1. Department of Home Affairs 132 Significant Business History criteria
The Department of Home Affairs review criteria includes an assessment of the eligibility of the business; substantial ownership interest and active management. This means the business has transactions that are entered into on a continuous basis for the purpose of making a profit, the activity has a permanent character, customers are sought and financial records kept and the activities are genuine and real. Eligible businesses will have resulted in one or more of the following: developed business links with the international market; creation or maintenance of employment, export of local goods, production of goods or provision of services, introduction of new or improved technology or an increase in commercial activity and competitiveness within sectors of the economy.
Section 134(1)(b) enables a visa to be cancelled if the visa holder cannot demonstrate they have an active, ongoing and senior management role in the business. The visa holder must demonstrate that: they have exercised responsibility within the business/es in terms of decision-making authority and in setting strategic direction of the business (this may include, but is not limited to, responsibility for employees and/or responsibility for expenditure) such responsibility has been exercised on a continuous and daily basis as opposed to occasional; their skills have been fundamental to, or have exerted direct influence on, the operation of the business/es; and, they have a specific and identifiable role in the business. This requires the business to be ongoing and for the visa holder to consistently spend a significant, portion of their time managing the business on an ongoing basis.
2. Intend to live in South Australia
The South Australian government will take a flexible approach to the supporting documentation that can be submitted to evidence commitment to South Australia and your intention to reside. The following examples of evidence of the applicant’s intention to live and continue to do business in South Australia are not exhaustive and may be considered on a collective basis.
2.1 A written statement from the applicant explaining their residence or investment in South Australia
and future plans if not yet a resident.
2.2 Evidence of future commercial activity plans of South Australian products or investment in South Australia
(in addition to the activity to meet the Benefit to State requirements)
2.3 Property ownership evidence in South Australia
3. Invested in South Australia and met the Benefit To State requirement
The Benefit to State requirements vary depending on the applicant’s age, business type and location. At the two year review, the applicant must have achieved at least one Benefit to State requirement.
A regional business is defined as a business located in an area outside of metropolitan Adelaide. Applicants applying to meet regional requirements must conduct business in country regional South Australia.
132 applicants aged 54 years and 9 months of age and above (at time of lodgement of the nomination application) the above 55 exceptional benefit to state nomination requirement is applicable.
4. Provided completed form 1010
Respond within 2 weeks of 132 review application request (additional time can be requested if evidence can be provided that the Department of Home Affairs has provided an extension). A nil or substantially incomplete response may result in a non-supportive review comment.
5. Registered arrival in SA and maintained current contact details
Subclass 132 visa holders are required to register their arrival within three months and 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 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.