On 14 May 2024, the Australian Government released the Federal Budget for the 2024/25 year, which included a raft of Immigration-related measures. Notably, it announced that a new National Innovation Visa (NIV) would be released in late-2024, to replace the Global Talent (Subclass 858) visa and the Business Innovation and Investment Program (BIIP).
On 6 December 2024, relevant legislation formally introduced the National Innovation (Subclass 858) visa – retaining very similar legislative criteria as the former Global Talent visa, and even the same subclass number.
The below discusses this visa including how to apply, and what the criteria is.
What is the National Innovation visa?
The National Innovation visa retains broadly the same legislative criteria as the Global Talent visa that it replaces. Namely, that it targets individuals with an “internationally recognised record of exceptional and outstanding achievement” in either:
- A profession;
- A sport;
- The arts; or
- Academia and Research
It also requires the applicant to:
- still be prominent in the area;
- be an asset to the Australian community;
- demonstrate that they’d have no difficulty in obtaining employment (or being established independently) in the area; and
- be nominated by either an Australian individual or organisation with a national reputation in the area.
The NIV will confer immediate permanent residency.
What is the difference between the NIV and the GTI program?
While the vast majority of the legislative criteria has remained the same between the NIV and the former Global Talent visa (and the Global Talent Independent program), there are a few subtle administrative differences, and reframing towards becoming a more niche program.
These are the key differences to us so far:
- an EOI is now valid for 2 years – under the GTI program, the Department would invite (or not invite) every single EOI that was submitted. Under the NIV, it’s unclear if the Department will continue to do this, or as EOIs will now have a 2 year validity period, whether they will continue to invite the candidates they want but leave all the other candidates system for up to 2 years (as opposed to proactively advising them that they’re unsuccessful);
- the EOI form is much more limited – the new NIV EOI asks for less documents and information. Under the old GTI EOIs, you could submit further documents such as a cover letter – the NIV EOI requires you to be more succinct.
- Nominator for EOI not required – under the old system, the Department would not invite you unless you had a nominator (and completed Form 1000). Under the NIV, you do not need a nominator for the EOI stage unless you fall under priority group 2 of course.
- target sectors are narrowed – the target sectors are much more narrow, with a heavier emphasis on technology and innovation within those target sectors. For example, the former GTI target sector of “DigiTech” would not fit under the NIV priority sectors unless it has a sufficient degree of innovation such that it fits the new priority sector of “Critical Technology” (which covers things such as AI, quantum computing, robotics, IoT etc.).
How do I apply for the NIV?
There are two stages to the National Innovation visa, being:
- submission of an Expression of Interest (EOI); and
- apply for the NIV itself (only if invited to apply).
What is the EOI process for the NIV?
An EOI must be submitted on the Department’s website. The EOI is free to submit, and is not considered a visa application.
Your EOI would remain in the system for two years, and the Department will invite candidates based on their set priority order.
What are the NIV priorities?
We’ve explained these in more detail in a separate post, but to summarise, the NIV has four priority groups:
Priority 1 |
Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards, these include (but are not limited to):
|
Priority 2 |
Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency. This may include:
|
Priority 3 |
Candidates with exceptional and outstanding achievements in a Tier One sector:
|
Priority 4 |
Candidates with exceptional and outstanding achievements in a Tier Two sector:
|
Under Direction No 112, there are several listed factors to guide decision makers in considering those who are high calibre talents. These factors are taken to be indicators of exceptional talent in various fields, noting that this is not to be treated as a checklist, and a person’s whole circumstances need to be considered:
- Recipients of national research grants such as: Australian Research Council grants, Department of Education Accelerator grants, or equivalent level grants from other countries (i.e. funding from EU Commission, US National Service Foundation, UK Research and Innovation Grants program etc.)
- PhD holders with high-levels of academic influence or though leadership such as:
- recent publications in top ranked journals, for example Nature, Lancet or Acta Numerica
- a high h-index for their stage of career, for example an early career researcher with a h-index of 14
- a research-based degree from a top global university, for example, ranked in the top 100 World University Rankings by Times Higher Education.
- Recent keynote appearances at high-profile international conferences such as: Web Summit, Internactional Congress of Mathematics, AACR, International Geoscience and Remote Sensing Symposium etc;
- Earning at or above the FWHIT (currently AUD 175,000).
- top of field level sport and arts awards;
- evidence of innovative business activities, such as Significant ‘Angel’ Investors with established track record of supporting successful innovative ventures, or having led internationally reputed companies to their Initial Public Offering
- evidence of promising entrepreneurial activities that will lead to the commercialisation of a product or service in Australia or the development of a business or enterprise in Australia, particularly where linked to State or Territory based start-up incubators
- actions by individuals that provide exceptional service to the Australian community, including outstanding work in establishing organisations that improve community cohesion or wellbeing of Australians;
- other exceptional achievements in the context of the supporting agency’s strategic priorities.
The above are just examples, while each case will be determined on their individual merits.
How do I apply for the NIV?
You must first be invited to apply for the National Innovation visa. Only after receiving your invitation to apply, will you be able to submit a visa application online by creating an ImmiAccount.
You can visit our National Innovation visa document checklist to see the types of documents typically required.
How long does the EOI/Visa take for the NIV?
At this time, the NIV has only recently been introduced, so there are no details yet around processing times for each – however we will update this page as more information becomes available.
Broadly you can view Departmental published processing times for visas on their website.
How many NIVs will be granted?
The Department determine the migration planning numbers for the migration program year which runs from 1 July to 30 June.
4,000 spots were allocated to the Global Talent visa, with which the National Innovation visas granted in 2024/25 will be counted within this allocation.
The Department have recently advised that 1,800 NIV EOIs have been lodged, and only 10 NIV applications issued from the top three priority groups.
Conclusion / How can Hannan Tew Lawyers help me
Hannan Tew Lawyers have assisted a significant amount of individuals in applying for the Global Talent visa before the replacement of the National Innovation Visa, and were at the forefront of that program since conception.
We have been interviewed by various media outlets including ITnews and SBS regarding our insights and views on the GTI program, and on our insights on immigration more broadly which can be read here. We have also delivered sold out CPD sessions via industry bodies to education other Migration Agents/Lawyers on this program.
Please feel free to contact us by email at [email protected] or phone +61 3 9016 0484 if you have further comments or queries or would like some guidance.
Dear Sir,
I am interested in applying for the NIV visa program. I hold a PhD in Chemical Engineering and would like to inquire if you could assist me in securing my visa.
Thank you for your time and assistance.
Hi Ashfaq,
Thanks for enquiring – we can certainly help.
In the first instance, please send your resume to [email protected] so one of our lawyers can get back to you.
Kind regards,
Hannan Tew