Significant Business History (SBH)
To qualify for South Australian nomination you must:
1.1 Clients must have visited South Australia previously to be eligible for State nomination. Applicants who have not visited SA will be refused State nomination. Evidence must be provided at time of application for State nomination. Information to be collected is the date and duration of the visit, where in SA you have visited and the nature of your visit. The accepted evidence must include one of the following:
1.1.1 Documentation from Immigration SA confirming that the meeting has taken place
1.1.2 Airline boarding passes – tickets are not accepted as they do not confirm the flight was taken
1.1.3 Receipts for accommodation in SA
1.2 If the above evidence is not available other submitted evidence maybe accepted, such as emails to confirm the meeting with SA companies. Photos are not required and will not be assessed.
1.3 Your application needs to include an exploratory visit itinerary and details on the outcome from your visit. This information is being collected to help Immigration SA understand how your visit has benefited your understanding of business and lifestyle opportunities, it is not an eligibility requirement.
1.4 For clients who intend to reside and do business in a state other than South Australia, Immigration SA advises that you apply to that Government nominating body. Immigration SA's business migration nominations are for those clients intending to do business and reside in South Australia. Applications will be refused if the intention to do business and live in South Australia is assessed as not genuine.
1.5 Evidence required to satisfy the commitment to live in SA requirement at 132 review stage is provided in the 132 review tab.
1.6 You must confirm that you have sufficient financial resources to support yourself and dependents to settle in South Australia and understand it is your responsibility to determine the cost of living in South Australia. Evidence of financial capacity is not required. However, Immigration SA reserves the right to seek additional information or evidence at a later stage if necessary.
1.7 If you have been nominated, or hold a visa which was nominated by another Australian State or Territory, a letter of release is required from the relevant jurisdiction at the time of application submission. Without the letter of release, your application will be refused.
2.1 Your benefit to state business activity must meet the Department of Home Affair requirements in relation to active management, genuineness, and sustainability.
2.2 The Benefit to State (BTS) requirements vary depending on the client's age, business type and location. You must confirm to meeting at least one of the listed requirements through your business in South Australia within the first two years of holding the visa. At the two-year review, you must provide evidence of the BTS achievement.
|Benefit to State||Under 55||
Regional Under 55
|4 FTE||3 FTE||8 FTE||6 FTE|
c. Investment into a business
d. Property development
- Refer below for further details on the export requirement if you plan to include wine in your export business.
Over 55 years of Age - Exceptional Benefit
2.3 The 55 exceptional benefit to State nomination requirement is applicable to applicants aged 54 years and 9 months of age and above (at time of lodgement of the nomination application).
2.4 Immigration SA reserves the right to limit the number of nominations provided to clients who must achieve exceptional benefit.
Regional Concessions – Benefit to State Requirements
2.5 To encourage investment outside of the capital city of Adelaide, the benefit to State requirements for State nomination are lower for country regional areas outside of greater Adelaide. A regional business is defined as a business located in an area outside of metropolitan Adelaide. If insufficient evidence is supplied the regional concession will be refused and you must meet the standard benefit to state requirements based on your age.
2.5.1 Clients must be living and conducting business in regional South Australia.
2.5.2 To be defined as living in a regional are of South Australia the main client must have spent most of their time in the regional location and be able to provide evidence associated with living in that location. Evidence can include utility bills, purchase or rental of a house, other evidence showing involvement with the local regional community.
2.5.3 To be defined as conducting business in regional South Australia the physical location of the business and or the sourcing of the products must be regional.
2.6 Full Time Equivalent (FTE) employees refers to employees under the direct employ of the business working a minimum of 30 hours per week paid at least the award wage. Employment for each FTE required is for a minimum of 12 months within 24 months of the 132 visa grant date.
2.7 FTEs must be Australian citizens, New Zealand passport holders, 489 South Australian State nomination visa holders or permanent residents for the full 12-month period. Family members are not eligible to be included in the FTE requirement.
2.8 Export refers to the sale of South Australian made goods or provision of services overseas. Minimum values are based on purchase price. Goods must be produced in South Australia.
2.9 Exports need to be part of a genuine business activity to make a profit. The frequency of exports will reflect the genuineness of the business activity.
2.10 For applicants nominated from 1 July 2018 to meet the export requirement for clients aged under 55 not accessing a regional concession you will need to export at least AUD $600,000 of South Australian products or services (turnover value), but the majority cannot be wine if total exports are less than $1 million. Examples of acceptable BTS export outcomes for applicants in this scenario are provided in the following table:
|Must achieve $600,000 in total exports, but majority cannot be wine if total exports are less than $1m|
|Actual wine export||Other exports||Total actual value|
Investment into a Business
2.11 South Australia state nomination is available to successful business owners who intend to establish a new or buy an existing business in South Australia. The amount of investment into the business must meet the minimum requirements defined in the table at 2.2.
2.12 Information is collected on how you plan to use the AUD $1.5m of funds being transferred to Australia.
2.13 Clients must demonstrate they are aware of the regulations and licenses required to undertake the proposed business in South Australia and provide details on how you have carried out sufficient research for the business proposal in South Australia.
2.14 Your significant business history will be considered in the context of your proposed business in South Australia. Clients who have conducted unacceptable business or been found guilty of illegal business practices will be refused State nomination.
2.15 South Australia state nomination is available to successful business owners who intend to engage in property development in South Australia. Property Development requirements apply as follows:
2.15.1 If 132 visa granted before 1 August 2017 then applicants are required to do the old property development requirements. These requirements were AUD $3million for clients aged under 55 and AUD $6million is aged 55 and over.
2.15.2 Clients approved for South Australia 132 State nomination or have a 132 visa grant on 1 August 2017 onwards can access the property development requirements published.
2.15.3 Clients who have received a nomination from South Australia for non-property development related business plans and who have yet to receive a visa grant from the Department of Home Affairs prior to 1 August 2017 may if they wish submit a fresh business plan to Immigration SA for assessment by emailing email@example.com.
2.16 Business plans must be submitted to Immigration SA by clients wanting to satisfy benefit to state requirements through conducting property development business.
2.16.1 Business plans for property development must be for sale to unrelated independent parties on commercial ‘arm’s length’ terms. The subject property being developed is not for the provision of rental property or for speculative or passive investment.
2.16.2 Business plans must include how active management requirements will be met.
2.16.3 Business plans for property development will not be accepted where Immigration SA is not satisfied that a development or property consulting company partnering with the client for the property development does not have at least two year’s relevant property development experience immediately prior the client's nomination application. Immigration SA recommends that the client find out about builders’ reputations and check their qualifications before engaging them to carry out any works. Please refer to this website on choosing a qualified builder
2.17 Nominations are only provided where clients can demonstrate a realistic intention to maintain the property development activities in South Australia on an ongoing basis, and where the subject property being developed is made available for sale to the open market.
2.17.1 A signed written undertaking by the client is required that the properties being developed pursuant to the project will be made available for sale no later than two months upon completion of the build.
2.17.2 It is a requirement that irrespective of any claims as to the prevailing state of the relevant property market, properties being developed pursuant to the nomination will be made available for bona-fide sale to unrelated independent parties on commercial ‘arm’s length’ terms no later than two months upon completion of the build.
2.18 Sufficient information should be provided to Immigration SA to assess, on a case-by-case basis, whether the property development and the business plan meets the aims of this program. Information required:
2.18.1 Identification and location of the development
2.18.2 Project cost information
2.18.3 Proposed breakdown and details of own/debt/other financing
2.18.4 Current Certificate(s) of Title for the subject land
2.18.5 Copies of any planning or development approvals
2.18.6 Expected commencement and completion dates
2.18.7 Explanation of the client's managerial role within the project, and submissions as to why the client has suitable experience to fulfill such role
2.19 Clients are required to register on arrival, and then provide online updates every six months and in person from visa grant to report on the progress of the property development.
2.19.1 During the client's regular six-monthly meetings with the Immigration SA Business Migration team, they will be required to provide evidence of investment into the property development. This may include investment items such as cost of site acquisition, consultation services (for example. legal, planning, design, building, marketing and promotion), employees, building and construction costs, and other expenditure identified by the client. This may include the provision of relevant contractual documentation
2.19.2 The client must also provide evidence of the source of the property development funding, to set out what percentage and amount is personal capital, debt finance, or any other source of funding.
2.19.3 Where Immigration SA is not satisfied that the development activities have not substantially progressed it reserves the right to withdraw support for the business plan, and the client will be required to select a different benefit to state requirement to satisfy their nomination migration requirements.
3.1 You must agree to register your arrival in South Australia with Immigration SA within three months.
3.2 You must maintain current contact details for the duration of your visa and provide updates online every six months for three years from the date of visa grant.
3.3 You must meet in person with a representative of the Business Migration team at least once every six months from the date of the visa grant until the Department of Home Affairs review has had a decision reached. The six-monthly meetings will ensure discussion of the progress of the proposed business and submission of information as requested by the Business Migration team for use in the review conducted by Department of Home Affairs. Details on the process for registering your arrival and providing updates are provided here.
3.4 You must agree to participate in any surveys that the South Australia Government may conduct.
3.5 Any intention to change the primary nature of the applicant’s proposed business activity and BTS must be agreed to in advance in writing by the South Australian Government.
4.1 State nomination is only for clients willing to commit to meet the Federal Immigration Criteria for the 132 Significant Business History visa. Your submission for State nomination incorporates this commitment.
4.2 This visa is intended to attract to Australia highly skilled business people who will use their skills to engage in business in Australia. In applying for State nomination please note it is expected the visa holder will be actively involved in the day-to-day management of an eligible business in Australia. While some aspects of business management may occur while the visa holder is overseas, the visa holder must provide evidence to the Department of Home Affairs at the 132 Review stage, that the time spent overseas has been to the benefit of the business in Australia.
5.1 Provide information to Immigration SA to enable a two year review after visa grant. This includes completing the review application form on this website and providing a full and complete Department of Home Affairs’ Survey of Business Skills Visa Holders (Form 1010). The information must detail the type of business being conducted, scale of the business and which of the Benefit to State requirements you have met.
5.2 Refer to the 132 review information requirements listed in the 132 review tab above. All State requirement outcomes must be achieved within South Australia and must be met by the two year review stage. Failure to meet the requirements for State nomination may result in a revocation of your 132 visa by Department of Home Affairs.
6.1 For immigration SA to approve your nomination in Skill Select you need to have an EOI at the time of application submission which meets the Australian Immigration Department 132 SBH stream criteria and Immigration SA nomination requirements.
6.2 Your EOI must match the information supplied in your State nomination application including your personal details, there must be no discrepancies between the information provided on your Immigration SA online application and information recorded in your EOI.
6.3 Your EOI number must be recorded correctly, otherwise Immigration SA will be unable to locate you in SkillSelect and your State nomination application will be refused.
6.4 If you have made an error in your EOI, Immigration SA can assist you depending on the status of your application. If you have applied for state nomination but a decision hasn’t been made by Immigration SA – you need to edit EOI details prior to the Immigration SA decision being made & email Immigration SA to advise you have amended the EOI. If you are nominated by Immigration SA, the EOI is frozen and cannot be edited.
6.5 Immigration SA will not renominate clients if their Skill Select invitation has expired. The Department of Home Affairs is not able to reissue invitations once expired. Immigration SA receives an allocation of nominations each program year. Only one nomination per annum is available unless there is spare capacity at the end of the program year will a second application be considered. Additional applications will be refused.
6.6 Immigration SA does not agree to the release of nomination to any other Australian State or Territory nor will accept another applicant if nominated by another State or Territory without an authorised release.