What were the changes in the last 2 years with Global Talent Visa 858?

14/12/2020, The department passed the legislation to remove the offshore stream subclass 124 and made some major modifications to the onshore Global Talent Visa Subclass 858 application.

20/1/2021: bachelor (with Honours) and Masters graduates are no longer eligible for invitation to the GTI program by submitting those qualifications alone. It is clearly making no competitiveness at all to those PHD candidates or Research fellows and the Department of Home Affair was considering about their ability to attract the fair work High income Threshold requirements.

Also, for existing EOIs submitted on the Department website will also be applied by this change. It means, Masters Graduates or Bachelor candidates who are waiting for the invitation will no longer be accepted.

27/1/2021: The Distinguished Talent Visa was renamed the Global talent visa. The subclass and criteria remained the same.

Global Talent Visa - Australian Nominator

To get invited for a Global Talent Visa, you need to have an eligible Australian nominator. The nominator must be of a national reputation in your area of talent who is Australian Citizen; Permanent resident of Australia; Eligible New Zealand citizen and Australian organisation.

With the national reputable criteria, it clearly aims to global organization who has made global footprints in their industries or area of study; Educational Institute with strong background in researches which are globally recognised.

And a lot of people are getting their nomination from their own employer. It is strongly dependent on projects they are doing.

• Please help yourself with our quick initial GTV Assessment and Our Immigration Agents and lawyers will be in touch with you shortly. It is completely FREE !

The Department of Home Affairs has just released details of which organisations nominated the most candidates from November 2019 and the end of June 2021.

The top 10 nominators for Global Talent Visa 858 are:

The Global Talent Visa continues to be the visa everyone wants.

And why wouldn’t it be?

With fast processing, low costs, and a direct pathway to permanent residence in Australia, there are few immigration options that can compare. It isn’t easy to get though; the Global Talent Visa is for highly skilled applicants in specific target sectors. Until now, the Australian Government had provided very little information as to who would and would not qualify for the GTV, but this month the Government has released examples of exceptional and strong candidates (who were granted Global Talent Visa 858) and categories of professionals that would usually not be eligible.

Click here to learn the criteria for the Global Talent Visa

Priority status will be given to applicants who work in a designated sector. These sectors are currently:

• Resources;
• Agri-food and AgTech;
• Energy;
• Health industries;
• Defence, Advanced Manufacturing and Space;
• Circular economy;
• Digitech;
• Infrastructure and tourism;
• Financial services and FinTech; and
• Education

Let’s take a look at the successful candidates from each sector. You may notice some of the sectors (such as Defence, Advanced manufacturing and Space) have been broken down into multiple separate categories.)

Resources

EXCEPTIONAL CANDIDATES

Managing director of a technology and innovation unit of an international mining corporation with a global track record in the delivery of safe, cost effective, and complex multi-billion dollar projects.

STRONG CANDIDATES

Executive with extensive experience in subsea system development, execution and operation for a top-tier oil and gas company.

NOT USUALLY ELIGIBLE

• Site managers
• Engineers and mechanics
• Technicians and construction workers

AgriFood and AgTech

EXCEPTIONAL CANDIDATES

Director of a world-renowned research centre for livestock genetic engineering with proven results in applying research to improve the quality, productivity and efficiency across the industry.

STRONG CANDIDATES

Highly regarded and cited post-doctoral researcher in the field of robotics and automations in agriculture, with ongoing industry collaborations. 

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Farmers and agricultural technicians 
• Food safety managers 
• Chefs and cooks

Clean Energy and Renewables

EXCEPTIONAL CANDIDATES

Founder and CEO of an internationally acclaimed start-up in the research and manufacturing of innovative clean technology for heating, ventilation and air conditioning.

STRONG CANDIDATES

Senior energy transformation engineering specialist in devising solutions for new energy technologies.

Executive with expertise in the development and delivery of large energy projects.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Technicians and construction workers
• Distribution and sales representatives
• Junior or mid-level power plant or mine operations managers

Health Industries

EXCEPTIONAL CANDIDATES

Pharmaceutical executive and founder of a multi-million dollar global company dedicated to accelerating clinical trial processes by utilising a novel e-platform to track patient data. 

Renowned infectious diseases researcher and practitioner of international repute.  

STRONG CANDIDATES

Senior auditory neuroscientist with a track record of research in health technologies, leading the research and design of cochlear implant technology.

Biomedical engineer with expertise in medical application of polymers, biomaterials and delivery platforms.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• General practitioners
• Retail pharmacists
• Dentists
• Physiotherapists
• Nurses
• Veterinarians 
• Aged care workers

Defence

EXCEPTIONAL CANDIDATES

Business director of an international organisation renowned for testing, inspecting and certifying defence vessels and equipment.

STRONG CANDIDATES

Senior technology manager of a globally renowned aeronautical research and development centre leading multiple portfolios on defence products.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Soldiers and sailors 
• Junior officers

Advanced Manufacturing

EXCEPTIONAL CANDIDATES

A leading researcher in micro and nano electro-mechanical systems that owns multiple patents.

Chief technology officer of an internationally acclaimed manufacturer of sensors for electronic devices in the healthcare, robotics, and digital manufacturing sectors.

STRONG CANDIDATES

Senior data scientist specialising in designing machine learning algorithms and neural network models, with experience in commercialising artificial intelligence projects for automotive and intelligent devices. 

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineering technicians 
• Machine operators
• Draftspersons
• Sales and administrative managers

Space

EXCEPTIONAL CANDIDATES

Renowned space industry leader with vast experience specialising in space systems engineering.

Head engineer of avionics and software at a leading rocket company that is developing new orbital launch vehicles and technologies for foreign space agencies.

STRONG CANDIDATES

A space policy specialist with extensive experience collaborating between government and the industry.

Post-doctoral astrophysicist with a sustained record in collaborative research, with a number of space agencies.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineers and mechanics who do not lead ground-breaking projects

Circular Economy

EXCEPTIONAL CANDIDATES

Managing director of a technology and innovation unit of an international mining corporation with a global track record in the delivery of safe, cost effective, and complex multi-billion dollar projects.

STRONG CANDIDATES

Executive with extensive experience in critical mineral development, execution and operation for a top-tier company.

A leading researcher with expertise in heat and mass transfer, phase change and metallurgical transformation in high temperature systems.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Site managers 
• Engineers and mechanics
• Technicians and construction workers

DigiTech

EXCEPTIONAL CANDIDATES

Founder and/or inventor of deep technology IP associated with digitech.

Expert in human-centred design and design thinking, experienced in designing sites, apps and online optimization strategies for high end IT firms.

Chief Information Security Officer driving intiatives in virtualization, Cloud, Internet of Things and cybersecurity across entire corporations.

STRONG CANDIDATES

Entrepreneur of an award winning video games developer company that has developed a number of original titles target at wide ranging international audiences.

Researcher and expert in software, platforms, game engine and AR/VR/XR tech including exemplary coders.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Business analysts, developers and ICT consultants without international experience.
• ICT support centre managers.

Infrastructure

EXCEPTIONAL CANDIDATES

Chief operating officer of a national freight company with expertise in large scale and complex interstate railroading operations.

Chief commercial officer of a commercial airline with a global reputation in developing new aviation business models. 

STRONG CANDIDATES

Internationally recognised expert in railway operations, instrumental in the success of multiple large-scale, government led railway and transport infrastructure projects in a number of countries.

Managing director of an innovative company known globally for sports products and infrastructure for international championships including the Olympic Games.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineers
• Mechanics
• Draftspersons

Tourism

EXCEPTIONAL CANDIDATES

Chief commercial officer of a commercial airline with a global reputation in developing new aviation business models.

STRONG CANDIDATES

Managing director of an innovative company known globally for sports events and international championship events.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Tour guides, travel agents and hospitality workers
• Taxi and rideshare drivers

Financial Services and FinTech

EXCEPTIONAL CANDIDATES

CEO and founder of a digital asset and financial services enterprise, globally recognised for their outstanding innovation through successful application of business models and technology.

STRONG CANDIDATES

Executive of a multinational corporation operating in global financial ICT strategy consulting, artificial intelligence and cloud strategy development, risk and insurance market operations, or global financial services operating models.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Traditional bankers (except c-suite executives for major financial institutions)
• Retail bankers
• Accountants and account managers
• Financial advisors
• Stockbrokers
• Insurance brokers and sales managers
• Chief financial officers (unless a leader in a priority sector)

Education

EXCEPTIONAL CANDIDATES

An executive with a track record in setting up university centres abroad, with expertise in establishing global collaborations and partnerships across government, academia and research.

Renowned level E academic and winner of prestigious prizes. 

STRONG CANDIDATES

Senior technology manager of a globally renowned aeronautical research and development centre leading multiple portfolios on defence products.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Researchers and academics at Australian academic levels A to C or their international equivalents, in fields other than education or pedagogy
• School teachers 
• Specialist teachers
• School administration staff

Is This You?

If you fit into any of the above categories, you could be an excellent contender for an Australian Global Talent Visa. Contact Work Visa Lawyers today to see if you have a shot at the country’s most sought after visa.

Author

Chris Johnston, Founder and Principal Lawyer at Work Visa Lawyers

Sources:

https://www.globalaustralia.gov.au

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe our Facebook: WORK VISA lawyers

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

Picture this: you've been living in Australia for the last 10 years with your wife and child. You had a criminal history in your home country, but you moved away to get a fresh start and put that life behind you. You're here on a genuine visa and you're earning your keep by legitimate means. But then you get a notification from the Department of Home Affairs saying your visa has been cancelled due to "character grounds", and you have 9 days to lodge an appeal or you must leave the country. What are you going to do?!

Section 501 of the Migration Act 1958 gives the Minister for Home Affairs, or their delegate, the right to refuse or cancel a visa if they are satisfied that the visa holder does not pass the "character test". In addition, Subsection 501(3A) imposes an obligation on the Minister to cancel a visa if an applicant/visa holder fails the character test for specific reasons- which means if you tick the right boxes, the Minister must cancel your visa.

These laws have only recently been put into place but they apply retrospectively. This means that even though the law didn't exist when you moved to Australia and got your visa, it applies to you now. And that's how people find themselves in very difficult situations like in the example above.

What is the Character Test?

The character test is set out in Subsection 501(6) of the Migration Act and it lists a number of reasons for which a visa can or should be cancelled. The list is long, but it includes:

• having a substantial cirminal record
• having committed sexually based offences against a child;
• having committed offences while in or escaping from immigration detention;
• being involved in people smuggling or slavery; or
• being part of a criminal organisation (such as the mafia).

In our experience, the most common reason for cancellation of refusal is though incurring a "substantial criminal record".

Substantial Criminal Record

The Migration Act says a person has a "substantial criminal record" if they have been (and this is not an exchaustive list):

• sentenced to a term of imprisonment of 12 months or more;
• sentenced to death; or
• found unfit to stand trial, and has been retained in a facility or institution.

What Can You Do About a Visa Refusal or Cancellation for Character Reasons?

Refusal or cancellation decisions are appealable to the Administrative Appeals Tribunal. The tribunal is required to make a decision on the appeal within 84 days of the applicant being notified of the refusal/cancellation.

Just as with the Minister, the tribunal is required to weigh up the facts that arise in the matter with respect to Ministerial Direction 90, as follows:

Primary considerations:

• Protection of the Australian community from criminal or other serious conduct;
• Whether the conduct engaged in constituted family violence;
• The best interests of minor children in Australia;
• Expectations of the Australian community.

Other considerations:

• International non-refoulement obligations (not sending you back to a country where you will be persecuted);
• Extent of impediments if removed (how badly you would be affected by it if you are sent home);
• Impact on victims; and
• Links to the Australian community, including:
  1. Strength, nature and duration of ties to Australia (such as family, friends and community); or
  2. Impact on Australian business interests.

As you can see, Ministerial Direction 90 provides ample opportunity for a lawyer to develop an appeal argument. The tribunal’s decision ultimately turns on the weight it assigns to each consideration and whether it feels the positives outweigh the negative aspects of an applicant’s situation.

In our experience it is important to recognise an appeal’s strengths and weaknesses and focus submissions accordingly. For example, if an applicant has an extensive criminal record there is no value in trying to argue that they don’t. Instead, it is important to acknowledge it and provide an explanation and context for that offending as well as emphasising the positive aspects of their situation – such as family, cultural, or business ties to Australia. The discretion granted to the tribunal offers applicants the opportunity to put their best foot forward.  

Timing

Appeals of Section 501 refusals and cancellations are time sensitive processes, given that the tribunal is required to hand down a decision within 84 days. As such, it is important to be organised, focused, and strategic in where to focus your energy. Do not waste time!

If you do find yourself facing a section 501 refusal or cancellation you need to speak to an experienced immigration lawyer immediately to understand your options. Work Visa Lawyers is happy to discuss your options further, provide an assessment of the strengths and weaknesses of your case, and give you an indication of whether we consider there to be sufficient grounds to lodge an appeal.

Make an appointment now if you need help on a visa refusal/cancellation appeal.

Author:

Lochlan Reef MacNicol, Lawyer & Registered Migration Agent at Work Visa Lawyers

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe our Facebook: WORK VISA lawyers

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

On 25 November 2021, the Department of Home Affairs announced some much anticipated changes to the Graduate Visa program - 485 Graduate Visas are going to be extended, at last! 

The announcement comes as a huge relief to those who were granted Temporary Graduate Visas but rhwen stranded outside of Australia during the Covid pandemic. It has taken months of campaigning but finally the Australian Government is establishing a concession to allow them to get the time in Australia they deserve.

It is estimated there are more than 30,000 people who could benefit from these changes.

BREAKING NEWS

Prime Minister Scott Morrison has formally announced that Australia's international borders will be reopening on 01 December 2021 to fully vaccinated visa holders - yes, it's finally happening!  As of December, you will be able to travel back to Australia without needing a travel exemption. All you need is an eligible visa and a vaccination.

An employer-sponsored visa to Australia is one great option for businesses to fill the skills or labour shortage in Australia. For the skilled visa holder, it is a great opportunity to come to Australia either temporarily or permanently. With someone who were in Australia during the pandemic, an employer-sponsored visa 482 can give you pathway to PR 186 visa 

However if you meet the eligibility criteria for it, the Global Talent Visa can be an even more attractive option than an employer-sponsored visa.

This is because of several factors including career flexibility, skills assessments, and age and language requirements.

Nevertheless, each visa stream has its own advantages and disadvantages for both employers and applicants. 

This article will discuss about the positive points of both the global talent visa and the employer sponsorship program.

Read more about the new visa 482 Employer Sponsored short-term to PR in 2022>

Career flexibility - No specific Occupation List for Global Talent Visa 858

Global Talent Visa is not an employer-sponsored visa. As a Global Talent Visa holder, you have the freedom to change jobs or roles, set up your own company or be self-employed. Even if you have to leave your job and be unemployed for some reason (like starting a family) you won't lose your visa.

For some employer-sponsored visas such as the Temporary Skill Shortage Visa (subclass 482) you have to work for the employer who sponsored you unless your occupation is one of the exempt occupations (such as a high-level, specialist medical professionals).

There are also employer-sponsored visas like the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa which require you to work in regional areas. There is no such requirement for the Global Talent Visa.

You can also work in a variety of occupations within your specialisation in designated Target sectors. For employer-sponsored visas, your occupation must be listed in the relevant skilled occupation lists.

No skills assessment for Global Talent Visa 

To be eligible for the Global Talent Visa, you have to :

• Be internationally recognised with evidence of outstanding achievements;
• Be currently prominent in your field of expertise and must provide evidence that you would be an asset to Australia.  You can provide evidence such as industry awards, media articles, research, publications and the like. 

A lot of PHD students have found that Global Talent Visa is their main Permanent Residency pathway without complicating process like General Skilled Migration. Because they can satisfy the part of internationally recognised evidence.

Moreover, you do not have to provide a skills assessment issued by the relevant skills assessing authority for your occupation.

Low English language's requirement for Global Talent Visa

The English language skill required for the Global Talent visa is only “functional English”, that is if you are taking the IELTS test for example, you only need an average band score of at least 4.5 based on the 4 test components. If you or any secondary applicant can not meet the required English language skill, you need to pay the second visa application charge before the visa can be granted.

For the employer-sponsored visa, RSMS (subclass 187) the English language skill required is “competent English” which is, for an IELTS test, getting a score of at least 6 for each of the 4 components.

NO age limit for Global Talent Visa applicants 

Unless an exemption applies, the age limit for the RSMS and the Employer Nominated (subclass 186) visas is 45 years old.

For the Global Talent Visa, there is no age limit but if you are over 55 years old you have to prove that you can bring exceptional economic benefit to Australia.

Faster processing times for Global Talent Visa 

The Global Talent Visa is a fast-tracked pathway to permanent residency, with visas being granted anywhere from 2 months to 4 months. Note though that it may take weeks or even months to get the invitation to apply for the visa.

Generally, however, the processing times for the Global Talent visa are still shorter than the RSMS and the ENS visas.

The current processing time for permanent residence employer-sponsored visas such the RSMS (Direct Entry Stream) is between 35-45 months, and for the ENS (Direct Entry Stream) it is between 6-11 months.

No Cost for Global Talent Visa in terms of sponsorship

While the Global Talent Visa applicant may get a job offer from an Australian organisation, the prospective Australian employer will not incur costs to become an approved sponsor, apply and pay for the nomination and pay the Skilling Australians Fund levy.

In short, if you are an exceptional talent, the Global Talent might be for you.

To check your eligibility, you can take our quick and free Global Talent assessment here.

Employer Sponsorship program and its benefits to employers and applicants

Even though Employer sponsorship program has a specific skilled occupation lists, the list has wide veriety of occupations which Global Talent Visa program does not have such as: Trades occupations (Motor mechanic, Chef, Cook, welder, electrician...), Professional occupations ( marketing specialist, financial broker...) or General practitioner, Hospitality (cafe or restaurant manager)

The big difference that distinguish applicants for global talent visa program from employer sponsorship program applicants is the High Income Threshold currently set at 158,500 AUD. This is a very high salary requirement which most applicants do not meet.

There are also a lot of applicants who have put it the expression of interest in the Global Talent Visa and they are not being considered in a timely manner. 

The processing time of Global Talent Visa program could meet some delay because of its popularity in 2022, it sometimes takes 6 to 12 months to process.

On the other side, Employer Sponsored Visa could be quicker to get someone into Australia and start working for the company. 

 For someone who were in Australia during the pandemic, a new visa 482 short-term pathway to PR 186 visa could be a good option for skilled workers who are finding a way to get 491 nomination.

Read more about new visa 482 changes in 2022 here>

Author:

Rosa Torrefranca, Immigration Lawyer at Work Visa Lawyers

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe to our Facebook: WORK VISA lawyers

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

Section 48 of the Australian Migration Act has long been the bane of many a visa hopeful's dreams. Essentially, the section says that if your visa application is refused, you are barred from applying for any other prescribed visa until you have left Australia (with a few exceptions).  Typically, refused applicants would have simply left Australia and applied for another visa, but Covid has made such trips difficult if not dangerous. In response to this predicament, the Australian Government has amended section 48 (s48) to allow onshore applicants to lodge  applications for three popular skilled visas, even if they have already been refused another application.

The visas that can now be applied for after refusal are:

• 491 Visa - Skilled Work Regional (Provisional) visa
• 494 visa - Skilled Employer Sponsored Regional (Provisional) visa
• 190 Visa Skilled Nominated visa

The general key criteria that an EOI must satisfy are well known:

• An applicant must be internationally recognised with evidence of outstanding achievements;
• They must be currently prominent in their field of expertise;
• They must provide evidence that they would be an asset to Australia in their area of expertise;
• They must show that they would have no difficulty obtaining employment in Australia or becoming established in their field;
• They must have a recognised organisation or individual with a national reputation in the same field in Australia nominate them as global talent; and,
• They must earn a salary over the Fair Work High Income Threshold (currently AUD158,600).

However, there’s no ‘one-size-fits-all’ approach to satisfying those criteria. So, I’ll use the space below to paint a bit of a picture of what, in our experience, a successful applicant typically looks like.

Covid has made immigration to Australia hard, but things are finally starting to change.  The South Australian Government has just added 70 more roles to its Skilled Occupation List, making a total of 109 occupations now open for offshore skilled migration to SA! If you are currently offshore and looking for a way to move to Australia, this could be your chance.

如果您正在考虑全球人才签证（GTI 签证），您必须获得与您相同领域的专业人士的担保。该担保人可以代表您并且向移民局表达您在指定领域中的突出才能。这是全球人才签证GTI流程的关键部分，但经常被忽视。以下干货是关于如何寻找全球人才担保人：

Click here to read this in English