From 6 December 2024, Australia will replace the Global Talent visa with the new National Innovation Visa (NIV) under Subclass 858. This transition marks a significant shift in Australia’s skilled migration strategy, emphasizing exclusivity, exceptional achievement, and high-calibre leadership to drive innovation, create jobs, and boost investment in key sectors of the economy.
The National Innovation Visa is not just a visa; it is Australia’s call to the best and brightest across the world—those who are ready to bring innovation, entrepreneurial spirit, and global expertise to shape Australia’s future.
Key Features of the National Innovation Visa
The National Innovation Visa (NIV) is a tailored program designed to attract established and emerging leaders who possess internationally recognized records of exceptional and outstanding achievement. This includes priority allocation and consideration as outlined in Ministerial Direction 112 (MD 112), which ensures Australia benefits from top global talent by strategically prioritizing applications that have the greatest potential to drive innovation, investment, and economic growth. The tiered system helps attract high-achievers who can fill critical workforce gaps, boost Australia’s competitive edge, and contribute directly to emerging and transformative industries., which governs the order of assessment for the NIV.
Ministerial Direction 112: Priority Allocation for NIV Applications
From 6 December 2024, Ministerial Direction 112 (MD 112) outlines the order of consideration and factors that decision-makers must evaluate when assessing NIV applications, particularly regarding exceptional and outstanding achievements.
Order of Priority:
- Priority One: Exceptional candidates from any sector who are global experts and recipients of international “top of field” awards, such as Nobel Prizes, Fields Medal, Olympic Gold Medals, Turing Award, and other similarly prestigious accolades.
- Priority Two: Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State, or Territory Government agency.
- Priority Three: Candidates with exceptional and outstanding achievements in a Tier One sector, including Critical Technologies, Health Industries, and Renewables and Low Emission Technologies.
- Priority Four: Candidates with exceptional and outstanding achievements in a Tier Two sector, including Agri-food and AgTech, Defence Capabilities and Space, Education, Financial Services and FinTech, Infrastructure and Transport, and Resources.
Factors Considered for Exceptional Achievements: Decision-makers should evaluate:
- Receipt of Prestigious Research Grants: Grants from the Australian Research Council, EU Commission, US National Science Foundation, or equivalent.
- Academic Influence: Holding a PhD with high influence (e.g., publications in Nature, Lancet, or Acta Numerica; high h-index scores).
- Thought Leadership: Keynote appearances at prestigious global conferences.
- Recognized Intellectual Property: Holding relevant international patents.
- High Income Threshold: Employment offers or current salaries meeting or exceeding Australia’s high-income threshold.
- Broader Achievements for Priority Two Applications: Includes innovative business activities, entrepreneurial contributions, and community service linked to strategic government priorities.
This structured approach ensures that Australia attracts top-tier talent capable of driving innovation, investment, and economic growth.
Why Australia Needs the National Innovation Visa
Australia’s evolving economy requires the best minds and leaders from across the globe to tackle critical challenges and seize new opportunities. The NIV is designed to:
- Solve Workforce Gaps: Address shortages in key innovation-driven sectors.
- Drive Economic Development: Attract leaders who will create jobs, launch businesses, and invest in transformative industries.
- Boost Global Competitiveness: Position Australia as a hub for cutting-edge technologies, health breakthroughs, and sustainable solutions.
This visa prioritizes those who will make a lasting, high-impact contribution to Australia’s future.
Application Process for the National Innovation Visa
- NIV Deadlines:
- Failure to apply within the 60-day invitation window disqualifies applicants from using that invitation.
The application process for the NIV has been streamlined to ensure efficiency and clarity for prospective applicants:
- Form, Place, and Manner:
- Applications can be made via form 47NI (Internet) using ImmiAccount.
- Alternatively, authorized applicants may submit form 47NI (paper) by email to an official Department address.
- Ministerial Invitation:
- Applicants must be invited, in writing, by the Minister to apply.
- Invitations will include a specified period within which the application must be submitted.
- NIV Deadlines:
- Failure to apply within the 60-day invitation window disqualifies applicants from using that invitation.
- Nomination Requirements:
- NIV applicants require nomination from an Australian permanent resident, citizen, or organisation through Form 1000.
- While State or Territory Nominations are not mandatory, they attract priority processing.
- Expression of Interest (EOI):
- EOIs remain valid for two years, with no fixed processing timeframe.
- EOIs cannot be edited after submission unless there are exceptional circumstances; applicants may lodge a new EOI if needed.
NIV Criteria for Investors and Entrepreneurs
- No specific investment thresholds are required for the NIV.
- The Department assesses applicants’ track records, including early-stage venture involvement and affiliations with state innovation hubs.
Nomination Pathways for NIV
Collaboration with state and territory agencies to establish clearer nomination pathways is ongoing, ensuring smoother processes for applicants seeking state or territory nominations.
Global Talent Visa Transition
- The Global Talent Visa, including the Distinguished Talent stream, has closed as of December 7, 2024.
- Applicants previously eligible under the Distinguished Talent stream should consider the NIV, which now requires submission of an Expression of Interest (EOI) and operates as an invitation-only visa.
Transitional Arrangements
To ensure a smooth transition:
- Applications submitted for the Global Talent visa before 6 December 2024 will continue to be assessed under the legislation in effect at the time of application.
- The amendments made by the National Innovation Visa regulations will apply only to new applications lodged on or after 6 December 2024.
Conclusion
The National Innovation Visa (Subclass 858) is more than just a migration program—it is a call to the world’s brightest minds, most accomplished leaders, and most innovative thinkers. By focusing on exclusivity and impact, this visa ensures that Australia remains at the forefront of global progress, attracting those who will drive transformation, innovation, and economic success.
At Augustine & Co. Immigration Lawyers, we understand the unique opportunities and challenges of the NIV. As trusted experts in Australia’s immigration landscape, we provide tailored guidance to help you secure your place in this exclusive program.
Join Australia’s innovation future—contact us today.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
