Archived FAQs for GTI and NIV – subclass 858

The Subclass 858 visa is being renamed from Global Talent to National Innovation Visa, with substantive changes to the programme.

All National Innovation Visa applications will require an invitation, and applicants must lodge within the timeframe specified in that invitation – this was not previously a mandatory requirement under the Subclass 858 (Global Talent) stream. With only a limited number of grants available, the new requirement creates a single, exclusive and streamlined pathway for a relatively small number of highly talented individuals in sectors of national importance to Australia.

The applicant must produce the same internationally recognised record of exceptional and outstanding achievement in their area as stated in their invitation – the assessment will require claims of achievements in the application to be consistent and aligned with those in the expression of interest. Reading between the lines, the National Innovation Visa will be more selective, more exclusive and has a smaller quota.

Following our consultation with the Department, the position is:

(1) the National Innovation Visa will be introduced towards the end of 2024 (exact date yet to be announced);
(2) clients who have received an EOI invite under the existing programme can continue to lodge their visa application without impact, with processing guided by ongoing migration planning levels;
(3) the Department is finalising a transitional arrangement that will apply to processing of Global Talent Visa EOIs submitted but not yet decided when the new programme commences; and
(4) the Department will announce the details of the transitional arrangement towards the end of the year.

It appears the Department will not simply discard pending GTI EOIs, which gives some comfort to exceptionally talented candidates who have yet to lodge an EOI but still wish to do so.

The 2023-24 permanent Migration Program is set at 190,000 places, with 137,100 in the Skill stream.

The Global Talent visa programme has been allocated 5,000 places for 2023-24. The GTI programme offers direct permanent residency and does not depend on a points test, skilled occupation list or State or Territory nomination.

However, the threshold to be invited to apply for the GTI is much higher than the GSM programme. It may be the only pathway for very senior technical leaders, executives or entrepreneurs in target sectors who are over 45.

Although the GTI age limit is 55, candidates who can provide strong evidence of actual or potential extraordinary contribution to Australia may still be granted a Global Talent visa over that age.

We have helped highly skilled migrants secure the Global Talent visa who thought they were only eligible for business skilled migration or employer nominated programmes.

Both streams sit within Class BX, Subclass 858. The main difference is Direction 89, which gives highest priority to applications in target sectors (or related sectors) where:

– there is written communication from an Australian employer offering employment with an annual salary at or above the Fair Work High Income Threshold (FWHIT);
– the primary applicant currently earns at or above the FWHIT; or
– there is evidence the applicant is likely to attract a salary at or above the FWHIT.

Applications meeting these criteria receive priority processing under the Global Talent stream. Applications outside these criteria fall under the Distinguished Talent stream and would generally exceed 12 months processing.

The Global Talent stream also requires an invitation following an online EOI. Without that invitation, the application is not prioritised under Direction 89 and will be processed as Distinguished Talent.

Apply under Distinguished Talent if your achievements cannot be aligned with a target sector (e.g. arts, sports, academia), or if your earnings are far under the FWHIT and you cannot demonstrate the capacity to reach it.

A key benefit of a visa granted under the Distinguished Talent stream is access to the special residence requirement for Australian citizenship – 4 years on a valid visa, at least 480 days in Australia during that time, and 120 days as a permanent resident in Australia in the year before applying.

Direction 100 (October 2022) is the current policy on prioritising skilled visa processing. Applications are processed in this order:

(1) visa applications in a healthcare or teaching occupation;
(2) for employer sponsored visas, applications nominated by an Approved sponsor with Accredited Status;
(3) applications for occupations in designated regional areas;
(4) for permanent and provisional subclasses, applications counting towards the migration program (excluding Subclass 188); and
(5) all other visa applications. The Global Talent visa has effectively been pushed further down the priority list.

Since October 2022, GTI processing has taken over 6 months, although still relatively quick compared to other permanent programmes. To keep your application moving, upload all documents at the time of lodgement, including all police checks, so the Department does not need to come back to you for further information.

The quota has been substantially reduced, dropping from 15,000 places to 5,000 places. We speculate the Department has reviewed the number of grants and how many grantees have actually migrated and are onshore – perhaps the onshore figures have been disappointing.

Whatever the rationale, the practical effect is that only the more, or most, exceptional and truly outstanding candidates will be invited. The programme will become increasingly competitive, and the level of evidence required to substantiate international achievements will rise.

Although Direction 100 means GTI applications are no longer fast-tracked, our view is that once a candidate has received an invitation, there is still a very strong chance of a grant, provided they can demonstrate their achievements remain prominent and current at the time of processing.

From the EOIs we see come to us after a non-invite, the recurring issues are:

(1) Not enough evidence of global project work where international clients are claimed – confidentiality is a real constraint, but with effort there is almost always evidence that does not compromise the project.

(2) Too many client testimonies, recommendation letters or employment references that look templated – 2 to 3 strong references beat 10 that read as if drafted by one person. Case officers may call referees to verify, so the referee must understand what they are signing.

(3) Insufficient evidence to demonstrate an international record of outstanding and exceptional achievement – put yourself in the case officer’s shoes when selecting documents and ask whether each piece paints a clear picture of how you meet the criteria.

(4) Form 1000 not completed in enough detail to highlight the candidate’s strengths – it should clearly and concisely highlight key achievements recognised internationally, and address what you can bring to the Australian industry.

(5) Generic statements about common skills rather than specific evidence – research the Australian environment relevant to your industry and articulate exactly how your skillset fits in and what you can contribute.

Despite a change in the political party leading the government, the overall direction of the migration programme is unlikely to change for at least the next migration programme year, because the planning level was set before the federal election.

Industry groups including the Business Council of Australia and the Australian Chamber of Commerce and Industry have been calling for a temporary increase in the permanent migration intake to address skills shortages, and incoming Treasurer Dr Jim Chalmers has noted both training Australians and migration as parts of the solution.

Given the tendency for Australian migration policy to shift, suitably qualified candidates should apply at the earliest opportunity to secure the visa.

Priority allocation is no guarantee of an invitation, but it is increasingly important given the standard 12-14 month wait for an EOI to be assessed and the reduced quota.

Priority allocation is endorsed by a Global Talent Officer (GTO), whose role is to attract high-calibre candidates and promote the programme. The GTO is not the decision-maker on the EOI – they only endorse the EOI to be assessed ahead of others in the queue.

To be considered for priority processing, candidates typically demonstrate a combination of: belonging to the ‘exceptional candidates’ group as outlined on the Department’s website; nomination (Form 1000) from an Australian organisation, citizen or permanent resident with an undisputed exceptional reputation in the same area of expertise; very high salary (compared to the local market and to Australian standards); and/or a genuine offer of employment with a reputable Australian business in the area of expertise at or above the FWHIT.

When approaching a GTO, provide a curated set of documents that showcase key achievements and explain why you are exceptional. If endorsed, lodge the EOI promptly with the GTO’s name and the full suite of supporting evidence.

Several changes commenced on 14 November 2020: the offshore Subclass 124 Distinguished Talent Visa was deleted; the BX-858 visa was renamed the Global Talent Visa; the visa can now be granted whether the applicant is onshore or offshore (provided they are not in immigration clearance); and, most importantly, the health criteria changed from PIC 4005 to PIC 4007.

PIC 4005 has no waiver – if a Medical Officer of the Commonwealth lawfully forms the opinion that a condition would result in significant cost or prejudice access, the visa must be refused. PIC 4007 gives the Minister or Delegate a discretionary power to grant the visa despite significant costs or prejudice, where they are satisfied the costs or prejudice are not undue.

Because the changes only apply to applications lodged on or after 14 November 2020, the AAT cannot substitute PIC 4005 with PIC 4007 – it must affirm the refusal if the MOC opinion was lawful. The AAT may refer the refusal to the Minister for personal intervention, but that power is exercised only where the Minister considers it in the public interest.

Whether to pursue an AAT/Ministerial Intervention pathway or lodge a fresh application to access PIC 4007 depends on factors including current eligibility for the visa, any change in the health condition, and the strength of circumstances that reduce costs to or increase benefits for the Australian community.

We have seen a marked increase in nominators being contacted by the Department, primarily to verify they know the candidate and that they signed Form 1000.

The Department is keen to understand how the nominator was able to assess the candidate’s international record of achievement, how they are an asset to Australia, and their ability to self-establish in their nominated area of expertise.

We are aware of conversations lasting over 45 minutes, although the average is around 15-20 minutes. We advise nominators to answer candidly and truthfully, while keeping in mind that they are also advocating for the individual they have endorsed. The Department’s verification process supports the integrity of the programme.

Yes. Direction 89 added education, tourism and circular economy as target sectors for priority processing. It also broadened MedTech into Health Industries more generally and added Financial Services alongside FinTech. Quantum Information, Advanced Digital, Data Science and ICT have been grouped and expanded into DigiTech. Circular economy is defined by the Ellen MacArthur Foundation as being based on the principles of designing out waste and pollution, keeping products and materials in use, and regenerating natural systems.

An EOI for the GTI programme is not a visa application. There is no legislative or policy obligation for Global Talent Officers to provide specific reasons for a non-invite, and there are no review rights – only generic reasons are given (that the information does not meet the GTI criteria).

We encourage candidates to resubmit only if circumstances have genuinely changed, or if new evidence is available to substantiate claims. Resubmitting the same EOI with the same evidence is unlikely to change the result. In limited circumstances, you may lodge a Subclass 858 visa application without a Unique Identifier, but you must meet the legislative requirements for the visa under normal circumstances (i.e. outside the GTI programme).

Yes. There is no legislative requirement that the nominator named in the EOI must be the same person or organisation that completes Form 1000 at the visa application stage, provided the nominator at lodgement meets the requirements.

For example, a candidate may have listed ACS as nominator at EOI stage without fully understanding the ACS nomination process, then been refused by ACS – that candidate can still secure a different eligible nominator who completes Form 1000 for the visa application.

If you are studying or working in a key industry sector, it is worth assessing your eligibility for the Global Talent pathway, particularly if you are onshore on a bridging visa.

The Government has reduced the points-tested GSM quota by around 80% (to roughly 10,000 places) and from 31 August 2020 introduced priority arrangements.

The order of priority is: (1) any points-tested subclass where the applicant has an occupation in a Critical Sector; (2) Subclass 491 (non-Critical) – applicants in Australia; (3) Subclass 491 (non-Critical) – applicants outside Australia; (4) Subclass 489 (non-Critical); (5) Subclass 190 (non-Critical); and (6) Subclass 189 (non-Critical).

These priorities apply to applications lodged on or after 31 August 2020 and to existing unfinalised applications, including those in final stages. General GSM processing currently runs between 9 and 19 months.

No. You should not lodge a fresh EOI via the Global Contact Form if you already have one unfinalised. The Global Talent team is experiencing significant delays due to the volume of EOIs and the popularity of the programme. Wait until you receive an outcome – the team will email you to notify you. Submitting duplicates only adds to the queue.

If you are onshore at the time of application, you must hold an eligible substantive visa. If you hold a bridging visa, your last substantive visa must have been an eligible visa, and it must not have expired more than 28 days before the 858 application is lodged. The onshore Subclass 858 visa is also subject to various Schedule 3 requirements, and there is no legislative provision for a Schedule 3 waiver. These issues need to be considered before lodgement, not afterwards.

Many candidates struggle to secure a nomination from the Australian Computer Society. As the skills assessing body for most ICT occupations under the general skilled migration programme, ACS receives thousands of applications from ICT professionals and is harder to impress when it comes to a sustained international record of exceptional and outstanding achievement. ACS will not nominate you simply because you have received an invitation from the Department of Home Affairs. In many cases, it is more practical to seek endorsement from a suitably qualified Australian ICT professional than to pursue ACS nomination.

No. The nominator simply provides their professional, subjective assessment of: (1) the candidate’s record of achievements; (2) whether those achievements are current and prominent; and (3) whether the candidate would be an asset to Australia. There is no personal liability on the nominator. They are not offering employment (unless that is in fact the case) and they do not guarantee that the applicant will contribute to Australia in any particular way. It is, however, important that the nominator’s area of expertise relates to the visa applicant’s claimed area of expertise.

The Departmental Procedural Instructions treat Form 1000 as an at-the-time-of-visa-application requirement – without it, the visa application is invalid. It is not a strict EOI requirement, so legally you do not have to provide it at the EOI stage. However, securing a nomination is a strong indicator to the decision maker that the candidate meets the international record of achievements, current prominence, and asset-to-Australia criteria. Decision makers are not experts in the candidate’s claimed field, so endorsement from an Australian expert in that same field carries significant weight. We strongly recommend including Form 1000 with the EOI submission even though it is not legally required at that stage.

There is no occupation list for the Global Talent visa. A common misconception – particularly among Subclass 482 holders nominated under medium-long term ICT occupations – is that having worked for a large international company in an ICT-related role qualifies them for the Global Talent visa. It does not. The occupation field on the visa application form appears to be for data collection only and is not tied to the grant criteria. The programme is intended to attract candidates with a sustained international record of achievement in a target sector. Senior work experience at an international company, on its own, may not satisfy that criterion, and the threshold continues to rise as competition intensifies.

Processing time depends on several factors: (1) where the candidate is located – onshore candidates are typically processed faster than offshore; (2) the claimed area of expertise – some target sectors (e.g. FinTech, MedTech) have at times been further prioritised within the GTI programme; and (3) how well prepared the EOI is – a well-documented EOI that addresses the sustained international record of achievement criterion lets the delegate decide without raising a Request for Information. RFI responses can also be returned to the queue before being reconsidered, so addressing the criteria upfront avoids delay.

The law requires the visa applicant to be endorsed by an Australian citizen, permanent resident or eligible New Zealand citizen with a national reputation in the same area of expertise. The nomination is made on Form 1000, which must accompany the visa application – if it is not received at lodgement, the application is invalid and can be refused. Only one nomination is required. Any others can be reference letters and do not need to be from Australian citizens or permanent residents. While not strictly required at the EOI stage, an endorsement evidenced by Form 1000 is a strong signal to the assessor that you are considered high-calibre by an Australian expert in your claimed area of expertise.

If you are in Australia at grant, you become an Australian permanent resident. If you are outside Australia, you and any other visa holders should make the initial entry to activate permanent residency by the ‘first entry’ date noted on the grant letter – the Department has shown some flexibility around COVID-19 disruptions, but it is prudent to contact the visa processing area if entry by that date is not possible. A child born onshore to an Australian permanent resident parent acquires Australian citizenship by birth. A child born offshore to a permanent resident parent must apply through a Subclass 101 child visa. A 124/858 holder is eligible to apply for Australian citizenship after meeting the residence and character requirements – health is not reconsidered at the citizenship stage. A child born offshore to an Australian citizen parent can apply for citizenship by descent.

EOI processing time depends on: (1) the candidate’s location – onshore candidates usually move faster; (2) the target sector; (3) whether the credentials have a clear ‘wow’ factor; (4) any reason for urgency; and (5) the quality of the EOI – whether the delegate can decide without an RFI. We have had EOIs decided within three business days of submission, while others lodged earlier are still awaiting outcome. Given the popularity of the programme and the quota, the Department paces invitations across the programme year rather than granting the lot up front.

The Global Talent Independent visa is a direct, one-stop pathway to Australian permanent residency and has at times sat under the Minister’s directive for priority processing. Unlike the General Skilled, Employer Sponsored or Business Investment streams, there is no points test, no skills assessment, and no mandatory English or work experience requirement. For eligible candidates, that combination makes it the quickest and most efficient route to Australian PR.

Current earnings are only one indicator of your earning potential. Where current salary is below the threshold, the case is built around realistic potential to reach the FWHIT – for example, a credible job offer at or above threshold, evidence of market rates for someone with your specific credentials, or projected remuneration based on the role you would step into in Australia.

There are no public statistics on the volume of EOIs received, but given the Department’s promotion of the programme and the time EOIs are taking to assess, the volume is clearly increasing. Currently, EOIs can be expected to be allocated to a delegate within around 4 months of submission. A well-documented EOI supported by strong evidence is essential – a thin EOI risks being refused outright, with no specific reasons and no review rights.

Yes. If you fall short of the Global Talent stream requirements but may still meet the regular Distinguished Talent visa criteria, that determination should be made on a case-by-case basis. The eligibility assessment looks at your achievements, prominence, asset to Australia, ability to self-establish, and the availability of an eligible nominator with national reputation in your field.