Business and Investor visa FAQs

General enquiries

Do I need to apply for state nomination for business or investor visas?

Yes, you must first apply for state nomination if you wish to apply to the Commonwealth Department of Home Affairs for subclass 132, 188, 888, 892, 893, or 405 visas.

What are NSW nomination processing times?

  • Significant Investor visa applications (subclass 188C): 24 business hours
  • All other business and investor visas: 5 business days

Do I need to submit all the supporting documents with my application?

Yes, you should submit all required documents required by NSW with your application. All required documents are listed on the NSW application form.

Not providing all required documents with your application may significantly delay your NSW nomination assessment.

Can I submit a paper application?

No, all documents must be submitted electronically to business.migraiton@treasury.nsw.gov.au.

If the size of your supporting documents exceed what is able to be sent in a single email, you may upload your documents to a cloud server, and provide a link for us to download the files directly, or alternatively, you may send the documents over multiple emails.

If my application is refused, or I withdraw my application, is the application fee refundable?

No, the NSW application assessment fee is non-refundable.

How long is NSW nomination valid for?

  • Nomination for subclass 132 or 188 visas is valid for 60 days.
  • Nomination for subclass 888 visas is valid for 90 days.
  • Nomination for subclass 405, 892 or 893 visas is valid for 12 months.

If you miss the deadline to apply for the visa to Home Affairs before your NSW nomination expires, you will be required to re-lodge a new application to NSW, where a new application fee will be charged.

Can I move to NSW if I was nominated for a business or investor visa by another Australian state or territory?

Yes, but only after your nominating state or territory agrees to release and transfer you. For more information, please contact NSW Business and Skilled migration at business.migration@treasury.nsw.gov.au, or phone +61 2 4908 4899.

Does NSW nomination guarantee my visa application will be approved by Home Affairs?

No, NSW nomination does not guarantee a visa grant from the Department of Home Affairs. You must also meet all of the Department of Home Affairs requirements to be approved for the visa.

Business Innovation visa

How do I meet the NSW business investment requirement?

To be nominated by New South Wales (NSW) for a Permanent Business Innovation visa 888A, you must meet the business investment requirement.

  • If your business is located in Sydney, you must have invested at least A$500,000 in your business for at least the last 12 months.
  • If your business is in regional NSW, you must have invested at least A$300,000 in your business for at least the last 12 months.

The business investment must be in property, plant and equipment, inventory, or purchased goodwill.

How do I meet this requirement?

You must have purchased the assets at least 12 months before applying for NSW nomination for the permanent subclass 888A visa. You will need to demonstrate that you have held the investment until the time of application.

To assess this, we will look at the business' most recent financial statements, such as the balance sheet at the time you apply for NSW nomination for the subclass 888A visa.

Investment in property, plant and equipment and/or inventory that is not in the business’ financial statements and not used for the ongoing operations of the business does not count towards the business investment requirement.

What if the value of the fixed asset I have invested in has appreciated or depreciated?

We will assess the cost price/purchase amount of the fixed asset purchased.

Example 1: You purchased plant and equipment three years ago for A$100,000 and the value of this plant and equipment has decreased to A$75,000 at present.

Assessment: A$100,000 will count towards the business investment requirement.

Example 2: You purchased property three years ago for A$250,000 and the value of the property has increased to A$300,000 at present.

Assessment: A$250,000 will count towards the business investment requirement.

How do I demonstrate the amount of my investment in inventory?

The amount of inventory in the balance sheet of the most recent fiscal year at the time of application will count towards the business investment requirement.

If I have bought an existing business, what amounts count towards the business investment requirement?

If you have bought an existing business, the existing plant and equipment as outlined in the contract of sale for the business will not be counted towards the business investment requirement.

Only new investment after you have purchased the business in plant and equipment will count towards this requirement.

Example: I have purchased an existing business. In the contract of sale for the business, A$100,000 is stated as the cost of the plant and equipment of the business.

I am now applying for NSW nomination for the permanent 888A visa. My most recent financial documents state that the business has A$250,000 plant and equipment.

Assessment: Only the amount that you have invested in plant and equipment after purchasing the business will be counted towards the business investment requirement.

This can be assessed from the depreciation schedule for the relevant assets that demonstrate the cost price/purchase amount of the assets and the date the assets were purchased.

How do I demonstrate my investment in goodwill?

If you have purchased an existing business, the amount that has been specified for goodwill in the contract of sale for the business will count towards the business investment requirement.

When you apply for NSW nomination, if the amount for goodwill in the balance sheet is higher than the amount for goodwill that was in the contract of sale for the business, only the goodwill amount in the contract of sale will count towards the business investment requirement.

Example: I purchased an existing business several years ago after being granted my 188A visa. The amount for goodwill in the contract of sale of the business was A$300,000. I am now ready to apply for NSW nomination for the 888A visa. In my most recent balance sheet the goodwill amount is A$400,000.

Assessment: The A$300,000 for goodwill in the contract of sale to purchase the business will count towards the business investment requirement.

If I invest in property that will be sold, will this count towards the business investment requirement?

If your business activities involve dealing in land (that is, you acquire land for the purpose of building a residential or commercial property and selling the developed property), the value of that land is not included in calculating the business investment requirement.

Likewise, the construction costs of developing the property for purposes of sale, as well as inventory of 'unsold properties', will not count towards the business investment requirement.

This is because the property is not considered to be used for the ongoing operations of the business, as the purpose of the business is to develop and sell land and buildings for a profit.

When do investments in property, plant and equipment, inventory and/or purchased goodwill count towards the business investment requirement?

What counts

The assets with an asterisk (*) in the balance sheet template (leasehold, property and land, renovations/improvements, furniture and fitout, vehicles, equipment/tools, computer equipment) will count towards the business investment requirement, provided the assets were not acquired as part of the purchase of a business.

What does not count

  • Other assets, such as cash, do not count towards the business investment requirement.
  • Paid up capital does not count towards the business investment requirement.
  • A shareholder’s loan does not count towards the business investment requirement