The Global Talent Visa is a very attractive option for many potential candidates. However, is it really a simple, fast tracked process to Australian permanent residency? It certainly seems to involve a lot less stringent criteria than the other permanent residency options (e.g. subclass 189 or 190). However, there are many misconceptions surrounding this visa option. Also, there has been a number of changes to the criteria in recent weeks and months. This article lists some of the most frequently asked questions about the global talent visa process.
What Experience, Qualifications and Achievements Are Relevant?
The target sectors were expanded from 17 December 2020.
| Target Sector | Description |
| Resources | Information to come. |
| Agri-food and Agtech | The application of technology to agriculture and food production. |
| Energy |
The development and improvement of energy and mining technologies. Potential occupations:
|
| Health Industries |
Medical technologies and pharmaceuticals. Potential occupations:
Health Industries can span over a range of fields within medical technology including dental, diagnostic imaging and orthopaedic implants. |
| Defence, Advanced Manufacturing and Space | The area of industry dedicated to space technology and manufacturing, plus the entire value chain of advanced manufacturing from research, design, logistics to after-sales service of manufacturing products. |
| Circular Economy |
A circular economy is a systemic approach to economic development designed to benefit businesses, society and the environment. In contrast to the 'take-make-waste' linear model, a circular economy is regenerative by design and aims to gradually decouple growth from the consumption of finite resources. A 'circular economy' model, which employs not only waste management, but reuse, recycling and responsible manufacture, could support the development of new industries and jobs, reduce emissions and increase efficient use of natural resources (including energy, water and materials). |
| Digitech | The target sectors
previously known as quantum information, advanced digital, data
science, ICT and cyber security.
|
| Infrastructure and Tourism | Information to come. |
| Financial Services and Fintech |
Technology that seeks to improve and automate the delivery and use of financial services. Potential occupations:
The FinTech space in Australia is made up ranging from the big banks to the fresh startup. |
| Education | Information to come. |
How Can I Find an Australian Nominator?
LegalVision does not assist applicants to find an Australian nominator. We can discuss with you the characteristics of an acceptable Australian nominator. However, we are not able to approach potential nominators on your behalf.
An Australian nominator should be either an:
- Australian citizen;
- Australian permanent resident;
- eligible New Zealand citizen; or
- Australian organisation.
The Australian nominator should also be:
- internationally recognised in the same industry sector as you;
- familiar with your international recognition and achievements; and
- able to attest to those achievements in detail.
Do Nominators Have Any Obligations to the Department of Home Affairs?
You may have been queried by your potential nominator as to whether they are subject to stringent legal obligations or liabilities to the Department of Home Affairs, if they agree to become your nominator.
A nominator is not a 'sponsored employer' (a status that would normally attract specific sponsorship obligations). They are also not 'sponsoring' you for the global talent visa. Essentially, the nominator assumes no liability or obligation by becoming a nominator for you at both the EOI and visa application stage (subclass 858).
All that is required of the nominator is their willingness to provide their subjective and professional assessment and attest to your:
- record of international recognition and achievements in your specific field of expertise (aligned with one of the target sectors);
- prominence in the field (and provide examples accordingly);
- value as an asset to Australia; and
- likely chances of obtaining employment or becoming independently established in the relevant field of your specialisation, in their view.
The nominator must be willing to provide accurate information about the above in relation to you.
What if I Cannot Find an Australian Nominator?
It is a legislative requirement for the subclass 858 distinguished talent visa that you identify an appropriate Australian nominator. If you cannot do so, you will not meet the criteria.
When Do I Need a Nominator?
As explained above, you are required to identify an Australian nominator at the time of submitting your visa application. It is also recommended that you have a nominator at the time of submitting an EOI.
Can LegalVision Assist With ACS Nomination?
Yes. You can read more about the process here.
Am I Eligible if I Hold a Bachelor (Honours) or Masters?
As of 20 January 2021, Master by Coursework, Master by Research and Bachelor (Honours) graduates are no longer eligible for invitation to the GTI program solely on the basis of their qualifications. This policy change affects all future EOI submissions and EOIs made by candidates who have not yet received an invitation by 20 January 2021.
Going forward, applicants who are recent graduates (of the above educational qualifications), must be able to demonstrate the following in addition to their educational achievements. They must:
- be internationally recognised with evidence of outstanding and exceptional achievements;
- still be prominent in their field of expertise;
- provide evidence that they would be an asset to Australia, in their field of expertise;
- have no difficulty obtaining employment in Australia or becoming established in their field; and
- have a recognised organisation or individual in Australia endorse them as global talent, in the same field as the applicant.
Priority is also given to applicants that can demonstrate:
- there is written communication from an Australian employer offering employment in Australia with an annual salary equivalent to or higher than the Fair Work high income threshold (FWHIT);
- current earnings in an amount equal to or greater than the FWHIT; or
- that they are likely to attract a salary that is equal to or greater than the FWHIT. Applicants can demonstrate this through current salary, future job offers outlining remuneration or concrete evidence of realistic earning potential backed up with evidence based on the candidate's credentials (rather than generic market salary evidence).
Unfortunately, your EOI will not be competitive enough to secure an invitation if you are relying solely on being a recent graduate of a Bachelor or Masters in the last three years.
However, priority is still given to recent PhD graduates.
Health Waivers
From 14 November 2020, applicants (and their family members, if they are part of the visa application) who have serious health conditions can apply for a health waiver and be granted the subclass 858 Distinguished Talent Visa (whether it is through the Global Talent Independent Program or otherwise).
It is extremely important that you provide a detailed submission with supporting documentation as part of the visa application (not at the EOI stage) for the Department to assess whether a PIC4007 waiver can be exercised in your favour.
Am I Eligible if I Have Extensive Work Experience In a Target Sector?
Many potential candidates believe that if they can demonstrate extensive work experience in one of the target sectors, that alone will be enough to secure a Global Talent Visa. Unfortunately, it is not so simple.
It is important to consider the key criteria to satisfy, such as:
- proving a record of international recognition and achievements in your specific field of expertise (that is also aligned with one of the target sectors);
- confirming that you are prominent in the field (and providing examples accordingly);
- describing how you would be an asset to Australia; and
- establishing you would have no difficulty obtaining employment or becoming independently established in the relevant field of your specialisation.
Work experience alone is unlikely to satisfy the international record of achievements criteria, even if it was in a senior role in an international company, possibly as a sponsored employee (subclass 482) and in one of the target sectors.
Receiving an invitation to apply for the Global Talent Visa is a very competitive process. As the process and assessment of each EOI is fairly subjective, it is vital that potential candidates understand that their work experience alone will not place them in a competitive position to other candidates who may be able to demonstrate significantly more of their international recognition and achievements (from a combination of extensive work experience, awards, published articles, speaking engagements and so on).
How Long Does It Take to Receive an Invitation?
Processing times vary. Due to the demand of the program, expect to wait one to four months for an invitation.
How Long Does It Take to Process the Visa Application?
Similarly, times vary depending on the application.
Do I Need to Have an Australian Employment Offer?
No, you do not need to have an Australian employment offer. However, priority is given to applicants that can demonstrate that:
- there is written communication from an Australian employer offering employment in Australia with an annual salary equivalent to or higher than the Fair Work high income threshold (FWHIT);
- current earnings is an amount equal to or greater than the FWHIT; or
- they are likely to attract a salary that is equal to or greater than the FWHIT. Applicants can demonstrate this through current salary, future job offers outlining remuneration or concrete evidence of realistic earning potential backed up with evidence based on the candidate's credentials (rather than generic market salary evidence).
I Do Not Earn $153,600. Will This Be a Problem?
Not necessarily. See above.
Can LegalVision Help Me Find Australian Employment?
Unfortunately, LegalVision cannot assist you to find employment in Australia.
