Immigration South Australia

This is a state-nominated visa for business and investor migrants who hold a four-year provisional subclass 188 visa and are seeking permanent residency.

The nomination requirements for this visa are based on the subclass 188 visa stream that you originally applied for:

  • Business Innovation: business owners who want to relocate their overseas business or establish a new business in South Australia
  • Business Investment: successful investors or business owners willing to invest a minimum AUD$1.5 million in South Australia for four years
  • Significant Investor: people willing to benefit South Australia and invest $5 million into a complying investment for four years.

This visa is valid for five years with future options for further permanent residency visas or citizenship.

 

Nomination requirements

Business migrants seeking nomination for a Permanent Business Innovation, Investment and Significant Investor subclass 888 visa must meet both state and Department of Immigration and Border Protection requirements (DIBP).

State and DIBP requirements are different for each stream.

Applicants must first apply to Immigration SA for a second state nomination before lodging a subclass 888 visa application with the Department of Immigration and Border Protection (DIBP).

This visa is valid for five years with future options for residency return visas or citizenship. 

To meet the South Australian nomination requirements you must:

  • Hold a provisional innovator visa nominated by South Australia or a completed release form
  • Meet DIBP 888 innovator stream criteria
  • Primary residence and business location in South Australia for a minimum of two years prior to 888 nomination application
  • Meet and provide evidence of the benefit to state requirements as required for your age, business type and location. 

Benefit to State Requirements under 55 years of age

You must provide evidence that you have met one of the following:

  • Employed two full-time equivalent employees in SA – additional requirements apply.  
  • Provided a minimum capital investment of AUD $200,000 into a South Australian business. (AUD $1.5 million for property developers) See investment criteria below.
  • Inject AUD $600,000 of net personal and/or business assets into South Australia. 

Exceptional Benefit to State Requirements over 55 years

You must provide evidence that you have met one of the following:

  • Employed four full-time employees – or an additional four workers if you purchased the business – for a minimum of 12 months prior to lodging your application. They must be Australian citizens, New Zealand passport holders, or Australian permanent residents for the full 12-month period
  • Provided a minimum capital investment of AUD $1.5 million into a South Australian business or AUD $2 million for property developers
  • Exported AUD $600,000 of South Australian products or services (turnover value).

If you are over 55 and undertake your investment in country region South Australia the exceptional benefit to state requirements reduce to:

  • Employed three full time equivalent employees
  • Provided a minimum capital investment of AUD $1 million into a South Australian business or AUD $2 million for property developers.

If you undertake your business investment in country region South Australia you can obtain a concession from Immigration SA on the DIBP minimum criteria.  It is recommended you meet with Immigration SA as soon as possible to discuss any DIBP waiver requests.

Immigration SA can provide a waiver for either your minimum DIBP requirements for turnover (A) or your requirement to meet business or personal assets (B) in recognition that country areas may have a smaller customer base and lower capital requirements.

  • A:    AUD $300,000 turnover
    Or
  • B:    Waiver two out of the following three DIBP requirements:
    1. Waiver AUD $200,000 in net business assets
    2. Waiver AUD $600,000 in net personal and/or business assets
    3. Wavier two full time employee requirement

To meet the South Australian nomination requirements you must:

  • Hold a provisional investor visa nominated by South Australia or a completed release form
  • Meet DIBP 888 investor stream criteria
  • Resided in South Australia for a minimum of two years.
  • Invested at least AUD $1.5 million in South Australia Government Financing Authority (SAFA) bonds for four years (AUD $5 million for applicants who were more than 55 years old when they applied for their provisional visa).
  • Provide a plan for investing the AUD$1.5 million in business or investments in South Australia post bond maturation.

To meet the South Australian nomination requirements you must:

  • Hold a provisional significant investor visa nominated by South Australia or a completed release form.
  • Meet DIBP 888 significant investor stream criteria. There is no maximum age requirement or points test for this visa.
  • Meet the benefit to state requirement by:

1. Demonstrating that the Complying Investment materially benefited the South Australian economy 

    Or

2. Demonstrating a commitment to live and/or invest in South Australia.

To meet the South Australian nomination requirements you must:

  • Hold a provisional significant investor visa nominated by South Australia or a completed release form.
  • Meet DIBP 888 significant investor stream criteria. There is no maximum age requirement or points test for this visa.
  • Completed six-monthly surveys issued by Immigration SA during the four-year provisional visa term.
  • Meet the benefit to state requirement of your selected option 1, 2 or 3. 

Option 1 Local Organisation

  • Became a member of an approved ‘local organisation’ for three of the four years and attended six meetings or events.

Option 2: Education

  • One of your children has resided and been educated (full time study) in South Australia for two years out of the four

Option 3: Residential property

  • Purchased residential property in South Australia to minimum value of AUD $500,000

To meet the South Australian nomination requirements you must:

  • Hold a provisional significant investor visa nominated by South Australia or a completed release form.
  • Meet DIBP 888 significant investor stream criteria. There is no maximum age requirement or points test for this visa.
  • Completed six-monthly surveys issued by Immigration SA during the four-year provisional visa term.
  • Meet the benefit to state requirement of your selected investment option 1, 2 or 3. 

Investment Option 1 State Government Bonds

  • Invest a minimum AUD $1 million in South Australian Government Financing Authority (“SAFA”) bonds each year for four years, either by:
  • purchasing SAFA retail bonds directly from SAFA;

or

  • investing directly in an ASIC  regulated managed fund which has a mandate for investing its funds solely in SAFA wholesale bonds, or if not solely, the regulated managed fund can demonstrate the minimum AUD $1 million investment in the SAFA wholesale bonds for the required period of four years.

Invest the remaining AUD $4 million for four years into any DIBP qualifying investment.

Investment Option 2: South Australian Propriety Company

  • An average of AUD $3 million invested in a South Australian business(es) for two years out of the four and the remainder invested according to DIBP requirements.

Investment Option 3: SA Relationship

  • Invest AUD $5 million for four years into any DIBP qualify investment and meet one of the following requirements:
    • Purchased residential property in South Australia to minimum value of AUD $500,000
    • Have one of your children reside and be educated in South Australia for two years out of the four.
    • Become a member of an approved ‘local organisation’ for three of the four years and attend six meetings or events.

 

Before you apply

You need to provide documents in your state nomination application to prove the claims you make. Use this checklist to make sure your application is complete before you apply.  The documentation required will vary depending on your 888 stream. 

For all streams you will need:

  • Completed and signed Form 1414 (nomination form required by DIBP at visa application stage)
  • Copy of the personal details page in your passport.
  • Copy of the personal details page in your passport.
  • Registered business name certificate *
  • Australian Business register certificate *
  • Certificate of registration of a company for the business (if applicable) *
  • An ASIC report and any other documents which show ownership or a percentage share in South Australia businesses*
  • Purchase contract if business purchased
  • Evidence of residency specified for last 8 quarters (dates outlined) *
  • Previous 8 Business activity statements (BAS) *
  • Evidence of amount and ownership of funds (Financial capacity)
  • Assets/Liabilities
  • Value of Family home
  • Value of Investment Properties
  • Net Value of Business Assets
  • Value of motor vehicles
  • Cash in bank
  • Shares
  • Home Loan
  • Investment property
  • Personal loan
  • Other  evidence of debt
  • Benefit to State
  • Evidence of exporting activity
  • Evidence of significant amount of capital injected into the business
  • Evidence of employment

* mandatory documents for each business provided

  • Evidence of residency specified for 8 quarters (dates outlined)
  • Copy of your SAFA bond certificate relevant for your age (AUD $1,500,000 if you were under 55 and AUD $5,000,000 if you were over 55 at the time of your provisional visa grant)
  • If your bonds have matured, provide detailed plans for investing the AUD$1,500,000 in business or investments in South Australia.

Investment Option 1: State Government Bonds

Investment in SAFA Retail Bonds: 

  • SAFA bond issue certificate showing a minimum of AUD $1,000,000 each year over four years.

Investment directly in an ASIC Regulated Managed Fund: 

  • Copies of completed and signed  DIBP Form 1413 declaration in relation to managed funds in relation to the investment;
  • Statement(s) from the provider of the managed fund  on the fund provider’s letterhead must include:
    • the main applicant’s name, address, statement date,
    • the name of the fund and fund manager (together with relevant licence numbers),
    • statement of investment objectives of the fund (to be consistent with  the requisite SAFA wholesale bond component); and
    • details of amount and term of investment in the managed fund (consistent with SA State nomination requirements)

Investment Option 2: South Australian Propriety Company

  • Evidence of an average AUD$3,000,000 investment in South Australian business(es) over any two of the four previous years. This includes:
    • An ASIC report and any other documents which show ownership or a percentage share in South Australia businesses.
    • Business-related information such as ABN, ACN (if applicable), business address, business and trading names, and length of investment.
    • Registered business name certificate
    • Australian Business register certificate
    • Certificate of registration of a company for the business (if applicable)
    • Copy of contracts for each business (if not 100% owned) showing amounts invested, proposed returns and how the capital is being used.
    • Evidence of business being conducted in South Australia by each company (if more than one) i.e. BAS statement or financial report
  • Information about the remaining funds invested during the four-year provisional visa, including dates, investment type and location (state in which the investment was undertaken).

Investment Option 3: SA Relationship

  • Evidence you have held the complying investment of AUD $5,000,000 continuously for at least 4 years.
  • Information on the investment is if it was undertaken in South Australia.
  • Evidence for the relevant investment option you selected
    • Option 1: Evidence of residential property purchase
    • Option 2: Evidence of a child having been educated in South Australia for at least 2 out of the last 4 years
    • Option 3: Evidence of membership with a ‘local organisation’  and attendance at six meetings or events over the past 4 years.

Benefit to State Option 1: Complying Investment materially benefitting South Australian economy

  • A letter from the fund manager detailing the South Australian projects or assets in which funds were invested; or, confirming that the funds were managed from South Australia to include identification of individual fund manager(s)

If you have changed your complying investments during the provisional visa period, please ensure to include evidence of all complying investments held.

Benefit to State Option 2:  Commitment to Live and/or Invest in South Australia

Examples of supporting documentation that might be considered include:

  • Purchase and shipping documentation
  • Evidence of additional investment activity
  • Property ownership evidence
  • Rental documentation or receipts from hotels used in South Australia
  • Evidence of enrolment for education of children in South Australia
  • Evidence of employment for spouse or children
  • Membership with a local organisation and regular attendance at meetings or events
  • A written statement clearly explaining the applicant’s commitment to South Australia.

The above examples are not exhaustive and may be considered on a collective basis.

How to apply

  1. Check the Department of Immigration and Border Protection’s (DIBP) visa conditions to ensure you meet the eligibility criteria.
  2. Ensure you meet the eligibility criteria for state nomination in South Australia.
  3. Submit an online application for state nomination.
  4. If you are approved for state nomination, you will receive a State Government signed copy of the Form 1414. You will need to include this in your visa application to DIBP to be eligible to apply for the 888 visa. This visa application must be received by the correct DIBP office, before your provisional 188 visa expires.

More info

  • Immigration SA can approve an application to DIBP for a two-year extension to your Business Innovation 188 visa if it meets the benefit-to-state criteria. Applications for extensions will be assessed on a case by case basis.