State nomination policy guidelines

Content on this page is to be read in conjunction with the Department of Home Affairs information on State and Territory nominated visa requirements. The Department of Home Affairs is responsible for the assessment of all visa applications.

State nomination for visa subclass 188 policies:

The State nomination requirements for the subclass 188 and subclass 888 visas will generally be the same as the requirements of the Department of Home Affairs (DHA).

State nomination visa subclass 188 – Business Innovation stream

Applicants must meet the DHA criteria for this visa.

Applicants and any family members (dependents) residing in Australia are required to live and study in Western Australia.

State nomination visa subclass 188 – Investor stream

Applicants must meet the DHA criteria for this visa.

Applicants must:

  • propose net assets of at least $2.5 million invested in complying investments as specified by the DHA
  • agree to re-invest the $2.5 million complying investments into any Western Australian assets, upon maturity of the complying investment
  • applicants and any family members (dependents) residing in Australia are required to live and study in Western Australia.

State nomination visa subclass 188 – Significant Investor stream

Applicants must meet the DHA criteria for this visa.

Applicants must:

  • propose net assets of at least $5 million invested in complying investments as specified by the DHA
  • agree to re-invest the $5 million complying investments into any Western Australian assets, upon maturity of the complying investment
  • applicants and any family members (dependents) residing in Australia are required to live and study in Western Australia.

State nomination visa subclass 188 – Entrepreneur stream

The BMC is currently not accepting applications for the visa subclass 188 Entrepreneur stream until criteria requirements, including for the visa subclass 888 Entrepreneur stream, are finalised by the Department of Home Affairs.

State nomination for visa subclass 888 policies:

Applicants must meet the DHA criteria for these visas.

State nomination agreement policy:

Unless the Government of Western Australia has negotiation a change to your business proposal, you must have met the conditions of the State nomination agreement of your provisional business visa, including:

  • total net assets in Western Australia
  • total net assets in business in Western Australia
  • type of business activity
  • location of business activity
  • new employment creation

Applicants who have not met the conditions of their original (or approved amended) State nomination agreement will be considered on case by case basis. Applicants will need to attend an interview at the BMC and provide:

  • A signed statement outlining the reasons why the requirements have not been met and a schedule of when they will be met including the source of funds showing how they will be met; and
  • An up to date signed statement of assets and liabilities showing evidence and the location of each asset and liability listed.

Investor visas reinvestment policy:

Applicants seeking State nomination for the permanent residency stage of the Investor visa subclass 888 and the Significant Investor visa subclass 888 must agree to reinvest the funds maturing from their complying investments into any Western Australian asset. 

Non-restrictive business activity policy:

Western Australia has a non-restrictive business activity policy for business migrants relocating to this state. Business migrants can undertake the business activity of their choice, providing it meets the qualifying business definition of the DHA.

Business proposals submitted for State nomination will be assessed competitively based on the:

  • viability of the proposed business
  • realistic business activity
  • contribution to the Western Australian economy including the generation of new jobs and the retention of existing jobs.

Property development qualifying business policy:

State nomination visa subclass 188 - Business Innovation stream

Applicants must propose a project with at least three dwellings which will generate the minimum required turnover amount in sales within the term of the visa as required by the DHA. An applicant’s residence can be part of the business project but must be in addition to the minimum three dwellings and the required net business assets.

Under a visa subclass 188, an applicant cannot undertake a property development business activity in partnership with any other party.

Age waiver and/or additional 10 points policy:

State nomination all visa subclasses – age waiver

Applicants are assessed on a competitive basis for an age waiver and need to submit a proposal that exceeds the standard State nomination requirements of the visa subclass they are applying for by at least 50 per cent.

State nomination all visa subclasses – additional 10 points

Applicants are assessed on a competitive basis for the additional 10 points and need to submit a proposal that exceeds the standard State nomination requirements of the visa subclass they are applying for by at least 100 per cent.

In the case where the applicant is seeking both an age waiver and the additional 10 points, they must submit a proposal that exceeds the standard State nomination requirements of the visa subclass they are applying for by at least 150 per cent.

The BMC policy for age waivers and additional 10 points can be changed to reflect the situation where more qualifying applications for State nomination are being received than available places. In this case, no age waivers and/or 10 points will be granted, unless there are exceptional circumstances which will be assessed on a case by case basis.

Recycling of businesses policy:

The BMC does not support the recycling of businesses for any visa subclass, as Western Australia seeks to attract new investment and new economic benefit for the State from business migrants.

Applicants will not be selected for State nomination if the business has previously been used by another business migrant to obtain permanent residency in Australia.

International trading business activity policy:

A business that sources products or services internationally and sells to overseas clients with the payments and income going through a business in Western Australia will not be selected for State nomination. For the business to be considered for State nomination, the majority of the products or services need to be sourced from Western Australia and exported internationally.

State nomination application to more than one State or Territory Government policy:

Generally applicants will not be selected for State nomination if they have made an application to another State or Territory of Australia, unless there are exceptional circumstances.

Second State nomination policy:

In some periods more applications are received than there are allocated State nomination places from the DHA, and therefore not all qualifying applicants who lodge an application can be selected for State nomination.

Applicants who have previously been granted a State nomination will generally not be selected for a second nomination unless there are exceptional circumstances.

Change of business proposal policy:

Approval must be sought from the BMC in writing to change the business proposal of an approved State nomination application. An amendment or change in a business proposal will need a new State nomination agreement, which may require an increase in business investment and/or employment depending on the business activity.

Connection to Western Australia policy:

Preference will be given to applicants who have visited Western Australia, and/or have family, friends or business associates in Western Australia.

Business research policy:

It is expected that applicants for State nomination for a visa subclass 188 —Business Innovation stream will have conducted research on their business proposal and are able to explain how they have decided on the viability of their proposed business activity, investment amount and the number of new and/or retained employees.

They must demonstrate that they have the experience to undertake the business activity and are aware of the current economic climate in the state, major competitors, and propose a realistic business proposal suited to the existing business environment.

Members of applicant’s family living or studying in another State or Territory of Australia policy:

Applicants and any family members (dependents) residing in Australia are required to live and study in Western Australia.

Generally applicants for Western Australia who have family members or relatives living or studying in another State or Territory of Australia, or investments in another State or Territory, will not be selected for State nomination

Applicants may request a review of their application, which will be considered on a case by case basis, depending on the information provided regarding why the family is living in different jurisdictions in Australia.

WA State nominated applicant wanting to relocate to another State or Territory policy:

Applicants nominated by the Western Australian government seeking to relocate to another State or Territory, will need to submit a formal application stating the reasons for wanting to relocate.

Each application will be assessed on a case by case basis but generally:

  • applicants will need to attend an interview at the Business Migration Centre in Perth, and
  • approval will only be given in exceptional circumstances.

Visa subclass 132 form 1010 review policy:

Endorsement of a form 1010 for an applicant who has not met all State nomination requirements will be considered on case-by-case basis. Applicants will need to attend an interview at the BMC and provide:

  • a signed statement outlining the reasons why the requirements have not been met and
  • a schedule of when they will be met, including the source of funds showing how they will be met
  • an up-to-date signed statement of assets and liabilities showing evidence and the location of each asset and liability listed.

Applicants must also meet the DHA criteria for this visa.

Administrative review tribunal policy:

Administrative Appeals Tribunal (AAT) - Migration and Refugee Division.

The BMC may provide support for appeals to the AAT.

Applications for support will be assessed on a case-by-case basis. Support may be provided for cases where there is a cause for merits review.

Applicants must attach the DHA decision record and provide a submission demonstrating how they will address the DHA decision.

A non-refundable fee of $750 applies to applications for AAT support.

State nomination application processing policy:

General processing time for State nomination applications is four weeks and any request for priority processing will be considered on a case-by-case basis. Applicants and/or their agent can request priority processing on the basis that a four week processing time frame will impact negatively in lodging the application with DHA.

Application fee on-line payment - refund policy:

The fee is not refundable if an application is refused or withdrawn.