State nomination policy guidelines

State nomination policy guidelines

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).

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 activities include:

• export businesses are encouraged and will need to export Western Australian products and or services that generate sales that meet the DHA $300,000 turnover requirement; and
• property development businesses cannot be undertaken in partnership with any other party and have to propose a project of at least three dwellings which will generate the required $300,000 DHA turnover in sales within the term of the visa; and
• businesses in other priority business sectors include:
  • Agriculture and farming
  • Health and child care
  • International education
  • Manufacturing
  • Professional and technical services
  • Renewable energy and new technologies
  • Transport. logistics and warehousing
  • Tourism; and
  • Wholesale trade.

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

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 or additional 10 points policy

State nomination – Applicants can only apply for either the waiver or the points

Applicants are assessed on a competitive basis and need to submit a minimum proposal for:

• Visa subclass 188 Business Innovation Stream - Net assets in WA of at least $1,500,000 of which at least $500,000 is invested in business and the creation of equivalent of one new full time job.
• Visa subclass 188 Investor Stream - Complying investments of $2,500,000 plus additional $1,250,000 in net assets in Western Australia.

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

Applicants who have previously been granted a State nomination or had an incorrect EOI when nominated 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 DHA’s form 1010 is only available for applicants who have met all approved State nomination requirements. Applicants will be required to provide supporting documentation when lodging their form 1010.

For details on supporting documentation requirements, please contact the Business Migration Centre on +61 8 6552 3300 or businessmigration@smallbusiness.wa.gov.au.

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.

Please note

You must submit a complete decision ready application, including all relevant evidence to support your claims or your application may not be selected for nomination when assessed.

If you provide any misleading information in your application, you will not be selected for State nomination and the Department of Home Affairs will be advised so that they can conduct their own investigation.