858 Global Talent Visa Lawyers

Subclass 858 Global Talent Visas are permanent visas for globally renowned individuals with proven and continuing records of outstanding achievements in eligible fields. The eligible fields are called the Target Sectors

 

Australian Global Talent Visa Program

The Australian Government is competing with other developed nations to attract the best and brightest migrants from all over the world. Their commitment was evident in their decision to triple the number of intake for the Global Talent Independent Program to 15,000 for 2020-21. In the planning level for 2022-23, this number has reduced to 8,448, largely contributing to the difficulty in sourcing the talents in the previous year.

Please click to see the migration planning for the most recent year.

The key advantages in choosing Australia is that it is a lifestyle destination, and one of the most prosperous, safe and culturally diverse countries in the world. Australia offers opportunities for innovation, with strong trading links and a business-friendly regulatory approach. Through the program, talented individuals will be given permanent residency to make their new lives in Australia. Nevertheless, the threshold for eligibility is highly stringent. Distinguished Talent visa Australia and Global Talent visa (or exceptional talent visa) open gateways of opportunities for people who are looking to start life afresh.

 

Target Sectors

The candidates applying for talent visa must be highly skilled in one of the following target sectors:

  • Resources
  • Agricultural Food and Technology
  • Energy
  • Health Industries
  • Defence, Advanced Manufacturing and Space
  • Circular Economy
  • Digital Technology
  • Infrastructure and Tourism
  • Financial Services and FinTech
  • Education

 

Nominator

Unless endorsed by the Prime Minister’s Special Envoy, candidates must be nominated by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen, or an Australian organization with a national reputation in the same field as the candidates who attest to their achievements and international standing.

 

Income Threshold

Secondly, candidates applying for the Global Talent visa must meet the Fair Work high income threshold which is currently set at $153,600 AUD and show a track record of exceptional professional achievements. The track record encompasses senior roles, patents, professional awards and international publications and memberships. Masters and PhD students may be successful candidates if they can demonstrate their exceptional talent and international recognition across the target sectors when they apply for their talent visa. 

In the assessment process, candidates will have to submit:

  • Current salary – to be shown through payslips or an employment contract
  • Future job offers outlining remuneration
  • Recent PhD or Masters graduates in the target sectors

 

Application Procedure For Global Talent Visa Australia

Application processes under the Global Talent Scheme operates in two (2) stages. 

  • The first stage involves lodgement of an Expression of Interest, upon which an applicant must await provision of an invitation prior to progressing to the second stage
  • The second stage involves the submission of an application for a Distinguished Talent visa, under Subclass 858

Expression of Interest

Prior to submitting an application pursuant to the Global Talent Scheme, applicants must lodge an Expression of Interest via an online contact form. This application will outline a prospective applicant’s satisfaction with the scheme’s criteria, including their background in an eligible sector and their satisfaction of the applicable minimum salary threshold. 

Successful applicants will be issued an invitation, with each invitee being provided with a unique identifier. 

Note: Issuance of an invitation is not a guarantee of a visa outcome. The EoI process considers Global Talent Scheme specific criteria only, but the applicants must additionally satisfy general criteria for the Distinguished Talent visa 858. Those who fail to satisfy the general visa criteria would be at risk of visa refusal.    

Visa Application

Those invited under the Global Talent Scheme may lodge a priority visa application. All criteria applicable to the Distinguished Talent visa must be satisfied by Global Talent applicants, including criteria, especially the records of achievements.

Please see the below discussion of general Distinguished Talent visa criteria.

 

Global Business and Talent Attraction Taskforce

In addition to accepting expressions of interest, the Australian Government has implemented a comprehensive taskforce to actively identify and facilitate the migration of exceptionally talented individuals under this scheme. Only individuals identified by the task force will be offered a bespoke migration facilitation process. It is not possible to apply for consideration by this body.

Currently, individuals and businesses involved in advanced manufacturing, health and fintech are prioritised by this task force.

Global Talent officers are located in cities around the world, such as London, Shanghai, Singapore, and Washington DC, with the aim to promote the program by engaging with prospective applicants, business and industry in the foreign nations.

 

General Distinguished Visa

In this financial year of 2022 – 23, the Department announced to allow 300 intakes for general distinguished visas which fall outside the target sectors. To qualify, candidates must:

  • Be nominated by an Australian citizen, permanent resident or organisation with an international reputation in the same field as the global talent visa applicant
  • Have an exceptional ongoing record of achievements in their field
  • Prove that they are of benefit to the Australian community, whether economic, social, cultural, academic, artistic or sports
  • Prove that they are able to establish themselves in Australia
  • Be aged between 18 and 54 years inclusive, unless exemptions apply
  • Have functional English skills

Nomination

The person or organisation providing the nomination must have a national-level reputation in the same field as the candidate. When in doubt, the credentials of the nominator will be investigated by the Department, often via consultation with a peak national body associated within the area of achievement.

 

Record of Achievement

Relevant fields may be broad to include sports, arts, professions, academia and research. To be exceptional, candidates must be ranked at the top internationally and recognised in a number of countries, including Australia.

Moreover, their level of achievement must continue to be sustained and pure reliance on past achievements is insufficient for these visas to be granted. For this reason, retirees, particularly in relation to sports, would not qualify for Distinguished talent visa.

The Department, when evaluating the application of a sportsperson, will consider various factors, including but not limited to:

  • National and international rankings
  • Competition and tournament results
  • Statements from international sporting bodies
  • Sporting scholarships received
  • Media articles attesting to the applicant’s achievements

In addition to the above, candidates may qualify for such distinguished talent visa wherein they have aided Australia in matters of intelligence and national security. This requires a recommendation by senior intelligence officials of the Australian Security and Intelligence Office.

 

The benefit to the Australian community

Your presence in Australia must be likely to benefit Australia as a whole. These benefits may be economic, social or cultural. This also means that if your field is of a nature that is not generally acceptable in Australia, your application is most likely to fail on this ground.

The benefit to Australia must be real and not purely based on conjecture. The precise nature of the benefit will be dependent on your field of expertise. For example, a sportsperson might be expected to raise the standard of competition domestically, or a prominent academic may increase Australia’s reputation within a particular field of study. 

 

Able to Establish Oneself

The Department must be satisfied that candidates will be able to find work and become independently established in the relevant field in Australia. This requires a detailed plan as to how they intend to continue in the area of achievement once the global talent visa or the distinguished talent visa has been granted and will support themselves through the related activities.

Income from work outside the area of achievement cannot be included in the application for this visa.

 

Age Requirements

In most cases, candidates applying for global talent visa or a distinguished talent visa must be between 18 and 54 years of age. There are exemptions under limited circumstances whereby people below the age of 18 or above the age of 54 may be eligible for these visas.

Under 18 Years Old

If the candidate is under 18 years of age, they would face significant difficulty in demonstrating a sustained level of exceptional achievement in their field.

In the case of a sportsperson, candidates should be ranked in the top 5 for the same age group internationally. Other situations may be arguable, but the threshold for minor candidates is quite stringent. 

In any case, the exceptional benefit must be demonstrated to exist beyond the Australian community to be eligible for a Distinguished Talent visa.

Over 55 Years Old

If the candidate is 55 years old or more, they would also need to prove continuing exceptional benefit to the Australian community beyond the benefit generally required of other Distinguished Talent visa applicants in the eligible age group. 

This benefit must be immediately realised as well as be ongoing. Retired or retiring persons would not be suitable applicants for this subclass.

 

Application Charges

First instalment payable at the time of application;

  • Base application charge: $4,305
  • Additional applicant charge for an applicant who is at least 18: $2,155
  • Additional applicant charge for an applicant who is less than 18: $1,080

Second instalment payable prior to visa grant;

    • Applicants aged 18 and over who do not demonstrate functional English: $4,890
    • Any other applicant: Nil

 

 

Visa Plan 858 Global Talent Visa Lawyers
Australian Global Talent Visa
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