Global Talent Visa News

How is ‘high income’ assessed for the Global Talent Visa?

We have assisted (and currently assisting) a number of successful Global Talent Visa (GTV) applicants, and we get a lot of enquiries about it. One of the most frequently asked questions related to their income, i.e, they receive a basic salary and gets awarded company shares or bonuses, or they own the business and receive a minimum salary but receive dividends. Would their salary be assessed as equivalent to or higher than Australia’s Fair Work High Income Threshold (FWHIT)?

This issue was, previously, made more confusing when the Global Talent Visa EOI webform states that "Income includes salary, commissions, allowances, bonuses, investment dividends and other sources of personal income. For foreign income, calculate the Australian dollar amount using current exchange rates."   This has now been changed.

When submitting an Expression of Interest (EOI) for the Global Talent Visa it is important to address that the applicant meets the salary requirement otherwise the EOI will most likely not be successful.

For those not familiar with the Global Talent Visa (subclass 858), it is a visa designed to attract high-performing, highly skilled and talented individuals working in particularly target sectors of Digitech, FinTech, Agri-food and AgTech, Health Industries, Defence, advanced manufacturing and space, Circular Economy, Resources, Energy, Infrastructure and tourism and Education.

 

Read more about the Global Talent Visa

 

“Earnings”

Ministerial Direction 89, give directions in relation to the processing of the Global Talent visa and gives the highest priority to applications submitted in relation to the above-mentioned sectors and where the primary applicant’s current earnings are an amount equal to or greater than the FWHIT or the applicant has received a job offer from and Australian employer with an annual salary equivalent to or higher than the FWHIT or there is evidence that the applicant is likely to attract a salary equal to or higher than FWHIT.

 

Australian money

 

FWHIT is assessed with reference to ‘earnings’ as defined by section 332 of the Fair Work Act 2009 which states:

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Global Talent Visa Update Late 2023

Opportunity for you in the Global Talent Visa:

We’ve been working actively with the Global Talent Visa since it was introduced in November 2019. There have been quite a few changes in relation to the Department of Home Affairs' approach to the Expression of Interest and the Global Talent overall priority. It is no longer the top priority, which has gone to Nurses and Teachers through Direction 100.

The Global Talent Visa is taking longer, but there are still plenty of success stories. It is still a good option for those looking to go straight to Australian PR without needing to do a Skills Assessment, especially for those who are over 45 years old. 

I want to give you an update on what’s been happening lately.

Read more about the Global Talent Visa

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Expressions of Interest:

Expression of Interest is the toughest of the two stages. The need to demonstrate prominence and achievements in your field and earning capacity of at least the FWHIT currently AUD 167,500 are centrally important.

Some Expressions of Interest still receive priority; for example, we recently got priority for our client whose professional experience is in the area of education.

However, fewer priorities are being given, and overall, you would expect the Expression of Interest stage to take 6 to 12 months.

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Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024

The migration allocations for the year ending 30th of June 2024 have zero allocations for Business and Investor Visas. That signifies that there are no Business or Investor Visas available for this year, as illustrated in the chart below.

zero business

This means it will not be possible to get a state nomination for any of the four streams of the Business and Investor Visa Program. 

The four streams of the Business Innovation and Investor Programme (BIIP) are:

  • Business Innovation stream
  • Investor stream
  • Significant Investor stream
  • Entrepreneur stream

 Why did they close the Business 188 visa?

The Parkinsons’ Migration Review Final Report had several negative comments about the Business Innovation and Investor Programme. These negative comments included that the overall age of business Visa applicants is higher than other visas and that this could cause high medical expenses. Further, there were comments that 188 Visa holders had low incomes while in Australia.

In relation to the income point, we argue that this was based on accurate information that underestimated the range of income generated by Business Visa holders, including through their business and personal. 

The migration review also recommends revisiting the allocation of places across the permanent skilled program. In particular, it suggests reconsidering the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.

Other visa options

If you do not want to wait until new Business and Investor Visas are announced, you may consider the Global Talent Visa. 

To learn more about the Global Talent Visa and to explore your immigration options, please visit: https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

New Investor Visa opportunities coming from July 1, 2024

The Migration Review Final Report did mention some positive contributions by their Significant Investor Visa and suggests consideration be given to whether the BIIP is retained as a substantial program.

We expect a redeveloped version of the Significant Investor Visa to be introduced from 1 July 2024. 

Business Visa Australia

On page 66 of the report, there are suggestions that consideration should be given to whether the BIIP is retained as a substantial program: “We note that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP. If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.”

It is expected that the new investor Visa will be similar to the current significant investor Visa and may require: 

  • $5000,000 investment into a complying investment
  • Complying investments are yet to be determined by the federal government and may include a stipulated percentage of investment into venture capital.

 

While the 188 Business Innovation and Investment visa is a temporary visa, visa 188 holders can apply for permanent residency through the subclass 888 Business Innovation and Investment visa. Click here to discover more about the 888 Visa.

If you intend to invest in Australia, we can help you find the best Australian business visa options. Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you. If you are interested in a Significant Investor Visa for Australia, please contact us.

 

Sources:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

 How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a visa application.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world. You can book an appointment online or call us at (+61) 8 8351 9956.

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Australian Government puts the brakes on the Global Talent Visa

When the Global Talent Visa subclass 858 was first introduced it was touted as the fast-track, streamlined pathway to permanent residency for highly skilled, highly paid professionals to move to Australia. And indeed, it was, qualified applicants got their visas within a short time.

EOIs with the support of the Global Talent Taskforce officers are being actioned quickly and the visa processing was prioritised, and applications were finalised within a few weeks or in less than a month. At its peak in early 2020, the GTV whole process was taking 2- 5 months.

However, since late last year, the Federal Government has put the brakes on the Global Talent Visa. The whole GTV process could now be expected to take 18 to 29 months.

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Re-prioritisation or de-prioritisation?

The priority of the Australian Government has shifted to other skilled visas such as the Skilled Independent visa (subclass 189) wherein 35,000 invitations were issued in December 2022.  

The Department’s resources were also reallocated to reduce the visa processing times of other skilled visas and priority were given to critical sectors like healthcare and education.

While the allocations for the Global Talent Visa have been kept to 5,000 places for the 2023-2024 financial year which is the same allocation for 2022-2023, this is significantly lower than the previous allocation of 15,000 places for the 2021-2022 financial year.

 

Longer processing times for the Global Talent Visa

EOIs now take about 3-6 months if prioritised and 12-18 months if not. Applicants who lodged their applications from late November 2022 onwards are expected to wait 6-11 months for their applications to be finalised.

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Source: Department of Home Affairs, https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/global-talent-visa-858  extracted 21 July 2023

 

Government Applies GTV Criteria More Strictly:

With the popularity of the program, it has become more competitive, and the Department is more stringent with their requirements.

For a successful EOI, it is very important to provide evidence of the EOI candidate’s international record of exceptional and outstanding achievement applying for the Global Talent visa seeking priority on the basis that they:

  • work in one of the future-focused sectors: and
  • have written communication from an Australian employer offering employment with an annual salary equal to or higher or evidence that they are likely to attract a salary equal to or higher than the High income threshold amounts in Australia.

 

Rise in the GTV Income - Fair Work High Income Threshold

The High Income threshold amounts referred to above is the amount set by the Australian Fair Work Commission. It is currently set at AUD167,500 and is adjusted every year on 1 July.

Those who lodged their EOI before 1 July 2023 and who have not received any response from the Department yet would have to meet this new High Income Threshold.  If the EOI candidate’s salary just met last year’s threshold of $162,000, they must prove that their salary had been increased and meets the current threshold or provide evidence that they have an offer of employment in Australia with a salary equal to or over the High-Income Threshold otherwise, their EOIs will not be successful.

 

Future of the Global Talent Visa?

The Global Talent visa has been a program of the former Morrison government where the government allocated significant resources. It is reported that the program would cost Australia $13 million to establish.

It however had been severely criticised. The criticisms included, the program falling short of its targets; the subjectivity of the criteria for the grant of the visa and the granting of visas to applicants who are already in Australia and who were going to migrated to Australia anyway and therefore was not in line with the program’s objective of attracting the “best and brightest” and the “high-value businesses and exceptionally talented individuals to Australia along with their ideas, networks and capital.”

There had even been fears about the possibility of the Global Talent Visa being scrapped altogether. However, the Review of the Migration System released in May 2023 did not recommend for the abolition of the program and instead recommended reforms such as improving the clarity of the criteria and removing the need for a nomination. This indicates that the Global Talent Visa will be continued, albeit changed.

 

Our Experience: Rare Exceptional Talent from Universities and Tech Giants

While it is understandable that the Global Talent Visa program needs to be improved, we believe that the government’s approach to it is not understandable considering the current global war on talent and Australia’s aim to attract and retain highly educated and highly skilled workers vis-à-vis the skilled shortage.

We have assisted hundreds of global talent visa applicants in the last four years. From our experience the applicant’s often work for global tech giants and leading universities.

Prior to the Global Talent Visa, we were not seeing any applicants through the GSM process from leadership positions in tech giants.

The average income of GTV of applicants would be at least $70,000 higher and often $200,000 to $300,000 higher than GSM applicants.

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Warning – Australia Will Stop Attracting the Top Talents:

The present blowout of processing times will make the Global Talent Visa unattractive to most global talents.  Waiting over two years for a visa is not attractive to Global Talents and these applicants will just go to the UK or Canada instead.

We encourage the Government to re-priorities Global Talent Visas through an updated Directive or Instrument.

We believe that eligible global talents have a place in Australia’s future and the process of getting them to choose and come to Australia should be made easier or risk the chance of losing these talents to other countries who are more accommodating and receptive.

***

Click here to learn more about the Global Talent Visa. 

How can Work Visa Lawyers help?

If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

  • your eligibilityfor a Global Talent Visa
  • documents to demonstrate your skills and ability to attract the FWHIT salary

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

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

You can book an appointment online  or call us at (+61) 8 8351 9956.

 

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

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Seven Australian Visa options for people that are over the age of 45!

Are you over the age of 45 and considering migrating to Australia?

 

The Australian visa system offers several options specifically tailored for individuals in your age group. In this article, we will explore seven visa pathways that could open doors to work, live, or reunite with loved ones in Australia. From employer-sponsored visas with relaxed age restrictions to family-related pathways and investment opportunities, there are diverse options to suit your circumstances. Join us as we delve into the details of each visa, highlighting key requirements, concessions, and benefits. Please note that while this information provides a helpful overview, it is crucial to consult with an immigration lawyer or registered migration agent to obtain accurate and up-to-date advice based on your specific situation. Let's embark on this exploration of Australian visa options for individuals over the age of 45 and uncover the possibilities that await you.

 

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Please check now the 7 Visa option below:

 

  1.  DAMA Visa.

The Designated Area Migration Agreement, or DAMA, is an employer-ponsored visa program that allows businesses in specific regional areas of Australia to sponsor skilled workers. Unlike other visa programs, the DAMA Visa has relaxed age restrictions, making it an attractive option for individuals over 45 but under 55. If you have can secure a relevant employer in designated regional area, this could be a viable pathway for you.

One of the notable concessions of the DAMA Visa is the relaxation of age restrictions. Unlike many other visa programs, the DAMA Visa can have an age concession for some occupations up until the age of 55.


In addition to age concessions, the DAMA Visa also offers salary concessions. The DAMA allows employers in designated areas to pay a salary that is below the Temporary Skilled Migration Income Threshold (TSMIT) which from 1 July 2023 will be $70,000. This means that employers can offer a slightly lower salary to sponsored individuals compared to other visa categories.

Another advantage of the DAMA Visa is the expanded list of skilled occupations available for sponsorship. The DAMA provides access to additional occupations that are not on the standard list of eligible skilled occupations for other visa programs.

These concessions and benefits make the DAMA Visa an attractive option for individuals over 45 who are looking to migrate to Australia and work in specific regional areas. If you have a job offer in a DAMA-designated area and meet the skill requirements, I highly recommend considering the DAMA Visa as a pathway for your migration.

This script provides an overview of the DAMA Visa and its concessions for individuals over 45. It is important to consult with an immigration lawyer or a registered migration agent to obtain accurate and up-to-date information based on your specific situation.

 

  1. Global Talent Visa.

The Global Talent Visa is designed for individuals who possess exceptional talent or have outstanding achievements in specific target sectors. The target sectors are mostly tech focussed and are listed on screen.

The standard requirements  for the GTV apply up until  the age of 55.

After the age of 55, you must be of exceptional benefit to the Australian community. If you have the skills and experience that Australia needs, the Global Talent Visa might be the right choice for you.

 

  1. 482 Visa.

The Temporary Skill Shortage Visa, commonly known as the 482 Visa, is an employer-sponsored visa that allows skilled workers to work in Australia for a temporary period. While there is no specific age restriction for this visa, it is important to note that sponsors need to demonstrate that they cannot find a suitable Australian worker for the position. If you have a sponsor and meet the skill requirements, the 482 Visa could be an option for you.

 But the 482 is only a temporary visa.  But in limited circumstances, it can lead to PR for those over 45.

 

  1. 186 Visa

The Employer Nomination Scheme or 186 visa can lead to PR for people over 45 in a limited number of circumstances.

There is an exemption for those earning a salary over the Fair Work High Income Threshold for three years straight.

There is an exemption for some occupations including Lecturers and scientists working for the government.

There is an exception for medical practitioners working in regional areas for at least two of the last three years.

 

  1.  Partner Visa.

The Partner Visa category allows individuals who are in a genuine and committed relationship with an Australian citizen or permanent resident to apply for a visa. Unlike other visa options, there is no age limit for the Partner Visa. If you are in a relationship with an Australian partner and can demonstrate the genuineness of your relationship, this pathway could be the right fit for you.

 

  1.  Parent Visa.

The Parent Visa category is available for individuals who have children who are Australian citizens or permanent residents. While there is no age limit for this visa, it is important to note that there can be significant processing times and financial requirements associated with this pathway. If you have children who are Australian citizens or permanent residents, the Parent Visa might be worth considering.

 

  1. Significant Investor Visa.

 

The Significant Investor Visa is a pathway for high-net-worth individuals who are willing to invest a substantial amount in Australia. To be eligible for this visa, you must have at least 5 million Australian dollars to invest in approved investments. Age is not a limiting factor for the Significant Investor Visa, making it an attractive option for individuals over 45 with significant financial resources.

 

Watch the video now:

 

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.

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