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Terms and conditions

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Skilled and Business Migration

Skilled and Business Migration is the state government agency responsible for South Australian state nomination, Regional Certifying Body advice and endorsement for businesses seeking to access a Designated Area Labour Agreement. To qualify, you must meet the requirements set by the Government of South Australia as outlined on this website.

You should also read the privacy policy and disclaimer statement for this website.

Department of Home Affairs

If your application for nomination is successful, you must also meet all visa criteria set by the Department of Home Affairs and obtain a visa before you can migrate to South Australia. Please see the Department of Home Affairs website to assess your eligibility for the relevant visa before you seek state nomination, employer nomination or endorsement.

Visa decisions are the responsibility of the Department of Home Affairs. A South Australian state nomination does not guarantee your visa application will be successful.

Nomination application fees

Skilled and Business Migration charges a non-refundable service fee for skilled and business nomination/endorsement applications.

  • The fee must be paid after submitting your application by selecting the ‘submit’ button. The fee is charged on each application and a 1.17% surcharge is also payable to cover payment processing costs. GST is payable by all onshore applicants.
  • The fee and surcharge must be paid online using a credit card at the time of lodging an application. The application will not be processed until the payment is confirmed.
  • The fee and surcharge must be paid within 48 hours from the date the application being submitted by selecting the ‘submit’ button. If no payment is received after 48 hours, the application will be automatically deleted.
  • The fee and surcharge are charged in Australian dollars (AUD).
  • The final amount payable in a foreign currency will depend on the exchange rate at the time of payment. Before you submit your application, you may choose to notify your bank of an upcoming foreign credit card transaction if applicable.
  • The payment methods accepted are by VISA or MasterCard.
  • The fee is an administration charge only and does not guarantee the approval of your application for nomination/endorsement.
  • Fees will not be refunded for any reason including if your personal circumstances change, if you change your mind or your nomination is not approved.

Application fees are subject to change. The fee payable is charged by reference to the date your application fee is paid. You will need to pay the fee that is published on this site at the time of payment

Applying for nomination does not guarantee you will receive nomination by South Australia, even if you meet published requirements. Nominations are granted at the discretion of South Australia and are subject to quotas. Fees will not be refunded in this circumstance.

Application processing

It is your responsibility to read these application terms and conditions, relevant application requirements and the associated document checklist before applying and preparing your documents.

Skilled and Business Migration will make every effort to process your application efficiently and may prioritise some applications at its discretion. Unless otherwise instructed by you in writing, you will be contacted directly regarding the outcome of the assessment. If you nominate an authorised recipient, we will contact them instead.

Applying for nomination does not guarantee you will receive nomination by South Australia, nor does it guarantee you will be granted an Australian visa. Nomination is granted at the discretion of South Australia and is subject to quotas.

You must provide details of your current and previous substantive visas as outlined on the application form.

South Australia reserves the right to request additional evidence to confirm your residence in South Australia or evidence of your employment.

Application submission

All applications must be submitted via the secure online application system at https://apply.migration.sa.gov.au

Applications must be submitted within 14 days of the application creation date. If an application is not submitted with this period (14 days from its creation), it will be automatically deleted.

Applications can be saved, edited and progressed within the 14-day period. If saved applications need to be deleted for operational reasons, users will be advised via email, in advance where possible.

Once you have submitted your application by selecting the ‘submit’ button, your application will be locked and no further edits can be made. You will be notified of any application status changes via your account.

Changes to the application can only be made before submitting the application. Requests to ‘unlock’ or access a submitted application will be refused.

Skilled and Business Migration reserves the right to amend the duration of the saved and submit time frames. Any changes will be reflected in the terms and conditions.

Correspondence sent from Skilled and Business Migration will be deemed received when sent to the email address listed in the application.

Documentation in English

All information in your application and supporting documents must be provided in English or have an English translation, or the application will not be processed.

Documents related to Overseas Qualification Recognition that are not in English must be accompanied by an English translation by an approved /certified translator.

Document attachments

All supporting documents for the application must be uploaded within the online application form. These must be scanned copies of the original documents. Qualification documents for overseas qualification assessment must be certified.

Documents provided in any other form, unless expressly requested, will not be accepted.   Incomplete applications will not be processed. You cannot submit additional documents at a later time without submitting a new application and paying an additional fee.

Irrelevant or additional documentation (including information not requested as part of the application) will not be considered. Additional documentation may be deleted. Non-essential documents may also delay processing.

Validity of documentation

All documentation provided in support of an application for nomination must be valid at the time of submission AND at the time of the nomination or endorsement decision. If supporting documentation expires before the application outcome is determined, your application may be refused.

False or misleading information

Providing false or misleading information is a serious offence under state and Commonwealth law and may be prosecuted. If false or misleading information is provided in support of your application, Skilled and Business Migration will notify the Department of Home Affairs, which may result in your visa being refused or cancelled.

You will be permanently ineligible for South Australian nomination if false or misleading information is found.

Any subsequent applications will be refused.

Email/client tracking system

You can monitor the progress of your application via the Skilled and Business Migration portal. All notifications will be sent via email with advice on any further action required. It is your responsibility to ensure that your correct email address is provided. Email notifications sent are deemed to have been received the same day, regardless of whether they are opened and read, or not. y

Immigration Assistance

Skilled and Business Migration must be satisfied that the primary applicant has been made aware of the requirements and associated obligations, even if the application has been lodged on his/her behalf by a registered migration agent, Legal Practitioner or exempt person.

Submitting an application online on behalf of an applicant may require a Form 956 (Appointment of a registered migration agent, Legal Practitioner or exempt person).

It is important that the  applicant’s contact email address is provided as part of the application process. Please note that an authorised recipient’s email address will not be accepted as a contact email address for the applicant. Failure to provide the applicant's contact email address will result in the application being refused and the application fee will not be refunded.

Skilled and  Business Migration may provide correspondence to the primary applicant in addition to the authorised recipient and reserves the right to contact the primary applicant directly.

Nomination requirements

South Australian state nomination and employer nomination are not transferable to other Australian states or territories. If you have been nominated, or hold a visa that has been 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.

  Skilled and Business Migration reserves the right to change its nomination requirements. Any changes will be published on this website.

Nomination/endorsement expiry

The offer of a South Australian nomination or endorsement is valid for sixty (60) days from the date of approval.   If your visa application is not submitted to the Department of Home Affairs within that time, the offer of a South Australian nomination or endorsement will expire.

South Australia will only provide one nomination per applicant.

If you have received South Australian nomination for a subclass 190 or 491 visa, and you were invited to apply for the visa by the Department of Home Affairs, you are not eligible to apply again for South Australian nomination for a skilled migration visa. Exemptions may apply on a case-by-case basis at the discretion of Skilled and Business Migration.

South Australia only permits one active application at any time. Multiple active applications cannot be received and a request to withdraw an application can be made at any time.

Nomination withdrawal request

You can withdraw your application via your online account, but the application fee will not be refunded.

Nomination refusals

Failure to meet the requirements for state nomination or endorsement will result in a refusal of your application for nomination or endorsement. If your application is refused, you can lodge a new application for state nomination or endorsement. All applications, including resubmitted applications, will incur a fee.

Reasons for refusal include:

  • Inadequate documentation
  • Not being able to locate your Expression of Interest (EOI) ID in SkillSelect
  • Not meeting state nomination or endorsement requirements
  • Not meeting Federal immigration criteria
  • Incomplete information
  • Typing errors or inadvertent omission of information and documents,
  • Your past or present conduct which shows you are not of good character are all grounds for refusal.

Migration agents and Legal Practitioners are reminded that failure to provide all required details, including an applicant's contact details, will result in an application being refused, and the application fee not being refunded.

Current holders of a Skilled Work Regional (Provisional) visa (Subclass 491) visa are not eligible to apply for a Skilled Nominated (Permanent) visa (Subclass 190).

Review of decision

For Skilled Migration and Business Migration applications:

  • The decision may be reviewed if you can demonstrate that an administrative error has been made.
  • A decision will not be reviewed because you have failed to provide adequate documentation, not met state nomination or endorsement requirements, provided unclear information, or made errors in or omissions from your application or supporting documents.
  • If you can demonstrate an administrative error, you may request a review via email to Skilled and Business Migration and provide details regarding the grounds for your review request within 14 calendar days of the refusal notification.
  • Skilled and Business Migration will not, under any circumstances, appeal to the Administrative Appeals Tribunal against a decision by the Department of Home Affairs declining to grant a visa to any applicants.

Business migrants

It is recommended that you seek your own professional legal and financial advice before investing.

The Government of South Australia, and its employees, will not take any part in your investment decisions and cannot guarantee any return on your complying investments. The Government of South Australia, and its employees, will not endorse 3rd party investment or business opportunities.

Like any other investment activity, investing in complying investments can involve risk.

Permission

By completing and submitting an application and request for any services, you give Skilled and Business Migration permission to:

  • contact you for legitimate reasons (i.e. notification of events, surveys, seminars, etc)
  • provide your details to third-party consultants, Approved Service Providers (188E) and other government bodies working with / on behalf of the Government of South Australia who wish to contact you for legitimate reasons (i.e. notification of events, surveys, seminars etc)
  • share your particulars and relevant information about your application to other federal and state government bodies including the Department of Home Affairs, and the Department of State Development
  • contact third parties for the purposes of verifying the information contained in this application
  • check your details in the Visa Entitlement Verification Online (VEVO) system.