Australian Immigration Daily News

The Migration (Complying Entrepreneur Activity - Funding Entities) Instrument 2026 (LIN 26/055) commenced on 25 September 2026.

The instrument repeals and replaces Specification of Entities 2016/074 (IMMI 16/074), which was due to sunset on 1 October 2026. It maintains the existing policy arrangements, with only minor changes to modernise the drafting.

Application of the funding requirement

Regulation 5.19E of the Migration Regulations 1994 sets out the requirements for a complying entrepreneur activity under the Entrepreneur streams of the:

• subclass 188 Business Innovation and Investment (Provisional) visa; and
• subclass 888 Business Innovation and Investment (Permanent) visa.

For applicants invited to apply before 1 July 2021, funding for the complying entrepreneur activity must have been provided to the applicant, a body corporate or a partnership under one or more legally enforceable agreements with an approved funding entity.

Approved funding entities

LIN 26/055 specifies the following classes of approved entities:

• agencies of the Commonwealth, a state or a territory;
• bodies established under Commonwealth, state or territory legislation that undertake publicly funded research or innovation initiatives;
• investors registered or conditionally registered as venture capital limited partnerships or early-stage venture capital limited partnerships under the Venture Capital Act 2002; and
• higher education providers listed as Table A or Table B providers under the Higher Education Support Act 2003.

No changes have been made to the classes of entities previously specified under IMMI 16/074.

Continuing relevance

The subclass 188 Business Innovation and Investment visa closed to new applications on 31 July 2024. However, the instrument remains relevant to existing Entrepreneur stream visa holders progressing through the program.

Where the funding requirements apply, applicants must demonstrate that the relevant funding was provided by a prescribed entity under a legally enforceable agreement.

Applicants and migration advisers should retain evidence establishing:

• the identity and legal status of the funding entity;
• the entity’s inclusion within one of the prescribed classes;
• the existence and terms of the legally enforceable funding agreement;
• the amount and timing of the funding; and
• the connection between the funding and the complying entrepreneur activity.

LIN 26/055 ensures that the existing funding framework continues following the repeal of the previous instrument.

Source: Migration-Complying-Entrepreneur-Activity-Funding-Entities-Instrument-2026.pdf and

Migration-Complying-Entrepreneur-Activity-Funding-Entities-Instrument-2026-explanatory-statement.pdf