Strategic priorities of New South Wales

Strategic priorities of New South Wales

The program’s strategic priorities

The NSW Government’s priorities for the business and investor visa program are

attract businesses, investors, entrepreneurs, skilled migrants, and students to contribute to NSW’s innovation, productivity, economic competitiveness, and overall economic growth
facilitate NSW employers’ access to a skilled workforce and global talent through the migration program, respond to skills needs through the migration program, lead advocacy on business and skilled migration issues to support the NSW economy
Streamline NSW Government visa nomination services to meet NSW policy objectives while providing a positive customer experience.

As Australia seeks to increase migration as part of its economic recovery from the COVID-19 pandemic, here is a summary of some of the major immigration changes announced.

NSW nomination processing times

  • For Significant Investor visa applications (subclass 188C): 1 week.
  • All other business and investor visas: 4 weeks.

Length of NSW nomination for different subclasses

  • 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.

Visa 888A Investment requirements  Assets requirements
Before applying for NSW nomination, you must have owned your nominated assets for at least 12 months. You must demonstrate that you kept the investment up until the time of application.

When you apply for NSW nomination, we will look at the most recent financial statements, such as the balance sheet, to determine this.

Investments in property, plant, and equipment, and/or inventory that is not reflected in the company’s financial statements and is not used in the company’s ongoing operations do not count towards the business investment requirement.

Visa 888A investment requirements Assets requirements
Before applying for NSW nomination, you must have owned your nominated assets for at least 12 months. You must demonstrate that you kept the investment up until the time of application.

When you apply for NSW nomination, we will look at the most recent financial statements, such as the balance sheet, to determine this.

Investments in property, plant, and equipment, and/or inventory that are not reflected in the company’s financial statements and are not used in the company’s ongoing operations do not count towards the business investment requirement.

Example

You paid $100,000 for plant and equipment three years ago, and the value of that equipment has dropped to $75,000 today.

Assessment: $100,000 will be deducted from the required business investment.

Example
You paid A$250,000 for a property three years ago, and the value has since increased to A$300,000 today.

Assessment: $250,000 will be deducted from the required business investment.

Demonstrating the amount of inventory invested
The term “sustainability” refers to the state of the environment as a whole, rather than the specifics of a particular project.
Attributing existing business costs to investment requirements
If you buy an existing business, the existing plant and equipment outlined in the contract of sale will not be counted towards the business investment requirement.

Only new investments in plant and equipment made after purchasing the business will count towards this requirement.

This can be determined by examining the depreciation schedules for the relevant assets, which show the cost price/purchase amount of the assets as well as the date the assets were purchased.

Example
I bought a pre-existing business. In the contract of sale, $100,000 is stated as the cost of the business’s plant and equipment.

I am currently seeking an NSW nomination for the permanent 888A visa. According to my most recent financial documents, the company has $250,000 in plant and equipment.

Only the amount invested in plant and equipment after purchasing the business will be counted towards the business investment requirement.

A slew of other problems.
If you buy an existing business, the amount specified for goodwill in the contract of sale will be counted towards the business investment precondition.

If the amount of goodwill in the balance sheet is greater than the amount of goodwill in the contract of sale for the business when you apply for NSW nomination, only the amount in the contract of sale will count towards the business investment requirement.

Example
After receiving my 188A visa, I purchased an existing business several years ago. The amount for goodwill in the business sale contract was $300,000. I am now prepared to seek NSW nomination for the 888A visa. The goodwill amount on my most recent balance sheet is $400,000

The $300,000 for goodwill in the contract of sale to purchase the business will be counted towards the business investment requirement.

Investing in real estate that will be sold
If your business activities include dealing in the land (for example, acquiring land to build a residential or commercial property and then selling the finished product), the value of that land is not considered when calculating the business investment requirement.

Similarly, the costs of developing the property for sale, as well as the inventory of “unsold properties,’ will not be counted towards the business investment requirement.

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

Property, plant and equipment, inventory, and/or purchased goodwill investments

Skilled Nominated visa (subclass 190)

The Federal Government retains ultimate responsibility for Australia’s migration program, which includes allocating available places across program streams and making visa application decisions.

The Federal Government allocates a limited number of positions to the NSW Government for its state and territory-nominated skilled, business innovation, and investor visa subclasses.

The Department of Home Affairs has removed previously published points scores and work experience guides for the Skilled Nominated Visa (subclass 190) due to the increased availability of the Skilled Independent visa (subclass 189).

Nomination for NSW
NSW uses a selection-based invitation process to ensure that NSW nominees are aligned with the state’s economic skills needs.
Nominations for this visa are extremely competitive. We strongly advise you to consider all other migration options.

Basic eligibility
To be considered for an NSW nomination, you must at the very least meet the following basic requirements:
Be skilled in an occupation that: keeps falling within an ANZSCO unit group identified on the NSW skills list for this visa; AND is visa eligible.
be currently residing in NSW or offshore for a minimum of six months.
I have submitted an EOI SkillSelect requesting nomination for the Skilled Nominated Visa (subclass 190) only in NSW.
Steps to take
Verify your eligibility for this visa.
Ascertain that you meet the basic eligibility criteria for NSW outlined above.
Fill out an EOI in SkillSelectLaunch, making sure that all the information is correct.
You are cordially invited to Because of the overwhelming demand for NSW nominations, the vast majority of migrants seeking nominations will not be invited.
If you are invited, apply for NSW nomination within 14 days and provide evidence for all location claims in your Skill Select EOI as well as your current address.
The most common reasons why applications are rejected after being invited to apply
Common reasons for application rejection include an applicant’s:

for NSW nomination.

We were unable to provide evidence for all claims in the EOI.
It is the EOI owner’s responsibility to ensure that they can provide evidence for all of the claims in their SkillSelect EOI. This includes the following:

Claiming points for skilled employment before the date your occupation is deemed skilled (see below)
When your qualification has expired, you can claim credentialed community language points. The following are the results of a survey conducted by the University of California.

Over-reported skilled employment
Only the following types of employment are eligible for NSW nomination:

after your skills assessor has deemed you skilled (if applicable), or after you have completed your qualifying study
You are not eligible to apply for NSW nomination if you claim employment in your SkillSelect EOI before the date you are deemed skilled in your occupation. There are no exceptions under any circumstances.

Doesn’t fulfill the residency requirement
To be eligible, you must currently reside in NSW or offshore and have done so for at least six months.

Skilled Work Regional visa (subclass 491)

For NSW nomination.

We were unable to provide evidence for all claims in the EOI.
It is the EOI owner’s responsibility to ensure that they can provide evidence for all of the claims in their SkillSelect EOI. This includes the following:Claiming points for skilled employment before the date your occupation is deemed skilled
When your qualification has expired, you can claim credentialed community language points. The following are the results of a survey conducted by the University of California.

Criteria for nomination
You must meet all eligibility requirements outlined by Home Affairslaunch for this visa to be eligible for NSW nomination. This includes having experience in an eligible occupation.Furthermore, you must meet all eligibility requirements for the nomination pathway and/or stream for which you are seeking the nomination. These are outlined somewhere below.

You cannot be nominated by NSW for this visa if you have previously been nominated by NSW for any visa.

Pathway 1: Apply to a Regional Development Australia (RDA) office directly.
The following are the nomination criteria for each nomination stream:Stream A – Proven work history with a regional NSW employer
To apply under this stream, you must have been living and working in a designated regional area of NSW for the past 12 months.
Your qualifying skilled employment in the twelve months preceding your application must have been:
In your chosen (or closely related) occupation; and
with the same regional New South Wales-based employer; and
NSW considers you skilled; and

  • Paid a minimum of the TSMIT salary level of $53,900 (prorated if under 38 hours per week) from your qualifying employer in your nominated (or closely related) occupation
  • Your chosen occupation must be eligible for the Regional Skilled Work visa (subclass 491).
  • For more information on eligibility under this stream, visit our Common Questions about Skilled Visas page.
Stream B – My skills are required in regional NSW
To be eligible for this stream, you must meet the following requirements:
Be skilled in an occupation that is:

  • within an ANZSCO unit group on the Stream B skills list, and
  • is qualified for the visa
  • Be currently residing in NSW or offshore and have done so for a minimum of three months.

Pathway 2 – Receive an invitation to apply from Investment NSW

To be considered for an NSW nomination through Pathway 2, you must first:
Be skilled in an occupation that is:

  • within an ANZSCO unit group on the Pathway 2 skills list, and
  • is qualified for the visa
  • Be currently residing in NSW or offshore and have done so for a minimum of three years a period of three months
  • Have submitted an Expression of Interest in SkillSelect for nomination for the Skilled Work Regional visa (subclass 491) only in NSW.Due to the increased availability of the Skilled Independent visa (subclass 189) by Home Affairs, previously published points scores and work experience guides for the Skilled Work Regional visa (subclass 491) have been removed.

Invitation rounds for Pathway 2
Invitation rounds continue throughout the fiscal year. There are no set dates, and rounds are not announced beforehand.
We cannot advise the date of upcoming NSW invitation rounds or the likelihood your SkillSelect EOI will be invited by contacting our office.
Meeting the minimum nomination criteria outlined above does not guarantee an invitation to apply for NSW nomination.
Because being invited to apply is competitive, we strongly advise anyone seeking NSW nomination to look into all other migration options rather than waiting to be invited by NSW.
If you are invited to apply for nomination, you must provide evidence for all claims in your SkillSelect EOI on the day you are invited. If you have any claimed points/employment in your SkillSelect EOI that you cannot provide evidence for, you cannot accept your invitation.

New South Wales Purpose 
Through excellence in public service excellence, we can help shape a thriving, resilient, and sustainable New South Wales.
New South Wales Outcome  

Outcome 1: An economy that is strong, resilient, and diverse.

Outcome 2: A stable fiscal environment that allows for the delivery of results.

Outcome 3: Performance and financial system stewardship in the public sector

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