Australian Entrepreneur Visa Rules Confirmed: No Substantive Changes to Excluded Activities
Summary
Australia has officially re-issued its "Migration (Complying Entrepreneur Activity - Excluded Activities) Instrument 2026," which commenced on September 25, 2026. This instrument replaces an expiring predecessor but crucially maintains the existing definitions for what constitutes an "excluded entrepreneur activity" for visa purposes without any substantive changes. For immigrants pursuing entrepreneurial pathways to permanent residency, this provides certainty by confirming that the criteria they've been planning against remain consistent.
The Australian Department of Home Affairs has introduced the "Migration (Complying Entrepreneur Activity - Excluded Activities) Instrument 2026" (LIN 26/056), which came into effect on September 25, 2026. This new instrument serves to repeal and replace the previous "Specification of Activities 2016/075" (IMMI 16/075), which was scheduled to sunset shortly thereafter. Importantly, the instrument confirms that the policy settings regarding what activities are *excluded* from being considered a "complying entrepreneur activity" under Regulation 5.19E of the Migration Regulations 1994 remain unchanged. This means certain types of business establishment, purchase, investment, or acquisition of interest, previously deemed non-complying, continue to be so.
For immigrants aspiring to secure an Australian visa through entrepreneurial activity, this legislative update provides stability rather than introducing new hurdles. While it doesn't open new avenues, it prevents uncertainty that could have arisen if the previous instrument had simply lapsed. Applicants should understand that the specific types of businesses or investments that have historically been disqualified from the "complying entrepreneur activity" definition continue to be excluded, requiring careful review of their proposed ventures against these long-standing criteria. This ensures a consistent landscape for business migration applicants.
Background
This instrument effectively rolls over and updates an existing policy, the Specification of Activities 2016/075, ensuring continuity in the definition of excluded entrepreneurial activities for Australian visa programs. The policy itself, defining what *isn't* a complying entrepreneur activity, has been in place for several years.
Who This Affects
- Prospective Entrepreneur Visa applicants are affected as the rules they need to follow for "complying entrepreneur activity" remain precisely as they were, without any new opportunities or restrictions.
- Immigrants currently planning business ventures for visa purposes must continue to ensure their proposed activities do not fall into the pre-existing list of excluded categories.
- Australian immigration agents and lawyers benefit from policy clarity, as this instrument confirms stable guidance for advising their entrepreneurial clients.
What You Should Do Now
- Review the specific details of Regulation 5.19E and the full list of excluded activities to ensure your entrepreneurial plan aligns with compliant activities.
- If you are uncertain, consult with a qualified Australian immigration lawyer or migration agent to assess your business proposal against the existing criteria.
- Continue to develop business plans that genuinely demonstrate innovation and potential for growth, avoiding activities historically deemed non-complying.
Key Takeaway
Australia's rules for excluded entrepreneurial activities under its visa program remain unchanged, providing certainty for prospective business migrants.
Source: Read official article on Migration Alliance (AU)
Publisher note — NaviBound summarizes cited third-party sources for convenience only. Confirm all requirements with the linked official announcement and qualified professionals. Not legal advice. Display date: Sep 25, 2026. Editorial policy