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The Australian Government has implemented a raft of migration changes, amongst them is the promised replacement of its Global Talent Visa, with the Government opting for a more exclusive approach to attracting high-calibre workers.

On 6 December 2024, the Migration Amendment (National Innovation Visa) Regulations 2024 (the Amendment Regulations) amended the Migration Regulations 1994 (the Migration Regulations) to replace the Subclass 858 Global Talent (Class BX) visa (Global Talent visa).

The Amendment Regulations make a host of technical and superficial adjustments to what was originally the Global Talent visa, which was designed to attract the top echelon of global talent to Australian shores. The new invite-only National Innovation Visa aims to attract high-performing talent that will raise Australia’s international profile and benefit key areas of importance.

Immigration law experts Kian Bone and Nicole Brown will take you through the changes implemented, the impact on Australian visa applications, and the benefits to the Australian migration framework and applicants.

The purpose of the National Innovation Visa and its key areas

As part of the Australian Government’s Migration Strategy released in December 2023, the Global Talent visa was announced to be repealed in place of a new visa, the NIV, that would boost growth in certain areas of national importance and provide a pathway to permanent residency in Australia for the “best and the brightest”.

The NIV is targeted at four main sectors, in which the applicant must demonstrate ‘an internationally recognised record of exceptional and outstanding achievement’ in one of the following areas:

1. Academia and research: For example, those with a high calibre research background, notable publications, or evidence of awards and recognition within their field.
2. A profession: For example, successfully established entrepreneurs or emerging entrepreneurs, in fields targeted by Australian Government.
3. The arts: For example, high performing creatives, such as musicians or artists.
4. A sport: For example, top-tier athletes who have excelled or are emerging stars in their chosen sport.

Changes from the Global Talent visa to the National Innovation Visa

Apart from the superficial name change, the Amendment Regulations have also changed procedural requirements of the visa with the main change being the pivot from an application based system to invitation only,

The main changes are as follows:

• Invitation based system: Applicants must be invited to apply for this visa and lodge your visa application within 60 days of invitation.
• Nomination/ achievement alignment: Invitees must have a nominator with a national reputation in their area of talent who is either an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or an Australian organisation.
• Streamlined process: The Expression of Interest (EOI) can be lodged directly, and if an invitation is received, the applicant can proceed to submit their application via ImmiAccount.

Benefits of the National Innovation Visa

As mentioned, the NIV also now provides a direct pathway to permanent residency for the approved applicants, and any dependent family members. Additionally, there are no age restrictions on applicants andflexible English proficiency requirements in which applicants must demonstrate functional English proficiency or pay a secondary Visa Application Charge. The process of obtaining the visa has been streamlined through EOI lodgement as set out above.

Transitional arrangements

Applications submitted before 6 December 2024, will be assessed under the previous Global Talent Visa criteria. The new regulations apply only to applications lodged on or after the implementation date.

Impact on Australian migration framework and how we can help

The biggest change is the EOI process. Previously a visa applicant could apply for the visa and, if they were in Australia, remain in Australia to live and work while the visa was processed. The EOI process will make the NIV much more competitive and allow the Department to “screen” applicants prior to applying for the visa. Conversely, this should mean that those who are invited to apply should have a much smoother and faster visa processing time.

The criteria for the Global Talent visa were hugely subjective. Now the subjective assessment of the applicant’s record will be undertaken at the EOI process.

Migration experts Kian Bone and Nicole Brown are very experienced in the Global Talent and Global Talent Independent visa pathways, so if you would like to discuss the Amendment Regulations and their impact on your visa application or business, please contact our Employment, Safety and Migration team.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.