Legacy nomination criteria

Visa eligibility 

To see if you’re eligible for this visa, read the Home Affairs' criteria.

Business activity 

You must be involved in a business(es) that has been actively operating throughout the last two years.

This would usually be shown in each quarter by at least one of the following:  

• substantial sales revenue  

• leasing or owning of a business premises  

• employment of staff  

• significant capital investment (not including purchase of a motor vehicle) 

• substantial purchase of stock.

Net assets and job creation

You must meet at least two of the following three requirements:

1. Your business(es) employed at least the equivalent of two full-time employees (who are not family members) throughout the last 12 months;
2. The net value of your (or your and your spouse's combined) personal and business assets in Australia has been:
   • A$900,000 if your business is in Sydney, or
   • A$600,000 if your business is in Regional NSW
3. The net value of your (or your and tour spouse's combined) assets in your business(es) in NSW is at least:
   • A$300,000 if your business is in Sydney, or
   • A$200,000 if your business is in Regional NSW

Visit the Home Affairs’ designated regional area postcodes for a list of Regional NSW postcodes. You must live and work within NSW borders.  

Management of business 

You must be actively involved in managing the business(es). As a guide, most small businesses require only one manager who usually controls more than 51% of the shareholding. 

Business investment 

If your business is 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 & equipment, inventory, or purchased goodwill. This definition applies to businesses in Sydney and Regional NSW. 

Successful business career 

You must provide a full resume of your business career and responsibilities demonstrating a successful business career. 

Business in Regional NSW 

If you were nominated for your provisional visa based on your intention to migrate to Regional NSW, you must demonstrate that your business activity was undertaken in Regional NSW. 

Visa eligibility 

To see if you’re eligible for this visa, read the Home Affairs' criteria. 

Designated investment 

You must show evidence you maintained your designated investment in NSW Waratah Bonds throughout the provisional visa period. 

Living in NSW 

You must show evidence you have established a residency in NSW during your provisional visa period and that you have a commitment to continue to reside in NSW. 

If you were nominated for your provisional visa based on your intention to migrate to Regional NSW, you must show evidence of your regional NSW residency.  

COVID-19 visa concessions

You may apply for NSW nomination using the Home Affairs' COVID-19 concessions for the subclass 188 visa – Investor stream.

To apply using these concessions, you must ensure you satisfy the Home Affairs' requirements before withdrawing from, or cancelling, your designated investment.

The concession period commences from February 1, 2020. Information about the COVID-19 concessions is available on the Home Affairs website.

If you were nominated by NSW between 1 July 2015—1 July 2021

Visa eligibility

To see if you’re eligible for this visa, read the Home Affairs' criteria. 

Complying investment

You have held a complying investment* continuously for the whole of the period during which you have held your first provisional subclass 188 visa.  

For applicants who hold a Significant Investor Extension stream visa

You have held a complying investment* continuously for the whole of the period during which you have held your subclass 188 visa, including the period(s) during which you have held a subclass 188 visa in the Significant Investor Extension stream. 

If you were nominated by NSW before 1 July 2015

Complying investment

You must meet one of the following criteria:

1. If you were nominated by NSW before 1 September 2014, you have held a complying investment* continuously for the whole of the period during which you have held your subclass 188 visa, including at least A$1.5 million in NSW Waratah Bonds.

2. If you were nominated by another state/territory before 1 September 2014, you have held a complying investment* continuously for the whole of the period during which you held your subclass 188 visa and you meet either (a) or (b) below:

a) You have invested at least A$1.5 million in NSW Waratah Bonds; or

b) You can demonstrate investment activity in NSW of at least A$1.5 million**, and

i) You can demonstrate that you have established a residence in NSW, and

ii) You have a genuine commitment to undertake further beneficial business or investment activity in NSW.

3. If you were nominated after 1 September 2014, you have held a complying investment* continuously for the whole of the period during which you have held your subclass 188 visa.

* As per Department of Home Affairs’ definition of ‘complying investment’

** Excludes residential real estate

Visa eligibility 

To see if you’re eligible for this visa, read the Home Affairs' criteria.

Living in NSW 

You must show evidence you have established a residency in NSW during your provisional visa period and that you have a commitment to continue to reside in NSW. 

Meet the conditions of your provisional visa 

You must demonstrate you have met the nomination conditions you agreed to at the time of accepting your NSW nomination for your provisional visa.  

Visa eligibility 

To see if you’re eligible for this visa, read the Home Affairs' criteria.

Age 

You must be under 55 years of age. 

Significant business history 

You must demonstrate your overall successful business career in one or more fields and show how you will use your entrepreneurial skills to develop and grow a business in NSW. 

Business proposal 

You must provide a business proposal that demonstrates your realistic commitment to establish or participate in an existing business that will be of significant benefit to the NSW economy. 

Potential applicants considering a business in property development should contact us before preparing an application. 

Business management 

You must be integrally involved in the senior level day-to-day running and overall strategic management of your business in NSW. 

Net assets 

Your (or you and your partner’s combined) business and personal assets must be at least: 

• $3 million if you wish to live and operate your business in Sydney, or 

• $2 million if you wish to live and operate your business in Regional NSW 

Your funds must be available to transfer to NSW within 2 years after your visa is granted. 

Business investment and job creation 

If your proposed business will be in Sydney, your business plan must demonstrate:  

• business investment of at least A$1.5 million in the proposed business; and  

• that your business will create at least five new full-time equivalent jobs in NSW.  

If your proposed business will be in Regional NSW, your business plan must demonstrate:  

• business investment of at least A$1 million in the proposed business; and  

• that your business will create at least three new full-time equivalent jobs in NSW.  

Visit the Home Affairs’ designated regional area postcodes for a list of Regional NSW postcodes. You must live and work within NSW borders. 

Employees must be Australian citizens, Australian permanent residents or New Zealand passport holders. Members of your family unit do not count toward this requirement. 

The business investment must be in property, plant & equipment, inventory, intellectual property and / or purchased goodwill. This definition applies to businesses that will be in Sydney and Regional NSW.

We will assess this business investment and job creation requirement at the time of the Home Affairs’ monitoring of your visa.