Skilled and Business Migration South Australia (SA) has announced the reopening of its skilled nomination program.
Areas of focus for SA nomination are the following:
- Talent and Innovators Program – this is targeted to highly skilled migrants who can contribute to South Australia’s priority growth industry sectors. Nominations can be made under one of five streams, being employment, outer regional South Australia workforce, start up and small business, high performing graduate, and the independent talent stream;
- Currently working in South Australia (including long-term residents in SA) – applicants who are living and working in outer regional South Australia, or are long-term residents living and working in SA, may be eligible for concessions to the skilled work experience requirements;
- International Graduates of South Australia – SA graduates must be currently working in their nominated or closely related occupation for the last 3 months in South Australia (post-course completion), unless specified differently for the relevant occupation;
- Offshore Registration of Interest – Critical Skills – specific trade and health occupations are available to offshore applicants, who must submit a Registration of Interest (ROI) application if they meet the published requirements for their occupation.
Which Visas Can You Apply For Under State Nomination?
Applicants may be nominated in SA for one of the following visas:
- Subclass 491 Skilled Work Regional (Provisional) visa; or
- Subclass 190 Skilled (Nominated) visa.
The Subclass 491 Skilled Work Regional (Provisional) visa is a provisional visa which provides a pathway to permanent residence with the Subclass 191 Permanent Residence (Skilled Regional) visa after three years if you meet certain criteria at that time. This visa requires you to live and work in a designated regional area of Australia.
The Subclass 190 Skilled (Nominated) visa is a permanent residence state sponsored visa.
Note that specific requirements apply to each of the above visa subclasses for SA state nomination.
SA Nomination Requirements
To qualify for SA nomination, applicants must meet the following state nomination requirements (be aware that the below discussion provides an overview only. Detailed requirements apply (which determine which visa subclass you may be eligible for) and can be accessed on the Skilled and Business Migration SA website.
Residency
Applicants must have a genuine interest and intention to live and work in South Australia, with a view to long-term settlement.
For applicants who are in Australia but not currently residing in South Australia, they can only apply through the Talent & Innovators – Employment stream.
Applicants who are currently residing offshore should check South Australia’s Skilled Occupation List (SOL) to confirm if their occupation is available to offshore applicants. Eligible offshore applicants must submit a ROI application.
Age
You must be aged under 45 at time of nomination to qualify.
Occupation
Your occupation must be included in South Australia’s SOL and you must meet the eligibility requirements for that occupation.
Skills Assessment
You must have a positive skills assessment for your nominated occupation from the prescribed skills assessing authority for your occupation.
Work experience
You must meet the work experience requirements as prescribed for your occupation.
Skilled work experience (must be post-course completion) is classified as being a minimum of 20 hours per week (or 40 hours per fortnight) of paid employment in your nominated or closely related occupation. Concessions are available in certain circumstances (i.e. if you are currently working in outer regional South Australia, or you are a long-term resident of South Australia, or for specified occupations).
Applicants who are already working in South Australia and South Australian graduates may be eligible for exemptions or waivers to the work experience requirement.
The position must also be paid at the appropriate rate for the skill level.
English
You must meet the minimum English language requirement as prescribed for your nominated occupation.
In some cases, the minimum English language competency level as prescribed for state nomination may be higher than Immigration requirements.
If your occupation requires registration or licensing in South Australia, you must meet the English requirement as set by the registration or licensing authority to work in South Australia.
If you are currently working in a skilled occupation in South Australia, you must demonstrate at least competent English (unless your nominated occupation requires registration or licensing to practice in South Australia)
Passport holders or citizens of the US, UK, Ireland, Canada and New Zealand do not need to provide an English test result.
Points
You must meet the minimum points requirement as specified for your nominated occupation (including state nomination points).
You will be granted an additional 5 points if you are nominated for a Subclass 190 Skilled (Nominated) visa, and 15 points if you are nominated for a Subclass 491 Skilled Work Regional (Provisional) visa.
Priority Streams
Skilled and Business Migration SA’s skilled migration program is currently focusing on the following.
Priority Stream 1: Talent And Innovators program
This program aims to attract highly skilled migrants who can contribute to South Australia’s critical priority growth industry sectors.
Eligible applicants can be nominated under one of the following streams:
- Employment – for highly skilled migrants who are working for South Australian businesses;
- Outer regional South Australia – for skilled applicants working for outer regional South Australian businesses (and do not qualify to apply directly for state nomination but wish to provide a submission for consideration);
- Start up and small business – for entrepreneurial skilled migrants who have started their own business in South Australia;
- High performing graduate – for high performing graduates who have completed their qualification at a South Australian higher education institution;
- Independent talent – for high calibre applicants seeking state nomination.
All occupations on the SA SOL can be nominated under this program. To be successful, applicants must demonstrate how they bring new ideas, skills and innovation to South Australia and can create local employment.
Applicants must first submit a ROI online to Skilled and Business Migration SA. Successful applicants will be invited to apply for state nomination.
The Talent and Innovators program is not available to applicants applying from offshore.
The Employment stream is available to applicants in Australia. All other Talent and Innovator streams are only available to applicants who reside in South Australia.
Priority Stream 2: Currently Working In South Australia (Including Long-term Residents Of SA)
Eligibility under this priority area will depend on:
- How long you have been residing and working in South Australia;
- Your nominated occupation;
- If you are living and working in outer regional South Australia.
Priority Stream 3: Graduates Of South Australia
To be eligible under this priority area, SA graduates must be currently working in their nominated or closely related occupation for the last 3 months in South Australia (post-course completion), unless specified otherwise for the selected nominated occupation.
Waivers to the skilled work experience requirements are available in certain circumstances.
Priority Stream 4: Offshore Registration Of Interest – Critical Skills
Under this category, applicants need to check the SA SOL for information on availability to offshore applicants.
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Note that the above provides a summary of the SA nomination requirements to qualify for a skilled migration visa. As noted, you must also meet immigration requirements to qualify. You can learn more about these requirements, the key points to be aware of and find links to further information in our Australian Skilled Migration Visa List article.
Other SA State Nomination Programs
Applicants may also consider an employer sponsorship, business visa or entrepreneur visa in South Australia.
Employer Sponsored Visas
The employer sponsored visa program enables local South Australian businesses to sponsor overseas workers where they have been unable to fill a skilled position in the local employment market.
The following visa pathways are available to local South Australian businesses to sponsor suitably skilled overseas workers:
- Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa;
- Subclass 482 Temporary Skill Shortage visa.
The Subclass 494 Employer Sponsored Stream enables eligible employers to sponsor a skilled overseas workers. As part of the employer endorsement application process to the Department of Home Affairs (the Department), the employer must seek advice from a Regional Certifying Body (RCB). The Regional Certifying Body in South Australia is Skilled and Business Migration SA .
Alternatively, under the South Australia Designated Area Migration Agreement (DAMA), eligible employers may sponsor overseas workers under the Labour Agreement stream of the Subclass 482 or Subclass 494 visa.
There are currently two South Australian DAMA agreements:
- Adelaide City Technology and Innovation Advancement Agreement; and
- South Australian Regional Workforce Agreement.
Employers in South Australia who would like to sponsor workers under the DAMA must first be endorsed by the South Australian Government (through Skilled and Business Migration SA). If the occupation is listed on the relevant DAMA Occupation List, this may be a pathway that may be used to sponsor overseas workers.
Under the SA DAMA, an endorsed employer may sponsor an agreed number of overseas workers for a Subclass 482 visa under the labour agreement stream.
The initial visa granted to approved overseas workers is a temporary one. Certain DAMA Labour Agreements provide a pathway to permanent residence in Australia under the Subclass 186 Employer Nomination Scheme (ENS) visa programme for certain occupations after a prescribed minimum period, provided the applicant meets the eligibility requirements.
The SA DAMA programme also enables nominations to be made for the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (SESR). This provides a guaranteed pathway to permanent residency through the Subclass 191 Permanent Residence (Skilled Regional) visa.
Detailed SA nomination requirements apply to determine whether you may be eligible for an employer sponsored visa, which can be accessed on the Skilled and Business Migration SA website.
Our Australian Skilled Migration Visa List article also provides more information about these employer sponsored visas, including immigration requirements to qualify, important points to be aware of if you are considering applying for one of these visas and links to further information.
Business Visas
The State nomination program enables the SA government to attract successful business owners and investors to South Australia, with the aim of supporting job creation, business investment and enhance industry capability. All business visas require state government nomination.
To qualify, applicants must meet both state nomination and Immigration requirements.
The following business visa options are available in South Australia:
- Subclass 188 Business Innovation and Investment (Provisional) Visa;
- Subclass 888 Business Innovation and Investment (Permanent) Visa;
- Subclass 892 Business Owner Visa;
- Subclass 893 Investor Visa;
- Subclass 405 Investor Retirement Renewal visa.
Please note that the Subclass 132 Business Talent (Permanent) Visa has been abolished with effect from 1 July 2021.
Subclass 188 Business Innovation And Investment (Provisional) Visa
The Subclass 188 visa program is designed for applicants who are looking to own and manage a business; to conduct business and investment activity; or to undertake an entrepreneurial activity in South Australia.
The following streams are available for nomination in South Australia:
- Business Innovation stream – for successful business owners who are looking to undertake business in South Australia;
- Investor stream – for successful investors or business owners who are seeking to invest and maintain AUD $2.5 million (AUD $3.75 million if aged over 55) into a complying investment fund, which must materially benefit South Australia, for the duration of the visa;
- Significant Investor stream – for applicants who are seeking to benefit South Australia and invest AUD $5 million into a complying investment fund, which must materially benefit South Australia, for the duration of the visa;
- Entrepreneur stream – yet to be advised.
Subclass 888 Business Innovation And Investment (Permanent) Visa
The Subclass 188 provisional visa provides a pathway to permanent residence in Australia via the Subclass 888 Business Innovation and Investment (Permanent) visa, subject to meeting certain requirements.
SA State nomination is available to Subclass 888 visa holders in the Business Innovation, Investor and Significant Investor streams.
You can learn more about the Business Innovation and Investment Visa program in our Comprehensive Guide to a Business Investment Visa article.
Subclass 892 Business Owner Visa
This is permanent residence visa for business owners who already hold one of the following South Australian state-sponsored visas:
- Subclass 163 State/Territory Sponsored Business Owner (Provisional) visa;
- Subclass 164 State/Territory Sponsored Senior Executive (Provisional) visa; or
- Subclass 165 State/Territory Sponsored Investor (Provisional) visa.
Subclass 893 Investor Visa
This is permanent residence visa for investors who already hold a subclass 165 South Australian state-sponsored visa.
Subclass 405 Investor Retirement Renewal visa
This is a temporary visa for people who seek to retire in South Australia. The visa term is four-years.
Update On Business Visa Nomination In South Australia
Skilled and Business Migration SA has provided an update on the Business & Investment Program for the 2021-22 year.
It has announced the following:
Two steps from the application process used in the previous 2020-21 program year have been removed.
These changes mean that the following requirements no longer apply:
- exploratory visit to South Australia; and
- submission of an ‘Intention To Apply’ (ITA) form.
State nomination applications for the Subclass 188 visa will also be assessed in four quarterly periods during the 2021-22 program year.
Indicative dates are as follows:
- Round 1 Assessments: 2 August 2021 – 24 September 2021
- Round 2 Assessments: 25 October 2021 – 17 December 2021
- Round 3 Assessments: 31 January 2022 – 25 March 2022
- Round 4 Assessments: 2 May 2022 – 24 June 2022
Applications for state nomination for the Subclass 188 Business Innovation, Investor & Significant Investor streams are now open.
Applications for the Subclass 188 Entrepreneur stream will open in August, with a further announcement to be made.
Further information is available from Skilled and Business Migration SA in its Business and Investment Program 2021/22 Update.
Entrepreneur Visa
The Subclass 408 Temporary Activity visa is a temporary visa for seed-stage entrepreneurs who seek to develop their business concept in South Australia. it is currently a pilot program, which is due to run until November 2021.
Please be aware that this programme is currently closed to new applications until further notice.
You can learn more about this visa program in our South Australian Entrepreneur Visa article.
Detailed SA nomination requirements apply to determine whether you may be eligible for an entrepreneur visa.
Sources/Links
Skilled and Business Migration South Australia – South Australia’s Skilled Occupation List
https://migration.sa.gov.au/occupation-lists/south-australia-skilled-occupation-list
Australian Investment Council
Skilled and Business Migration South Australia – Business Innovation and Investment Program Update
Skilled and Business Migration South Australia – Skilled and business migration – Business migrants – nomination options
https://www.migration.sa.gov.au/business-migrants/nomination-options
Skilled and Business Migration South Australia – Skilled and business migration – Skilled migrants – nomination options
https://www.migration.sa.gov.au/skilled-migrants/nomination-options
Skilled and Business Migration South Australia – Skilled and business migration – Visa options – Employer sponsored visas
https://www.migration.sa.gov.au/visa-options/employer-sponsored-visas
Skilled and Business Migration South Australia – Skilled and business migration – Local businesses – Overview
https://www.migration.sa.gov.au/local-businesses
