South Australia immigration: choose the right nomination or review route

Which decision or application are you dealing with?

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An SA state-nomination refusal is not the same as a Home Affairs employer-nomination decision listed on the ART website. Read who made the decision and under what power.

SA nomination: current intake and the steps before a visa

The 22 October 2026 programme update says onshore ROI is open for people living AND working in South Australia whose current visas are due to expire by 31 January 2027. Offshore applicants may continue to lodge a SkillSelect EOI and must not submit an ROI. All candidates need a current EOI. Meeting this intake description does not establish occupation, stream or visa eligibility, or guarantee an invitation.

Subclass 190 is a permanent visa pathway; subclass 491 is provisional. Nomination and the Commonwealth visa criteria both matter. A possible later permanent-residence pathway is not an automatic entitlement after time passes. This guide does not calculate points or decide whether a particular occupation or visa fits your circumstances.

Follow SA’s stage-by-stage application instructions: check eligibility and documents, keep the EOI correct, submit an ROI only where required, and apply for nomination only after an invitation. An invitation has its own due date. The terms separately say a saved application must be submitted within 14 days of creation, required payment must be made within 48 hours of submission, and an approved nomination offer lasts 60 days for the visa application. These are separate clocks, not one universal 14-day invitation deadline.

Read the document checklist for your actual stage. ROI and full nomination do not require the same uploads. Prepare the requested visa, CV and employment evidence; full nomination can require skills, English, qualifications, pay, superannuation and residence evidence. Provide required translations. The submitted application locks, and missing documents may cause refusal. Do not assume you can upload the missing material later.

Under the SA application terms, an administrative-error review must be requested by email with grounds within 14 calendar days of refusal notification. Review is not offered merely because the applicant omitted documents, made mistakes or failed the criteria. Use the official contact arrangements and retain the request. A new application is a different option, with current eligibility and fees; a “Not Invited” ROI also has a stated three-month wait before another ROI.

Check the decision type and the date trigger

The Migration Act and Migration Regulations determine which decisions and people qualify for review. The letter is essential, but the correct legal notification date can differ from when you opened an email. Get the whole letter and evidence of notification checked promptly. The selected routes below are not a calculator for every visa or citizenship decision.

For Part 5 review, sections 338, 338A and 347 and regulation 4.13 contain reviewability, applicant and time requirements. For certain character decisions, section 500 has a different rule. The ART’s immigration and citizenship guide separates these categories. A request for legal help or fee relief does not itself lodge a valid review or extend time.

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If time may already have expired, seek urgent advice rather than assuming every route is lost or every deadline can be extended. An ART review, court application and request for an interim order are different steps.

Character cancellation and detention need their own assessment

A conviction can affect a visa, but “12 months means automatic cancellation” is incomplete. Section 501 has several character-test and decision-making branches. Mandatory section 501(3A) cancellation requires its specified character ground and full-time custodial service; discretionary powers are different. Give the adviser the exact sentence, current custody status, complete history and decision. Do not assume a suspended sentence, a non-conviction outcome or an old offence answers the immigration question.

If the notice concerns mandatory cancellation, the first question is whether to make timely revocation representations under section 501CA. A later delegate decision not to revoke may have a different review route and clock. A decision made personally by the Minister is different again. Preserve every notice and representation rather than relying on the word “appeal”.

Section 256 provides, on request, reasonable facilities for obtaining legal advice or taking relevant legal proceedings for a detained person. It does not promise immediate free representation or release. Ask for access to advice and an interpreter where needed, and identify any removal notice. Officials can have statutory information powers, including section 257; do not follow a blanket instruction to refuse all questions or documents. Get advice about the actual requirement and any safeguards.

Attend hearings and comply with directions unless excused. If attendance, language, disability or detention arrangements cause difficulty, contact the tribunal, court or legal service promptly. A request for help is not confirmation that an order or deadline has changed.

Can you stay, work or make another application?

Check the visa grant notice and Home Affairs VEVO information for the visa currently in effect and its conditions. A nomination, EOI, ROI, review or court proceeding does not by itself grant work rights or a bridging visa. A bridging visa may have its own commencement and work conditions. Check the actual grant and current status, especially after a refusal or cancellation.

If the visa has expired or been cancelled, seek prompt advice about lawful status and available steps. A further application may be restricted, including by section 48 in some onshore cases. There is no universal assurance that lodging another application fixes an overstay, and no single exclusion period that applies to every case.

Partner, family-sponsored, employer-sponsored, student and protection pathways have different requirements. SA skilled nomination is not a substitute for those criteria. Protection claims and family-violence issues require careful individual advice; do not use a general pathway comparison to disclose less than a form or lawful request requires.

A successful review may require another decision or further processing. Confirm whether a visa is actually in effect and what conditions apply before relying on the outcome for work, travel or continued stay.

Adelaide court review: legality, filing and urgent orders

The Federal Circuit and Family Court of Australia (Division 2) can review certain migration decisions for jurisdictional error. It does not conduct a fresh merits assessment simply because the decision seems unfair. Sections 476 and 476A allocate jurisdiction: specified ART character decisions under section 500 and some personal Minister decisions are outside the ordinary FCFCOA route. Obtain advice about the correct court.

The court application guide calls for an Originating Application — Migration Act, an affidavit, the decision and reasons, and relevant evidence. Identify the alleged jurisdictional error. The current Migration Practice Direction MIG-CPD, updated 31 August 2026, requires service on each respondent within seven days after filing. Follow the current direction, rules and case orders; the older guide’s five-days-before-hearing description is not a complete filing-to-service timetable.

For an urgent originating application, the direction requires the “Urgent” box in eLodgment and a supporting affidavit explaining urgency, plus prompt notification to the Migration Team at migration@fcfcoa.gov.au and the filing registry. Outside business hours, contact the duty registrar through the court’s published number. If electronic filing is not possible, ask the registry about the urgent filing arrangements.

Adelaide’s general federal law registry is at the Roma Mitchell Commonwealth Law Courts Building, 3 Angas Street. The official registry page gives 1300 352 000 for enquiries and urgent after-hours applications. Registry staff explain procedure; they do not decide your legal grounds. Court proceedings or a consultation do not automatically stop removal. Any interim protection or other order requires the appropriate legal process and court decision.

Compare the official fees and ask about the right relief

These selected Australian-dollar fees were checked for 2026–27. The ART fee guide distinguishes migration, protection and standard reviews; the court fee schedule is separate. Legal fees, other court events and a possible costs order are additional questions. A fee reduction is not an extension of the application deadline.

SA’s skilled nomination table lists no ROI fee and lists a nomination fee separately. The terms also specify GST for onshore applicants and a payment surcharge. Check the actual amount payable before submission; do not treat a headline nomination fee as an all-inclusive visa or legal-service price.

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For hardship requests, prepare the required income, expense, bank and concession evidence. ART and court fee-relief processes differ. Court fee exemption does not itself protect you from an adverse party-costs order.

Prepare the right documents before seeking advice

1. Keep the complete decision and reasons, all notification emails or envelopes, invitation and removal notices, and the dates of sending and receipt. Record the decision-maker and provision.
2. Collect the passport, current and previous visa grants, VEVO conditions, application and review receipts, and a short chronology. Record where you were and whether you were detained when notified.
3. For SA nomination, identify the current stream, EOI ID and invitation due date. Check the actual stage’s document list before collecting or uploading material.
4. Prepare the requested skills, English, qualifications, CV, employer duties/hours/pay/location/dates, payslips, superannuation and residence evidence. Keep valid originals and required translations.
5. For a character issue, gather the charge and sentencing documents, custody information, complete relevant history and earlier cancellation/revocation material. Do not rely on a sentence label alone.
6. List the earliest filing, payment, service, hearing and visa-expiry dates. Tell the service about detention, removal risk, interpreter needs or any immediate difficulty accessing documents.
7. Ask what the adviser will do, by when, what the fee covers, and whether any urgent filing has actually been accepted. Confirm the secure way to supply your documents and retain your own copies.

Do not postpone an urgent deadline while assembling a perfect file. This checklist helps organise an enquiry; it is not a substitute for the current form requirements or individual legal advice.

Official help and free legal information

Free advice, funded representation and registry information have different scopes. Contact services early and confirm eligibility, capacity and what action they will actually take.

South Australia immigration questions

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