Immigration South Australia

The Significant Business History stream attracts high calibre business owners who have a proven successful business history and want to do business in Australia.

Business owners will live in Australia and have a genuine and realistic commitment to continuously maintain an ownership interest and participate in the daily management of their business.

This is a state-nominated permanent residence visa for business owners and entrepreneurs. 

You have a choice of two streams:

  • Venture Capital Entrepreneurs: people who have obtained at least AUD$1 million in agreed funding from an Australian venture capital firm, which is also an AVCAL member, to develop an innovation to a commercial stage.
  • Significant Business History: high level business owners who want to undertake significant business activity providing either, employment, exports or high level investment.

The subclass 132 visa is valid for five years with future options for additional permanent residency visas or citizenship. 

There is no points test for the subclass 132 visa.

The 132 Significant Business History visa has a Department of Home Affairs review after two years.

Nomination requirements

Business migrants seeking nomination for a Business Talent migrant subclass 132 visa must meet both state and Department of Home Affairs requirements.

State and Australian Government requirements are different for each stream.

Venture Capital Entrepreneurs (VCE)

To meet the South Australian nomination requirements you must:

  1. Meet Department of Home Affairs 132 VCE stream criteria.
  2. Intend to live in South Australia
  3. Have a viable business idea approved for a minimum AUD $1,000,000 from a member of the Australian Private Equity and Venture Capital Association Limited (AVCAL) for a business venture in South Australia. The venture must be of exceptional economic benefit to South Australia with intellectual property to be registered in Australia.
  4. Agree to register your arrival in South Australia with Immigration SA and maintain current contact details for the duration of your visa.

Significant Business History (SBH)

To meet the South Australian nomination requirements you must:

  1. Commitment to South Australia – you need to have visited SA and intend to do business and live in South Australia for your long-term settlement
  2. Benefit to State - Commit to invest in South Australia and meet the benefit to state requirement.
  3. Maintain contact - Agree to register your arrival in South Australia with Immigration SA, maintain current contact details and provide updates online and in person every six months for the duration of your visa.
  4. Meet the Australian Department of Home Affairs visa eligibility criteria for the Business Talent Visa
  5. Meet Achievements within two years - Provide information to Immigration SA to enable a two year review after visa grant. 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. 
  6. SkillSelect Expression of Interest (EOI) – you need to have an EOI which meet the Department of Home Affairs 132 SBH stream criteria and Immigration SA nomination requirements.
Before applying, please review all business nominaton requirements.

 

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 ready before you apply. 

The documentation required will vary depending on your 132 stream.  For all streams you will need:

Venture Capital Entrepreneurs

  • Copy of the personal details page in your passport.
  • Expression of Interest (EOI) reference number from Departent of Home Affairs SkillSelect system.
  • Evidence of AVCAL member approved funding

Significant Business History

  • Copy of the personal details page in your passport.
  • Expression of Interest (EOI) reference number from Department of Home Affairs SkillSelect system.
  • Information on a business plan for your proposed business

Significant Business History - Review

  • Refer to the 132 Review tab above for information on the documentation required for this application.

How to apply

It is recommended you visit South Australia prior to making a decision to invest and apply for State nomination.

  1. Check the Department of Home Affairs visa conditions to ensure you meet the eligibility criteria
  2. Ensure you meet the eligibility criteria for state nomination in South Australia and read the State application terms and conditions
  3. Lodge an expression of interest (EOI) on the Department of Home Affairs SkillSelect website and keep note of the reference number for your state nomination application
  4. Submit an online application for state nomination.
  5. If you are approved for state nomination, you will receive an invitation from the Department of Home Affairs asking you to lodge your visa application within 60 days of nomination.

132 review

The 132 Significant Business History visa has a Department of Home Affairs review after two years.

All state requirement outcomes must be achieved within South Australia and must be met by the two year review stage.  These requirements are:

1. Have met Department of Home Affairs 132 SBH stream criteria.

2. Intend to live in South Australia 

3. Invested in South Australia and met the Benefit To State (BTS) requirement.

4. Provide information to Immigration SA to enable a two year review after visa grant. 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. Registered your arrival in South Australia with Immigration SA and maintained current contact details for the duration of your visa.

Failure to meet the requirements for state nomination may result in a revocation of your 132 visa.

There is no fee for the 132 review.

All documentation related to the review is to be uploaded when completing the 132 review form.

Documentation required for the review will include:

  • Copy of the personal details page in your passport.
  • Completed and signed Department of Home Affairs Monitoring Form 1010 
  • Information on your business outcomes in South Australia over the previous two years
  • Information on how you have met the State nomination requirements
  • Financial reports for your South Australian business.
  • BAS statements
  • Evidence of business activity
  • Business summary
  • Detail on any other business or investment you have undertaken (if applicable)
  • Information on your intention to live in South Australia

1. Department of Home Affairs 132 SBH 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 BTS requirements) 

2.3 Property ownership evidence in South Australia 

2.4 Time spent in South Australia,  rental documentation or receipts from hotels used in South Australia 

2.5 Enrolment of your child(ren) in South Australia education institutions (for example letter from the school stating main applicant has child(ren) attending the school and time period).

2.6 Evidence of your spouse or children (over 18) living or working in South Australia 

2.7 Membership with a local organisation and regular attendance at meetings or events 

3. Invested in South Australia and met the Benefit To State (BTS) requirement

The Benefit to State (BTS) 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 BTS 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.