What does state nomination do for an 858 EOI?
State nomination for an 858 EOI attaches Form 1000 Part A completed by a state or territory government agency, with its supporting statement, to your Expression of Interest. Home Affairs’ EOI submission page, updated 29 July 2026, specifies these attachments; Direction 120 ranks agency-nominated candidates in Priority 2 for the 858 visa.
Under Direction 120 section 8(2), in effect from 25 July 2026, your 858 priority group follows this order:
- Priority 1: global experts with top-of-field international awards.
- Priority 2: expert government-agency nomination.
- Priority 3: exceptional achievements in tier 1 sectors.
- Priority 4: exceptional achievements in tier 2 sectors.
- Priority 5: all other applications.
The Home Affairs National Innovation visa priorities page, updated 30 September 2026, applies the same order to invitations. “Tiers” are sector bands, not names for the priority groups.
Home Affairs’ EOI form, updated 30 September 2026, asks for the agency’s name, representative and relationship to your area. Its EOI submission page requires a statement explaining your expected contribution against agency priorities. Direction 120 section 9(4) adds agency-nomination indicators, including achievements serving those priorities.
858 state nomination by state and territory
858 state nomination by state and territory differs most in who it is for and what it expects of you, set out below for the five jurisdictions with a published program. These are tests for state or territory government nomination for the 858, not substitutes for federal eligibility.
| Jurisdiction | Who it is for | Main tests | Investment or residence expectations | Expectations after the grant | Government page |
|---|---|---|---|---|---|
| South Australia | Global researchers and thought leaders; entrepreneurs; innovative investors; creative talent; other globally talented individuals | Researcher indicators include earnings or an SA job offer at the Fair Work high income threshold: $190,100 from 1 July 2026, according to the Fair Work Commission | No investment minimum; entrepreneurs keep most project activity, assets and staff in SA; listed non-innovative businesses excluded | None published | SA National Innovation visa; requirements modified 16 January 2026, read 3 October 2026. |
| New South Wales | Researchers and academics; entrepreneurs; innovative investors; sports professionals; creative professionals | Evidence for every ROI claim | No dollar thresholds published; residence unnecessary, but genuine ties required | NSW says it stays connected; no reporting requirement published | NSW National Innovation visa; read 3 October 2026. |
| Victoria | Candidates already working with a Victorian agency on a project | Agency referral; under 55 unless a compelling case | Genuine commitment to live in and contribute to Victoria | No reporting rule published | Live in Melbourne National Innovation visa, as its page read on 10 April 2026. |
| Queensland | Researchers, entrepreneurs, innovative investors, athletes, sports professionals and creatives | Researchers need a Queensland university job or funded placement of at least two years | Entrepreneurs: $1 million within two years of grant; investors: at least $5 million for two or more years | Investment commitments extend past grant; no reporting mechanism published | Migration Queensland National Innovation visa and Trade and Investment Queensland National Innovation visa; TIQ modified 8 September 2026, read 3 October 2026; closed for 2025–26. |
| Tasmania | Candidates with an established agency or University of Tasmania relationship | Referral and agency business case | Genuine commitment to live in and contribute to Tasmania | None published | Migration Tasmania National Innovation visa, as its page read in the 15 April 2026 capture; updated 19 March 2026. |
Application routes and referral routes for 858 state nomination
Application routes and referral routes for 858 state nomination split the states in two, based on their government pages:
- Application routes: you lodge an ROI yourself in South Australia, NSW and Queensland when open. You control its content and submission timing. SA permits one active application; NSW permits one active ROI, valid six months and not editable.
- Referral routes: an agency or institution proposes you in Victoria and Tasmania, as their pages read in April 2026. There is no individual ROI application; the agency relationship comes first.
SA, NSW and Queensland publish state entrepreneur and investor categories for the 858. However, Part 858 of the Migration Regulations 1994 contains no investment, turnover or business-ownership criterion: founders still need the required internationally recognised achievement.
Does Western Australia nominate for the 858 visa?
Western Australia shows no 858 nomination program: none of the 38 pages in Migration WA's sitemap is a National Innovation visa page, and its home, FAQ, migration pathways and State Nominated Migration Program pages, read on 3 October 2026, do not mention the visa.
That is a finding from Migration WA’s pages, not a government declaration that nomination is unavailable. Whether a WA agency signs Form 1000 case by case is not published. Its pages instead cover other migration pathways and the business-migration program closure.
For candidates in Perth or elsewhere in WA, the Migration Regulations 1994 allow any of the four nominator types and impose no state-residence condition on the 858. NSW’s common questions page says residence in NSW is unnecessary, but genuine connections and credible plans are expected for Priority 2 agency nomination.
Tasmania, the Northern Territory and the ACT
For state or territory government nomination for the 858, these three jurisdictions require particular care with status dates:
- Tasmania: Migration Tasmania’s page, updated 19 March 2026 and captured 15 April 2026, requires an established agency or University of Tasmania relationship, or a connected business’s recommendation. The referring representative sends a template-based business case to Migration Tasmania, which completes Form 1000 and returns both for your EOI. Research bodies, including the University of Tasmania and Menzies, may propose candidates. A genuine settlement commitment is expected; no fee is stated. Status since the capture is not verified.
- Northern Territory: the NT Government’s “Migrate to work” menu, captured 29 August 2026, includes a National Innovation Visa page. Its contents could not be read, so eligibility, process, fees and current status remain unknown here.
- ACT: the ACT National Innovation visa page, captured 5 December 2025, described a framework under consideration. ACT Migration’s page captured 11 August 2026 said nomination was not open and expressions of interest were not being answered. Later status is not verified.
Do states interview 858 candidates?
Two states publish interviews for Priority 2 agency nomination:
- South Australia: its “How to apply” page specifies an SA Government panel interview if your ROI progresses.
- Queensland: Trade and Investment Queensland specifies an interview with the Commissioner for your passport country if shortlisted; the route is currently closed.
- NSW: its National Innovation visa page specifies domain-expert review, potentially including a recognised field leader’s endorsement, but no interview.
- Victoria and Tasmania: their April 2026 pages describe referral routes without a stated interview.
Interview content and format are not published; there is no verified agenda to prepare against.
Are state expectations 858 visa conditions?
No, state expectations are not 858 visa conditions: the Migration Regulations 1994 attach no state-residence or reporting condition to the 858. Residence commitments and investment plans are tests for state or territory government nomination for the 858.
Victoria’s page captured 10 April 2026 and Tasmania’s page captured 15 April 2026 expect a commitment to live in and contribute to their state. Trade and Investment Queensland’s page, modified 8 September 2026, sets investment commitments extending past grant without publishing a reporting mechanism.
Home Affairs’ visa page, updated 4 September 2026, also expects holders to contribute in their area of expertise; that expectation is not a legal visa condition.
State nomination or another 858 nominator?
State nomination is one 858 nominator route. Under Direction 120 and Home Affairs’ EOI submission guidance, Priority 2 agency nomination includes Form 1000 with the EOI. Other eligible nominators sign it for the visa application.
The Migration Regulations 1994 require every nominator—including an agency—to have a national reputation in your area. Item 1113(3)(d) requires Form 1000 with every visa application. Direction 120 places qualifying top-of-field award recipients in Priority 1 regardless of nominator; otherwise, without agency nomination, sector determines Priority 3, 4 or 5.
Frequently asked questions
What is a state-nominated visa, and is the 858 one?
For the 858, government-agency nomination means Form 1000 and Priority 2 under Direction 120. It is separate from the Skilled Nominated (subclass 190) visa, which Home Affairs describes as requiring a SkillSelect EOI, invitation and state or territory nomination.
Which state is easiest for 858 nomination?
No comparable state nomination counts are published. Home Affairs reports Priority 2 invitations as national quarterly figures, not state results. Compare which application or referral route fits your existing evidence and relationships, rather than ranking states.
Does state nomination cost anything?
SA and NSW government pages specify no fee. Queensland publishes none; Victoria and Tasmania mention none in their April 2026 captures. Home Affairs’ EOI pages show no fee or payment step, and Form 1000 says nomination is free. Under item 1113 of the Migration Regulations 1994, the main applicant’s visa application charge is $6,235 from 1 July 2026.
Do I have to live in the state after the 858 is granted?
The Migration Regulations 1994 impose no state-residence condition. Residence and investment commitments are nomination tests, distinct from visa conditions.
Can a state nominate me if I am already in Australia?
SA’s requirements accept onshore and offshore candidates. Victoria’s page captured 10 April 2026 accepted candidates regardless of migration status. At visa application, however, item 1113(3)(ba) of the Migration Regulations 1994 requires an onshore applicant to hold a substantive visa or Bridging A, B or C visa.
858 state nomination pages by state
- SA’s government pages showed an open ROI route and nil fee on 3 October 2026; see South Australia 858 nomination for the application details.
- NSW’s government pages showed an open route, six-month ROI and 21-day application window on 3 October 2026; see NSW 858 nomination for the sequence.
- Queensland’s government pages remained closed for 2025–26 when read on 3 October 2026; see Queensland 858 nomination for the published requirements and reopening uncertainty.
- Victoria’s government page was referral-only as read on 10 April 2026; see Victoria 858 nomination for that route and its dated status limitations.
Ask an Australian migration lawyer to identify the appropriate state, territory or other nominator route, then check ROI limits and EOI consistency before submission.
Last changed 3 October 2026: jurisdiction status dates and nomination routes compared; see 858 visa changes.