National Innovation Visa (subclass 858)
National Innovation Visa
On 14 May 2024, the Australian Government 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). It commenced on 7 December 2024 mirroring a lot of the features of the former Global Talent Visa. It will confer immediate permanent residency.
National Innovation visa
On 14 May 2024, the Australian Government 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). It commenced on 7 December 2024 mirroring a lot of the features of the former Global Talent Visa. It will confer immediate permanent residency.
What is the National Innovation visa?
The NIV aims to target individuals with an “internationally recognised record of exceptional and outstanding achievement”. It is very broad in scope but focuses on one of the following areas:
1. A profession
2. A sport
3. The arts
4. Academia and research
Criteria
To be eligible for the NIV, the applicant must
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 organization with a national reputation in the area (see here).
Applying for a NIV
There is no direct pathway to a visa application. An applicant first submits an Expression of interest (EOI) to the Department of Home Affairs. This is not a visa application and therefore not entitled the person to a bridging visa. Expression of Interests expires after two years. There is no cost to apply for the EOI.
There are two stages to the National Innovation Visa
1. submission of an Expression of Interest (EOI); and
2. apply for the NIV itself (only if invited to apply).
The EOI would remain in the system for two years, and the Department of Home Affairs will invite candidates based on their set priority order.
Key Priorities
Your EOI would remain in the system for two years, and the Department of Home Affairs will invite candidates based on their set priority order.
The NIV has four priority groups set out below, and described in further detail here. They are:
Priority | Talent | Nominator | Sector |
One | Global experts and recipients of international ‘top of field’ level awards (Nobel prize, Olympic medal – any sector)
| Any | Any |
Two | Relevant government agency has nominated and provided business case for exceptional talent (Form 1000)
| Expert government agency | Any |
Three | Exceptional and outstanding achievements | Any | Tier 1 Sector |
Four | Exceptional and outstanding achievements | Any | Tier 2 Sector |
Examples of exceptional and outstanding achievements
There are several listed factors to guide decision makers in considering those who are high caliber 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:
Indicator | Examples |
International ‘top-of-field’ awards | Awards for exceptional and outstanding achievements in all fields. E.g. Nobel Prize, Breakthrough Prize, Fields Medal |
Recipients of National Research Grants | - Australian Research Council grants - Department of Education Accelerator grants - Equivalent level grants from other countries |
PhD holder with high-levels of academic | -recent publications in top ranked journals - a high h-index for their stage of career - a research-based degree from a top global university |
Other Measures | - recent keynote appearance at a high-profile international conference - Earning at or above the Fair Work high income threshold - Recognised intellectual property attributed to them |
Benefits of NIV
The NIV is an extremely attractive option over other permanent residency visas because eligible candidates:
- Candidates do not need to provide a skills assessment.
- No skilled occupation list to adhere to;
- Candidates are required to meet minimum points threshold
- Candidates are not required to meet minimum English requirements
- Do not require state or employer nomination
- Can be up to 55 years are older if they can demonstrate exceptional economic benefit to Australia
- There are no target sectors
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How much does it cost to hire a migration lawyer or Registered migration agent in Canberra?Fees vary depending on the lawyer’s experience and the complexity of your case. It’s best to discuss this during your initial consultation to understand the total costs involved.
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What should I do if my visa application is denied?If your application is denied, consult with your migration lawyer immediately. They can advise on the best course of action, whether it’s appealing the decision or reapplying.
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How long does the visa application process take?The timeline varies significantly based on the visa type, the complexity of your case, and processing times. Your lawyer can provide estimates based on current trends.
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Do you need to pass an English test to become an Australian citizen?No, You do not need to pass a separate English test to become an Australian Citizen, however, the Australian Citizenship test is conducted in English.
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Can you become an Australian citizen if you are over 60 years old?Yes, there is no age requirement on becoming an Australian citizen. There is no citizenship test required for people applying for Australian citizenship if you are 60 years old or above.
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What is the ten year rule for Australian Citizenship?You may already be an Australian citizen and eligible for Evidence of Australian citizenship if you were born in Australia: and have been ordinarily resident in Australia throughout the first 10 years from your birth.
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What are the common reasons citizenship can be refused?The Department of Immigration may refuse an application for citizenship on the following criteria not satisfied: You are found not to be of good character; Your identity cannot be established; You represent a national security risk; You are unable to satisfy the general or special residence requirements and you are not eligible for an exemption; You have renounced your Australian citizenship within the last 12 months.
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What happens if you fail the Australian Citizenship test?Failing the test does not affect your permanent visa or stop you from living in Australia. If you fail the test, we will book another appointment for you. There is no extra cost for sitting the test again. If you do not pass the test after three appointments, your citizenship application may be refused.
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