queensland, South Australia, Tasmania, Victoria, Northern Territory

Nil

New South Wales $820

Western Australia $300

Australian Capital Territory $600

Advisor feesApplicants will also separately be required to pay fees and charges for other service providers (e.g. immigration agents, lawyers and accountants) that assist you with your application.

Morgans feesMorgans will charge you fees for its account set-up and advisory services as well as for ongoing portfolio administration and reporting. We will outline these fees for you as a part of the portfolio construction process. Factors that will impact the level of fees include the value of your

total investment, complexity of the client on-boarding process, nature and complexity of the investment arrangements, complexity of portfolio administration and ongoing reporting. Additionally, Morgans can factor into the total fee arrangements circumstances where we provide investment services for you outside the SIV program.


All investments are subject to a degree of risk. To assist you, we outline below a number of risks you may encounter when investing under the SIV arrangements. These risks generally apply whether the applicant invests in a LIC or managed fund; collectively known as a Managed Investment Scheme (MIS). It is important that applicants consider carefully all risks before acquiring complying investments.

The list of risk factors below is not exhaustive. These factors, and others not specifically referred to, may materially affect the financial performance of a MIS and the value of your investments. Therefore, there is no guarantee with respect to the payment of dividends, returns of capital or the market value of any investment.

Further, investors should understand that investments in Venture Capital/Private Equity and to a lesser degree Emerging Companies carry a much higher level of risk than more mainstream Balancing Investments and could potentially lead to a loss of some or all of the capital invested.

General Investment risks

Applicant’s investments are susceptible to general economic risks, market conditions and changes in Government policies. Investment returns are affected by both national and international market factors as well as factors specific to each security. In addition to this, returns are affected by the underlying business performance of individual investments.

Risks

Regulatory risk

Government authorities (State and Federal) and regulatory authorities (ASX, ATO, ASIC, etc.) impose regulatory controls which can influence the operation of a MIS or underlying investment. Regulations affecting the way the SIV program is managed or affecting the terms of the complying investments may change over time and can impact on investment strategies and value.

Tax risk

Tax liabilities are the responsibility of individual investors. Tax implications arise from ownership of investments, receipt of dividends or interest (if any) returns of capital and the disposal of securities. Changes in taxation laws could reflect negatively on an investment’s financial performance as well as returns to the investor. Morgans is not responsible for taxation advice, outcomes or penalties incurred by investors. Applicants should carefully consider any tax implications resulting from the investments made, their personal circumstances or home domicile, and should seek individual taxation advice from their personal accountant or tax adviser.

Interest Rate risk

Changes in short and long term interest rates may reflect positively or negatively on investment returns.

Liquidity risk

Investments in LIC pose liquidity risk when turnover is insufficient for the applicant to sell holdings to the market. Additionally, investments in managed funds may not be able to be withdrawn.

Counterparty and Service Provider risk

Failure to meet contractual obligations by counterparty or service providers may result in losses to a MIS and may impact your investment.

Derivatives

A MIS may trade in derivatives which may have a negative impact on investments due to adverse movements in underlying assets or where the position is costly or difficult to reverse/maintain. Derivatives can also give rise to counterparty risks.

MIS Manager risk

The performance of the MIS manager will affect the value of the applicant’s investment. Factors influencing the MIS manager’s performance include; poor investment strategies, volatility of market conditions, loss of significant clients/personnel, market and systematic risk as well as market perception of the investment manager and its funds management business.

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Morgans Financial Limited

ABN 49 010 669 726 AFSL 235410 A Participant of ASX Group | A Professional Partner of the Financial Planning Association of Australia

Level 29 123 Eagle Street Brisbane QLD 4000 AustraliaGPO Box 202 Brisbane QLD 4001 Australia

Make investing easy. Talk to your Morgans adviser or call 1800 777 946 to fi nd your nearest offi ce.

Morgans and CIMB – Please visit www.morgans.com.au to understand the products and services within our alliance.

Personal Information held by Morgans Financial Limited may have been used to enable you to receive this publication. If you do not wish your personal information to be used for this purpose in the future please contact us, either at your local Branch or to GPO Box 202 Brisbane Qld 4001. Our privacy policy is available online at www.morgans.com.au

www.morgans.com.au

Queensland

Brisbane +61 7 3334 4888Stockbroking, Corporate Advice, Wealth Management

Brisbane – Edward St +61 7 3121 5677

Brisbane – Tynan +61 7 3152 0600

Partners

Bundaberg +61 7 4153 1050

Cairns +61 7 4222 0555

Caloundra +61 7 5491 5422

Gladstone +61 7 4972 8000

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Kedron +61 7 3350 9000

Mackay +61 7 4957 3033

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Noosa +61 7 5449 9511

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Rockhampton +61 7 4922 5855

Spring Hill +61 7 3833 9333

Sunshine Coast +61 7 5479 2757

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Townsville +61 7 4725 5787

Yeppoon +61 7 4939 3021

New South Wales

Sydney +61 2 9043 7900Stockbroking, Corporate Advice, Wealth Management

Armidale +61 2 6770 3300

Ballina +61 2 6686 4144

Balmain +61 2 8755 3333

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Orange +61 2 6361 9166

Port Macquarie +61 2 6583 1735

Scone +61 2 6544 3144

Sydney – Level 7 +61 2 8216 5111Currency House

Sydney – Level 9 +61 2 8215 5000

Sydney Hunter St +61 2 9125 1788

+61 2 9615 4500

Sydney Reynolds +61 2 9373 4452Equities

Wollongong +61 2 4227 3022

Victoria

Melbourne +61 3 9947 4111Stockbroking, Corporate Advice, Wealth Management

Brighton +61 3 9519 3555

Camberwell +61 3 9813 2945

Domain +61 3 9066 3200

Farrer House +61 3 8644 5488

Geelong +61 3 5222 5128

Richmond +61 3 9916 4000

South Yarra +61 3 8762 1400

Southbank +61 3 9037 9444

Traralgon +61 3 5176 6055

Warrnambool +61 3 5559 1500

Australian Capital Territory

Canberra +61 2 6232 4999

Northern Territory

Darwin +61 8 8981 9555

Tasmania

Hobart +61 3 6236 9000

Western Australia

West Perth +61 8 6160 8700Stockbroking, Corporate Advice, Wealth Management

Perth +61 8 6462 1999

South Australia

Adelaide +61 8 8464 5000

Norwood +61 8 8461 2800

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