New South Wales Investor Visa

New South Wales 188 Visa Requirements explained

There are currently four key 188 visas within the BIIP programme. Currently, New South Wales is open to accepting investors. However, it does insist on tighter controls in and around Syndey.

1 ) Business Innovation and Investment

You must also meet the Home Affairs requirements for the Business Investment visa

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
  • 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
  • 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

Business requirements

  •  Your business proposal must highlight how it will contribute to the NSW economy and create new jobs. 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

During the first 4-years in Australia, you will need to make the following investment in your business.

  • $A500,000 – Sydney
  • $A300,000 – Regional NSW

2) A$2.5m Investor stream

While it is a passive investment, you are required to pass the investors points test requirements. You must be under 50 years of age and meet the points test by having either:

  • a bachelor’s degree recognised as equivalent to the Australian standard, or
  • in the past ten years have at least:
    • Five years of successful investment history, or
    • Three years of work experience in a NSW target sector, or 
    • Five years of 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 and your partner 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 contribute 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

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

3) A$5m Significant Investor

There is no age limit for the Significant Investor 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 contribute 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

4) Entrepreneur stream

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 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 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
  • the IP or the rights to commercialise 

Flexibility & Control

Each year, the Australian federal and state governments review the 188 visa programme to ensure it delivers the best possible outcomes for Australia. Where deemed necessary changes are introduced without advanced notice. State governments open and close the investor visa stream within their respective jurisdictions as deem necessary to meet the local economic objectives.

That said, once an investor secures an invitation to emigrate (State Nomination), any future changes to the emigration policy will not affect their case.

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