How to Apply: Schedule 1 and Key Requirements

Invitation to Apply

For most streams, you cannot simply lodge a visa application at any time. You must first receive a written invitation through the SkillSelect system. The invitation clearly states which stream you are being invited to apply for — it cannot be transferred to a different stream or used for any other class of visa. Once you receive your invitation, you have 60 days to submit your application.

The Business Innovation Extension and Significant Investor Extension streams are the two exceptions — eligible holders of existing EB-188 visas in these categories do not need an invitation and can apply directly.

Where You Need to Be

At the time of application, you may be anywhere in the world, as long as you are not in immigration clearance. If you are already in Australia, you must hold a valid substantive visa or a Bridging visa A, B, or C. If your current visa has a 'no further application' condition attached, special waiver provisions may apply through SkillSelect-related processes.

Stream-Specific Schedule 1 Requirements

Each stream has its own specific Schedule 1 valid application requirements. Primary applicants are assessed against both common criteria (188.21) and stream-specific criteria. Secondary applicants (family members) do not hold a visa in any particular stream.

Business Innovation — Schedule 1 item 1202B(4)

Business Innovation Extension — Schedule 1 item 1202B(5)

Investor — Schedule 1 item 1202B(6)

Significant Investor — Schedule 1 item 1202B(6A)

Significant Investor Extension — Schedule 1 item 1202B(6B)

Premium Investor — Schedule 1 item 1202B(6C)

Nomination Requirements

Government nomination is mandatory for all six streams. Without a valid nomination your application will not be considered valid. Here is a summary of who can nominate for each stream:

Business Innovation Stream — State or Territory government agency only

Investor Stream — State or Territory government agency only

Significant Investor Stream — State or Territory government agency or Austrade

Significant Investor Extension Stream — State or Territory government agency or Austrade

Premium Investor Stream — Austrade only, and only by Austrade's direct invitation (no unsolicited applications accepted)

Entrepreneur Stream — State or Territory government agency only

For the main streams (Business Innovation, Investor, Significant Investor, and Premium Investor), nomination is recorded electronically in SkillSelect — no paper form is required. For the two Extension streams, applicants make an electronic declaration confirming they continue to be nominated, and must also provide a completed Form 1414 to confirm that State or Territory nomination has not been withdrawn. Nomination must remain active and must not have been withdrawn by the time of decision. If a State or Territory or Austrade wishes to withdraw a nomination, they must advise both the processing office and the applicant in writing.