State Nomination from New South Wales

New South Wales welcomes skilled migrants from all over the world who can make New South Wales's society and economy globally competitive

New South Wales (NSW) State Nomination for Skilled and Business Visas

Skilled migrants can seek state nomination from New South Wales (NSW) to meet eligibility criteria for following Skilled and Business Migration Visas.

New South Wales (NSW) State Nomination for Skilled Migration Visas

NSW provides visa nomination to highly skilled professionals in a range of occupations to help drive economic growth in the state. The applicants are expected to commit to live and work in NSW for long term to support its economy and communities. NSW state nomination is available for the following two visa subclasses in General Skilled Migration category.

- Skilled Work Regional (Provisional) Visa Subclass 491

- Skilled Nominated Visa Subclass 190

NSW State Nomination for Skilled Work Regional Visa Subclass 491

NSW participates in the 491 visa program to support its regional economies and communities through the settlement of highly skilled migrants who are committed to living and working in regional NSW long term. You must meet all criteria in one of the following streams:

Stream 1 - Living and Working in Regional NSW

To be eligible under Stream 1 you must:

- Hold a valid skills assessment for an occupation that appears on the Stream 1 combined occupation list.

- Have been living and working in your nominated (or closely related) occupation in a designated regional area of NSW for the past twelve months for a minimum 20 hours per week.

Stream 2 - Have Recently Completed Study in Regional NSW

To be eligible under Stream 2 you must:

- Hold a valid skills assessment for an occupation that appears on your preferred region's occupation list.

- Have completed study in the past 24 months where: you are eligible to claim points for 'Study in Regional Australia' on the basis of study in Regional NSW, and your qualification is assessed as closely related to your nominated occupation by the relevant assessing authority.

Stream 3 - Skilled in An Occupation Required in Regional NSW

To be eligible under Stream 3 you must:

- Hold a valid skills assessment for an occupation that appears on your preferred region's occupation list. The following are the regions within NSW: Central Coast, Central West, Far South Coast, Far West, Hunter, Illawarra, Mid North Coast, Murray, Northern Inland, Northern Rivers, Orana, Riverina, Southern Inland and Sydney.

How to Register Your Interest in NSW Nomination for 491 Visa

-You must register your interest (submit an ROI) with NSW during a submission window to be considered for nomination. You can submit an ROI by completing NSW State Nomination online form during a ‘submission window’. Submission windows for the 2021-22 financial year are the months of August, October, January, and March.

- You can only register your interest in NSW nomination once during a submission window, i.e. one ROI per person. This includes where you are skilled in more than one occupation. NSW will select and invite candidates to apply to an RDA office during the submission window and up to seven days of a submission window closing. If you are not invited to apply for nomination during a submission window, you must submit a new ROI in each later submission window you wish to be considered in.

- When you register your interest you must have already submitted an EOI in SkillSelect; have indicated NSW region where your skills are needed and you intend to apply to; and select which nomination stream you are registering for. You can only apply under one stream, for one occupation, for one region in any submission window.

- You must enter correct information such as the dates you began living and working in regional NSW (if applicable).

- If you are invited to apply on the basis of misleading or false information, your application will be declined and you will be prevented from submitting a new ROI for a minimum period of twelve months. This ban will not be lifted for any reason.

- You may only submit one ROI per submission window. Submitting more than one ROI during a submission window, including for a different occupation or preferred region, will automatically remove you from consideration.

- ROIs cannot be amended or withdrawn after they are submitted for any reason. When you submit your ROI during the submission window does not affect your likelihood of being invited to apply. Do not submit your ROI early within the submission window if your circumstances are likely to change before the end of submission window.  

- Do not submit an ROI if you do not intend to apply for nomination. If you are invited to apply for nomination, or have an application declined, you will become ineligible to submit a new ROI for a minimum period of 12 months.

- Submitting an ROI under Stream 1 does not guarantee you will be invited to apply. Because of exceptionally high demand, many people eligible under Stream 1 will not be invited to apply. It's strongly recommended that all people submitting an ROI pursue all other migration pathways available to them and do not wait to be invited to apply.

- NSW will not prioritise your ROI for any reason and you should not contact them seeking special consideration of your ROI.

NSW State Nomination for Skilled Nominated Visa Subclass 190

NSW uses a selection-based invitation process to ensure that NSW nominees are aligned to the skills needs of the state's economy. You cannot directly apply for NSW nomination. NSW nomination for the Skilled Nominated visa (subclass 190) is exceptionally competitive. Invitation rounds occur ongoing throughout the financial year. There are no set dates, and they are not announced beforehand.

Minimum Eligibility for NSW State Nomination for Subclass 190 Visa

To be considered during a NSW invitation round, you must: be eligible for the Skilled Nominated visa (subclass 190); and have submitted an EOI in SkillSelect; and have a valid skills assessment in an occupation that is within an ANZSCO unit group identified on NSW skilled occupation list.

Onshore Candidates

If you are residing onshore, you must: be currently residing in NSW and either have genuinely and continuously resided in NSW for the past three months, or be gainfully employed in a long-term capacity in NSW in your nominated (or closely related) occupation for a minimum 20 hours per week.

Offshore Candidates

If you are residing offshore, you must have continuously resided offshore for the past three months, and have a valid skills assessment for an occupation within an ANZSCO unit group that accepts offshore candidates — these unit groups are identified with a tick under the 'Offshore' column on NSW skilled occupation list.

Work Experience Requirement

You must have a minimum three years work experience in your nominated (or closely related) occupation for all occupations within ANZSCO unit groups identified with a tick under the 'Experience' column on NSW skilled occupation lists. Your three years work experience must be deemed skilled employment.

This applies to all SkillSelect EOIs regardless of when they were submitted or amended.

New South Wales (NSW) State Nomination for Business Migration Visas

New South Wales welcomes business and investor migrants, who want to set up a business or invest in NSW, to apply for nomination to live and work in NSW.

NSW State Nomination for Business Innovation and Investment (Provisional) Visa Subclass 188

New South Wales nomination for this visa allows you to own and manage a business in NSW, conduct business and investment activity in NSW or undertake an entrepreneurial activity in NSW.

Subclass 188 - Business Innovation Stream

This provisional visa is for people with business skills. It lets you operate a new or existing business in NSW.

NSW Subclass 188 - Business Innovation Stream Nomination Eligibility criteria

Visa Criteria: You must meet the Home Affairs requirements for the Business Innovation and Investment (Provisional) visa (subclass 188A) – Business Innovation Stream.

Personal Background: You must be under 50 years of age and have: a bachelor's degree recognised as equivalent to the Australian standard, or In the past 10 years have at least: 3 years of business experience in a NSW target sector, or 5 years of business experience in a non-target sector.

Personal and Business Assets: You must have combined net personal and business assets of: A$1,750,000 – Sydney; or A$1,250,000 – Regional NSW.

Business Turnover: You must have a qualifying ownership stake in up to two businesses that have a combined annual turnover of the below amount in two of the four most recent fiscal years: A$1,250,000 – Sydney; or A$750,000 – Regional NSW.

Points Test: Your SkillSelect EOI must show a minimum score of 65 points. Applications showing the following will be prioritised: 15 points for business experience, or Points for business innovation qualifications.

NSW Target Sectors for Subclass 188 - Business Innovation Stream

Sydney Target Sectors Include: Advanced manufacturing, Food and beverage manufacturing, Agricultural technology, Aerospace and defence, Renewable energy and sustainability, Emerging digital technology, Cyber security and Medtech.

Regional NSW Target Sectors: In addition to sectors available for 'Sydney' the sectors available are, Technology-enabled primary industries, Critical minerals, Recycling and waste management.

NSW Subclass 188 - Business Innovation Stream Business Requirements

Your Business Plan: You must provide a business proposal that clearly describes how your business will contribute to the NSW economy and create new jobs.

Creating New Jobs in NSW: You must create a minimum of two new full time equivalent jobs. If you are purchasing an existing business, you must show growth in the business since taking over through either an: increase in annual turnover of at least 10%, or increase in business assets of at least 25%.

Exemption: You may be exempt from the job creation and business growth requirement if your eligible business: has implemented innovative practices that did not previously exist in the marketplace, or is located in Regional NSW and trades primarily in a Regional NSW target sector.

Business Investment: NSW will refuse your nomination application for a permanent visa (subclass 888) if during your provisional visa you have not a made a business investment of: A$500,000 – Sydney; A$300,000 – Regional NSW.

Subclass 188 - Investor Stream

This provisional visa requires you to invest at least $2.5 million in designated investments and maintain business or investment activity in NSW.

Subclass 188 - Investor Stream Eligibility Criteria

Visa Criteria: Meet the Home Affairs requirements for the  Business Innovation and Investment (Provisional) Visa (Subclass 188) – Investor Stream.

Personal Background: You must be under 50 years of age and have either: a bachelor's degree recognised as equivalent to the Australian standard, or in the past 10 years have at least: 5 years of successful investment history, or 3 years work experience in a NSW target sector, or 5 years work experience in a non-target sector.

Investment Background: For at least one of the five most recent fiscal years, you have directly managed one of the following: a qualifying business in which you, your partner, or you and your partner together had at least 10% ownership interest, or an eligible investment of at least A$2,500,000 owned by you, your partner, or you and your partner together.

Net Assets: For the two most recent fiscal years, you, your partner, or you and your partner together have combined personal and business net assets of at least A$2,500,000.

Complying Investments: You must make a complying significant investment of at least A$2,500,000 and have a genuine intention to hold that investment for the life of your provisional visa. It must be invested in the following proportions: at least A$500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies, at least A$750,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange, a ‘balancing investment’ of at least A$1,250,000 in managed funds.

Investing in NSW: To qualify for NSW nomination, you must show that your complying investments will make a contribution to the NSW economy. NSW will refuse your nomination application for a permanent visa (Subclass 888) if you cannot show your complying investments meet the following criteria:

Venture Capital and Growth Private Equity Investment: At least 50% of your venture capital component must be invested in: a venture capital fund that makes eligible investments in businesses headquartered in NSW; and the general partner of the venture capital fund maintains an office in NSW.

Emerging Companies: At least 50% of the emerging companies component must be invested in securities issued by a company or trustee headquartered in NSW, that are either: quoted on ASX Limited; or securities (Australian non-ASX quoted securities) quoted on an Australian securities exchange other than ASX limited.

Balancing Investment: At least 50% of your balancing investments must bring benefits to NSW. This can be shown where: the funds have an office in NSW; or the business of underlying investment is headquartered in NSW; or the business activities of underlying investment are of economic benefit to NSW.

NSW defines 'headquartered in NSW' as: having an ABN registration address in NSW; and a sufficiently significant proportion of the company’s overall activities are in NSW as to merit it being described as a NSW company; and the company’s activities are substantial in NSW and are not merely peripheral activity of the company.

Living in NSW: You must have a genuine commitment to reside in NSW and contribute to NSW through your investment activity.

Points Test: Your SkillSelect EOI must show a minimum score of 65 points. Applications showing the following will be prioritised: Points in investor experience, or 35 points in financial assets, or Points for business innovation qualifications.

NSW Target Sectors for NSW Subclass 188 Investor Stream

NSW Target Sectors for Sydney: Advanced manufacturing, Food and beverage manufacturing, Agricultural technology, Aerospace and defence, Renewable energy and sustainability, Emerging digital technology, Cyber security, Medtech.

NSW Regional Target Sectors: In addition to sectors available for 'Sydney' the sectors available are, Technology-enabled primary industries, Critical minerals, Recycling and waste management.

Subclass 188 - Significant Investor Stream

This provisional visa is for people who invest at least $5 million in designated investments and maintain investment activity in NSW.

Subclass 188 - Significant Investor Stream Eligibility Criteria

Visa Criteria: You must meet the Home Affairs requirements for the Business Innovation and Investment (Provisional) visa (subclass 188) – Significant Investor Stream.

Age: There is no age limit for this visa stream and you are not required to meet the Home Affairs points test.

Complying Investments: You must make a complying significant investment of at least A$5,000,000 and have a genuine intention to hold that investment for the life of your provisional visa. It must be invested in the following proportions: at least A$1,000,000 in venture capital and growth private equity funds which invest in start-ups and small private companies; at least A$1,500,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange; a ‘balancing investment’ of at least A$2,500,000 in managed funds.

Investing in NSW: To qualify for NSW nomination, you must show that your complying investments will make a contribution to the NSW economy.

Venture Capital and Growth Private Equity Investment: At least 50% of your venture capital component must be invested in: a venture capital fund that makes eligible investments in businesses headquartered in NSW; and the general partner of the venture capital fund maintains an office in NSW.

Emerging Companies: At least 50% of the emerging companies component must be invested in securities issued by a company or trustee headquartered in NSW, that are either: quoted on ASX Limited; or securities (Australian non-ASX quoted securities) quoted on an Australian securities exchange other than ASX limited.

Balancing Investment: At least 50% of your balancing investments must bring benefits to NSW. This can be shown where: the funds have an office in NSW; or the business of underlying investment is headquartered in NSW; or the business activities of underlying investment are of economic benefit to NSW.

NSW Defines 'Headquartered in NSW' as: having an ABN registration address in NSW; and a sufficiently significant proportion of the company’s overall activities are in NSW as to merit it being described as a NSW company; and the company’s activities are substantial in NSW and are not merely peripheral activity of the company.

Living in NSW: You must have a genuine commitment to reside in NSW and contribute to NSW through your investment activity.

Subclass 188 - Entrepreneur Stream

For startup and early stage entrepreneurs to develop their concepts in NSW.

Subclass 188 - Entrepreneur Stream Eligibility Criteria

Visa Criteria: You must meet the Home Affairs requirements for the Business Innovation and Investment (Provisional) visa (subclass 188) – Entrepreneur Stream.

Age: Applicants must be under 55 years of age.

Entrepreneur Program: You must be accepted by a NSW Startup Accelerator Program or Startup Incubator Program.  

Accelerators and Incubators Include (but are not limited to): Stone and Chalk, The Studio, 25fifteen, Cicada Innovations, BlueChilli, Fishburners, Future Transport Digital Accelerator, Microsoft ScaleUp Program, Caltex C-lab, Tank Stream Labs, The Founder Institute.

Funding From a Third Party: You must show you have adequate funding secured to complete your project from an approved entity. Approved entities include a: Commonwealth Government agency, NSW government agency, Publicly funded research or innovation organisation, Higher education provider specified as a Table A or Table B provider under Part 2-1 of the Higher Education Support Act 2003, or Investor registered as an Australian Venture Capital Limited Partnership or Early Stage Venture Capital Limited Partnership.

Business Proposal: Your business proposal must clearly demonstrate how your innovative ideas will benefit NSW, and how you intend to commercialise your product or service, and develop your enterprise or business.

You must also clearly show that you have: completed a proof of concept (e.g. customer interviews, surveys, or focus groups), a potential business customer (B2B) or business channel to market (B2C), a scalable solution that can be deployed to multiple customers and the IP or the rights to commercialise.

Living and Working in NSW: Applicants must have a genuine and realistic commitment to permanently live and work in NSW, and continue to contribute to NSW through entrepreneurial activity. Your proposed business must: be headquartered in NSW, and have a NSW registered ABN.

NSW State Nomination for Business Innovation and Investment Visa Subclass 888

Subclass 888 permanent visa allows you to continue to live in Australia and undertake business and investment activities if you are currently on a Subclass 188 provisional visa.

Subclass 888 - Business Innovation Stream Eligibility Criteria

For applicants whose provisional visa was nominated by NSW after 01 July 2021.

Visa Criteria: You must meet the Home Affairs requirements for the Business Innovation and Investment (Permanent) Visa (Subclass 888A) – Business Innovation Stream.

Personal and Business Assets: For the 12 months immediately before you apply for NSW nomination, you or your partner (or you and your partner together) must show at least: Net personal and business assets of at least: A$1,500,000 in Sydney or A$600,000 in Regional NSW; and Net business assets of at least: A$600,000 in Sydney or A$200,000 in Regional NSW.

Business Investment: While holding your provisional visa, you must have made an investment into your business of at least: A$500,000 in Sydney or A$300,000 in Regional NSW.

Creating New Jobs in NSW: You must have created a minimum of two new full time equivalent jobs while holding your provisional visa. Employees must work in your main business (or main businesses) and: be Australian citizens, Australian permanent residents, or holders of valid New Zealand passports; and not be members of your family.

If you Purchased an Existing Business: You must show growth in the business since taking over through either an: increase in annual turnover of at least 10%; or increase in business assets of at least 25%.

Exemption: You may be exempt from the job creation and business growth requirement if your eligible business: has implemented innovative practices that did not previously exist in the marketplace, or is located in Regional NSW and trades primarily in a Regional NSW target sector.

Previously Nominated by Another State or Territory: If you were nominated by another Australian state or territory for your subclass 188 visa, you must obtain a letter of release from your nominating state or territory on the Department of Home Affairs Form 1414.

Subclass 888 - Investor Stream Eligibility Criteria

For applicants whose provisional visa was nominated by NSW after 01 July 2021.

Visa Criteria: You must meet the Home Affairs requirements for the Business Innovation and Investment (Permanent) visa (subclass 888B) – Investor stream.

Complying Investments: You must have made a complying significant investment of at least A$2,500,000 and have held that investment for the life of your provisional visa. It must have been invested in the following proportions: at least A$500,000 in venture capital and growth private equity funds which invest in start-ups and small private companies; and at least A$750,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange; and a ‘balancing investment’ of at least A$1,250,000 in managed funds.

Investing in NSW: To qualify for NSW nomination, you must show that your complying investments made a contribution to the NSW economy.

Venture Capital and Growth Private Equity Investment: At least 50% of your venture capital component was invested in: a venture capital fund that makes eligible investments in businesses headquartered in NSW; and the general partner of the venture capital fund maintains an office in NSW.

Emerging Companies: At least 50% of the emerging companies component was invested in securities issued by a company or trustee headquartered in NSW, that are either: quoted on ASX Limited; or securities (Australian non-ASX quoted securities) quoted on an Australian securities exchange other than ASX limited.

Balancing Investment: At least 50% of your balancing investments must bring benefits to NSW. This can be shown where: the funds have an office in NSW; or the business of underlying investment is headquartered in NSW; or the business activities of underlying investment are of economic benefit to NSW.

NSW Defines 'Headquartered in NSW' As: having an ABN registration address in NSW; and a sufficiently significant proportion of the company’s overall activities are in NSW as to merit it being described as a NSW company; and the company’s activities are substantial in NSW and are not merely peripheral activity of the company.

Living in NSW: You must have a resided in NSW for the majority of your time in Australia.

Previously Nominated by Another State or Territory: If you were nominated by another Australian state or territory for your subclass 188 visa, you must obtain a letter of release from your nominating state or territory on the Department of Home Affairs Form 1414.

Subclass 888 - Significant Investor Eligibility Criteria

For applicants whose provisional visa was nominated by NSW after 01 July 2021.

Visa Criteria: You must meet the Department of Home Affairs requirements for the Business Innovation and Investment (Permanent) visa (subclass 888C) – Significant Investor Stream.

Complying Investments: You must have made a complying significant investment of at least A$5,000,000 and have held that investment for the life of your provisional visa. It must have been invested in the following proportions: at least A$1,000,000 in venture capital and growth private equity funds which invest in start-ups and small private companies; and at least A$1,500,000 in approved managed funds. The managed funds must invest in emerging companies listed on the Australian Stock Exchange; and a ‘balancing investment’ of at least A$2,500,000 in managed funds.

Investing in NSW: To qualify for NSW nomination, you must show that your complying investments made a contribution to the NSW economy.

Venture Capital and Growth Private Equity Investment: At least 50% of your venture capital component was invested in: a venture capital fund that makes eligible investments in businesses headquartered in NSW; and the general partner of the venture capital fund maintains an office in NSW.

Emerging Companies: At least 50% of the emerging companies component was invested in securities issued by a company or trustee headquartered in NSW, that are either: quoted on ASX Limited; or securities (Australian non-ASX quoted securities) quoted on an Australian securities exchange other than ASX limited.

Balancing Investment: At least 50% of your balancing investments must bring benefits to NSW. This can be shown where: the funds have an office in NSW; or the business of underlying investment is headquartered in NSW; or the business activities of underlying investment are of economic benefit to NSW.

NSW Defines 'Headquartered in NSW' As: having an ABN registration address in NSW; and a sufficiently significant proportion of the company’s overall activities are in NSW as to merit it being described as a NSW company; and the company’s activities are substantial in NSW and are not merely peripheral activity of the company.

Living in NSW: You must have resided in NSW for the majority of your time in Australia.

Previously Nominated by Another State or Territory: If you were nominated by another Australian state or territory for your subclass 188 visa, you must obtain a letter of release from your nominating state or territory on the Department of Home Affairs Form 1414.

Subclass 888 - Entrepreneur Stream Eligibility Criteria

For applicants whose provisional visa was nominated by NSW after 01 July 2021.

Visa Criteria: You must meet the Department of Home Affairs requirements for the Business Innovation and Investment (Permanent) Visa (Subclass 888) – Entrepreneur Stream.

Living and Working in NSW: You must show evidence that: you lived and worked in NSW throughout your provisional visa; and your entrepreneurial activities were undertaken in NSW; and your business is headquartered in NSW; and you have a NSW registered ABN for your business.

Success Factors: A minimum of one of your Department of Home Affairs success factors must have occurred in NSW.

Previously Nominated by Another State or Territory: If you were nominated by another Australian state or territory for your subclass 188 visa, you must obtain a letter of release from your nominating state or territory on the Department of Home Affairs Form 1414.

Disclaimer: Information on this website does not constitute personal migration advice. For a customized migration advice based on your personal circumstances, please call and talk to one of our Immigration Consultants or register your interest with our Associates.