Excluded business operation
The following types of businesses are not eligible in the Tasmanian Business Owner or Established Resident pathways
- massage therapy where the operator does not have a verifiable health fund number and related skills assessment
- taxi drivers, ride-share, food delivery
- service station / petroleum outlets
- convenience stores (businesses with fewer than 20 employees and with a primary emphasis on sales of items such as food to go, beverages, dispensed/barista coffee, snacks, confectionery, tobacco, basic groceries, ice, petrol and carwash)
- franchises (including post-office, newsagents) and passive business investments
- subcontracting businesses, including parcel delivery contracting services (eg, Australia Post, Aramex). These arrangements are accepted as employment where the applicant has a related skills assessment or at least two years prior experience.
Solely owned businesses (or with spouse)
To be eligible for the Tasmanian Business Operator Pathway, or to claim business operator priority attributes in the Established Resident pathway, the applicant must be either the sole owner or co-owner with their spouse.
Business operators cannot claim ‘employment’ priority attributes even if:
- they have an employment contract
- pay themselves a wage or,
- accrue leave and entitlements.
Co-owned businesses
Candidates who co-own or hold shares in a business with anyone other than their spouse are not eligible for the Tasmanian Business Operator Pathway or to claim business operator attributes under the Established Resident.
Applicants who jointly own a business must demonstrate an employment relationship and make claims as an employee.
Claiming pay and salary attributes as a business operator
Business operators can use the income they receive from the business to meet the pay and salary priority attributes. The claimed income must be demonstrated for a minimum of 12 months.
The amount claimed must be the actual personal income drawn from the business and be supported with evidence of a Australian Tax Office Personal Income Statement, payslips and personal bank statements showing the personal.
Total sales or business turnover cannot be used to meet pay and salary claims.
Business owners must provide the following as supporting evidence:
- most recent Australian Tax Office Income Statement
- payslips demonstrating regular salary amounts
- Australian Tax Office payment summaries
- personal bank statement showing personal income entries.
Business operation related to skills assessments and qualifications
When claiming business operations related to your skills assessment or qualification, there must be direct relationship and substantial crossover between the area of business operation. The tasks performed in the business should closely reflect the duties listed for the ANZSCO occupation or the units completed in the qualification.
Business operation related to study
Example of a business operation directly related to qualification:
- Someone who has a Diploma of Hospitality Management owning/operating a restaurant or café where there is a direct correlation between the study and the business operation and substantial crossover between the units studied and the business operation.
- The owner of an IT company specialising in mobile phone app development who has a Master of Information Technology and Systems from UTAS.
Examples of a business operation not directly related to study:
- Someone who is a Master of Professional Accounting graduate and operating a retail shoe sales outlet.
- A Master of Finance Graduate operating a restaurant, even where financial management makes up a significant portion of their responsibilities.
- A Leadership and Management graduate operating a retail outlet.
Indicators of concern – genuine employment / business operation
Tasmania’s Skilled Migration State Nomination Program supports the local economy by prioritising skilled migrants whose abilities align with Tasmania’s long-term needs. It complements other visa pathways and is not intended as the primary method for businesses to secure skilled migrants.
To ensure effective use of limited nomination places, Migration Tasmania conducts due diligence on applications. This includes verifying that the business is genuinely operating, the employment is authentic (not created solely for nomination), and the applicant receives fair pay and conditions comparable to local workers. Nomination decisions focus on supporting genuine, ongoing skills needs.
Migration Tasmania considers a range of indicators that may raise concerns about the authenticity of employment or the legitimacy of a business. These indicators do not automatically determine the outcome of an application but may prompt further investigation or requests for additional evidence. All available information is considered, and decisions are made based on the balance of evidence, which may result in an application being declined.
The indicators outlined are based on assessments since 2018 but are not exhaustive. Other relevant factors may also be considered during the assessment process.
Indicators of concern for an employer include
- The business does not appear to be a well-established operation because it may be newly registered, have a limited trading history, or have a minimal physical presence such as an office space without? signage or a shop front.
- There is a heavy reliance on temporary visa holder workforce.
- There is a lack of genuine local recruitment efforts, which might include advertisements on mainstream platforms such as Seek or Indeed, or through recruitment agencies.
- There is a sole reliance primarily on social media for recruitment, particularly when targeting specific ethnic or community groups.
- There are direct or indirect links to migration or education agents, including shared office space or ownership structures.
- There is a high staff turnover, especially among previous employees who also sought or secured Tasmanian nomination.
- Inadequate or poorly maintained online presence, such as business websites that are incomplete, non-functional, or contain outdated or unprofessional content.
- The applicant lacks a relevant migration skills assessment, despite claiming extensive experience or qualifications directly aligned with the nominated skilled role.
- There are pay inconsistencies, such as discrepancies between payslips submitted in the application and bank statement evidence of salary deposits, or wages falling significantly below industry standards.
Mitigating factors may include
- A known and verifiable history of genuine business operation, including consistent trading activity and established reputation.
- Prior positive interactions with Migration Tasmania, where the business has demonstrated compliance and transparency.
- A broader history of positive engagement with the Department of State Growth or other Tasmanian government agencies.