Major update! NSW investor migration is about to open! Subclass 188A raises requirements and restricts target industries — how should you respond? And what about the eagerly awaited Subclass 188E?


NSW‘s official website has updated the investor migration requirements for the 2021-22 financial year. This article focuses mainly on the category that has drawn the most attention,188A as well as the category that has attracted more interest since the new financial year lowered its requirements188E.


Investor migration quotas

Like state-nominated skilled migration, investor migration also requires first meeting the federal government’s minimum points and other requirements before receiving an invitation from the state government, after which the visa application is lodged. Each state has its own quota, and this financial year’s quotas are unchanged from last financial year — the largest remain NSW and Victoria, with 2,200 and 1,750 places respectively, followed by Queensland with 1,400 and South Australia with 1,000. These states also remain the most popular choices for settlement and investment.


NSW Subclass 188A

Last financial year, in-demand Victoria substantially raised its state nomination requirements for Subclass 188A, and this financial year, equally in-demand NSW has followed suit. For the 2021-22 financial year, NSW investor migration, including Subclass 188A, will open for applications on 21 September 2021.


Personal requirements for applicants:

– Aged under 50;
– A bachelor’s degree or higher,or

– 3 years of business experience within the past 10 years related to the applicant’s target NSW industry,

– 5 years of non-business experience within the past 10 years, not necessarily related to the target NSW industry;

– An EOI score of at least 65 points

*Applicants who gain 15 bonus points through business experience, or bonus points for entrepreneurial/innovation credentials, will be given priority

(Investor migration also has its own separate points table — contact us for a preliminary assessment)


Personal asset requirements:

For investment in the Sydney region, applicants need a total of AUD 1.75 million in combined personal and business net assets;

for investment in other regional areas of NSW, a total of AUD 1.25 million in combined personal and business net assets is required.


Turnover requirements:
– Shareholding requirements align with the Department of Home Affairs
– In at least 2 of the past 4 years, the company (a maximum of 2 companies may be held) must achieve an annual turnover of:
– Sydney region: AUD 1.25 million/year
– Regional NSW: AUD 750,000/year

Target industries/sectors — one of the most important changes
If investing in the Sydney region:

– Advanced manufacturing

– Food and beverage processing

– Agricultural technology

– Aerospace and defence

– Renewable energy and sustainability

– Emerging digital technology

– Cybersecurity

– Medical technology


If investing in regional NSW,
in addition to the Sydney list above, the following are also included:

– Technology-driven primary industries

– Strategic minerals

– Recycling and waste management


Other investment requirements:
– A business plan must be provided, setting out in detail the business’s contribution to NSW
– Creation of local jobs, at least 2 full-time positions
– If taking a stake in an already-established business, applicants must demonstrate:
*a turnover increase of at least 10% after taking the stake, or
*an increase in business assets of at least 25% after taking the stake

Requirements for subsequently transitioning from Subclass 188A to Subclass 888
– For Sydney, applicants must invest at least AUD 500,000 in the business
– For regional NSW, applicants must invest at least AUD 300,000 in the business

Newstars analysis

1. Requirements for applicant age, qualifications and business experience have been substantially raised — as with Victoria, the push is towards younger, more professionally qualified applicants.These changes respond to criticism repeatedly raised by think tanks and experts in recent years about investor migration — namely, that applicants tend to be older and lack sufficient language ability.

2. In addition, restrictions on target industries/sectors raise the bar for transitioning to permanent residency via other business sectors; once a Subclass 188A visa is granted, changing the business plan or target industry requires prior application, and swaps are only permitted within the target industry.

3. Of course, we believe part of the reason for these adjustments is post-pandemic recovery, and the choice of target industries and sectors feels reminiscent of the skilled migration occupation lists. However, starting up and running a business in these industries is fairly demanding, and with NSW currently in an extended lockdown, it’s questionable how many applicants will genuinely be able to meet these requirements. We hope the state government will exercise discretion based on actual circumstances during processing.

Enough said — get ready to secure your place!

That said, these are ultimately just NSW’s requirements — it doesn’t mean there’s no opportunity.

As Victoria and NSW successively raise their requirements, a large number of prospective applicants will inevitably be directed towards other states, and taking policy and quotas into account, Queensland, South Australia and Tasmania are set to receive greater attention — especially Queensland, with its 1,400-place quota.

Queensland has not yet published its requirements for the 2021-22 financial year. If they remain broadly in line with last financial year, the quota could be filled within a few months of opening.Likewise, South Australia, which has a relatively large quota, has already updated its policy and issued new invitations, though the challenge is that interviews and a business assessment are required.Tasmania also offers opportunities, though its quota is comparatively small — only 45 places.

In addition, onshore applicants interested in Subclass 188A can also switch to the small business skilled migration programmes in Canberra, Queensland and South Australia, which offer the advantage of lower investment and business operation requirements, though they do carry certain language and skills assessment requirements.

For Australian investor migration, feel free to contact us for a comprehensive assessment!


Tomorrow night — new NSW investor migration policy!

Starting soon!

— Key parts of the policy changes

— Applicants most affected

— How those already preparing should respond

— Where should interested applicants pivot to?

— What are the other states’ policies?


2 September 2021, 20:00

(Beijing time: 18:00)


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Success stories

Newstars Group’s Australian and China-based teams have extensive experience and a strong track record of success with investor migration applications. Notably, many of these successes came around the time of policy changes, with clients seizing the window of opportunity or catching the last train under the old policy before it changed, to secure approval — cases span NSW, as well as Queensland, South Australia, Tasmania and other states.


NSW Subclass 188A — catching the last train, preparation began in May this year. To help the client catch the last train before the policy changed, the entire investor migration team, led out of Sydney, completed the full process in just one month — assessment, document collection and review, audited property valuation, tailored strategy design, and application drafting and lodgement — finally securing the client’s ticket into the Subclass 188A application before Sydney went into lockdown!


Another point for the importance of efficiency and professionalism, racing to beat the lockdown in metropolitan NSW at the time, we helped the client expedite the Subclass 188A submission, locking in the last-train lodgement before the new financial year’s policy change. The applicant had an international student background, and drawing on hands-on experience gained after arriving in Australia, ultimately won the state government’s approval!


Queensland Subclass 188A invitation, formally receiving the invitation just before the financial year’s quota was exhausted — a case for the importance of early preparation and securing a place in time!


Also, catching the financial year’s last train, Mr G successfully received a Queensland Subclass 188A state nomination invitation, locking in a place unaffected by the policy change.Mr G approached Newstars’ Beijing office for an assessment as soon as Queensland’s state nomination opened. Preparation began soon after signing, and we expedited his submission — together, we successfully secured his place!


Queensland — another category, Subclass 188B invitation, at 65 points!


Mr D, from Beijing, as soon as Queensland reopened investor migration, went straight through Newstars’ Beijing office to lodge the application, becoming one of the first applicants invited under Queensland’s Subclass 188C Significant Investor stream, with the whole process taking just one week’s time.


South Australia Subclass 188A invitation, a relatively tedious and complex process, but with professional guidance, the client received a successful invitation smoothly throughout!


A Tasmania Subclass 188A place secured on the very last day of the financial year, landing just after the federal government’s new financial year policy changes took effect on 1 July!


NSW Subclass 188E


In addition, Subclass 188E — which under the new federal policy no longer requires compliant third-party investment — has suddenly become more difficult in NSW. Firstly, an incubator is required; secondly, the state government requires compliant third-party investment to be obtained.


The applicant’s start-up project must be recognised and accepted by an NSW start-up accelerator programme or start-up incubator, such as the following organisations:

-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


The applicant’s project must obtain compliant third-party investment, for example:
– Federal government agencies
– NSW government agencies
– Publicly funded research or innovation organisations
– Higher education institutions
– Compliant, registered Australian venture capital firms

The business plan must set out how the innovative concept will benefit NSW and how the product or service will be commercialised, and must demonstrate a foundation for delivery, a potential market or customer base, an expansion plan, and so on.


Benchmarked against Canada’s SUV

This also draws on Canada’s existing SUV programme, and offers no advantage in terms of requirements.In practice, the Subclass 188 category is quite unpopular for applications — only 18 were approved in 2018-19, and just 10 in the 2019-20 financial year, with a slight increase in 2020-21, to around 30-40.The federal government may have hoped that lowering requirements would heat up this category, but NSW and Victoria haven’t played along. It’s foreseeable that Subclass 188E, which everyone had been so eager for, may still fail to take off.

Of course, Newstars has already been in contact with start-up incubators, and has relevant experience. If you genuinely have a suitable start-up plan and project, feel free to contact us for an assessment of Canada’s SUV or Australia’s Subclass 188E!


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