The Australian Federal Government released the federal budget on 14 May 2024. The Budget reflects the Federal Government’s plan to reform Australia’s migration system as outlined in the Migration Strategy and will introduce changes to the skilled visa programs including the Global Talent Visa.
What does this mean for the Global Talent Visa?
It was announced that the Global Talent Visa (subclass 858) will be discontinued and will be replaced by a new visa called the National Innovation Visa.
What is this National Innovation Visa?
The National Innovation Visa is said to be designed to attract exceptionally talented migrants and replace the Global Talent visa and the Business Innovation and Investment visa. This new visa will provide a permanent visa pathway for the most exceptional talented migrants – such as high performing entrepreneurs, major investors and global researchers.
When will this take effect?
The Government announced that the change will be implemented from late 2024.
What will happen to the Global Talent Visa already lodged?
Transition arrangements will be in place and the Department will ensure that applicants including existing Global Talent visa applicants are supported in the application process. Existing Global Talent Visa applicants will not be adversely affected by the transition and will be assessed against the eligibility requirements/criteria applicable at the time of their application.
What will happen to the pending Expressions of Interest?
We do not have the details or confirmation yet, but we suspect that the EOIs that are undecided or that have not been finalized when the change is implemented will expire.
We suggest that those interested in applying for the Global Talent Visa- Invited pathway, should submit their EOIs as soon as they can so there is a greater chance that the EOI is decided before the Global Talent Visa is discontinued.
What if I already have received a successful EOI and have not applied for the visa yet? What will happen to my invitation?
We do not have official confirmation yet as to what will happen to the unused EOI invitations however, it is likely that the invitations will expire, and we suggest that potential applicants who had received the invitation should lodge their application as soon as they can.
What is the allocation for the Global Talent Visa for 2024/2025 Financial Year?
The Federal Budget also provides for the Migration Planning Levels. For the next financial year, 2024/2025, the number of places allocated for the Global Talent Visa has decreased to 4,000 places compared to 5,000 for the 2023/2024 financial year.
Will the new National Innovation Visa have a separate allocation from the Global Talent?
No, the National Innovation Visas granted in the 2024/2025 financial year will be counted towards the Global Talent Visa Program allocation.
What are the eligibility criteria for the new National Innovation Visa?
We do not have the details about the eligibility criteria for the new National Innovation Visa however, the Migration Review recommended that the requirement of having a nomination may be removed. Again, this is just a recommendation by the Review Panel and we will not know the criteria until the legislation and the corresponding regulations are passed.
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.
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.
FWHIT is assessed with reference to ‘earnings’ as defined by section 332 of the Fair Work Act 2009 which states:
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.
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.
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.
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.
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.
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.
All you need to know about Global Talent Visa is on this page: CLICK HERE
Immigration changes
Since the Australian Federal Labor government came into office last May 2022, they have announced a few changes to Australian Immigration law policy including changes to the Global Talent Visa.
In September 2022, the Australian Federal Government announced that the allocation for the Global Talent Visa for the 2022-23 Migration Program will be decreased from 15,000 places to 5,000. We have previously talked about this in our video which you can watch here.
Government Updates
Then in October 2022, the government released Ministerial Direction No. 100 which changes the processing priorities and provided for the prioritisation of healthcare and teaching occupations as well as offshore permanent and provisional applications. Ministerial Direction 100 also removed the priority given to the Global Talent and Business Innovation and Investment Programs.
Later in the year, the Department of Home Affairs closed the mailboxes for the Global Talent regions and announced that “In line with Australian Government priorities, the Global Talent Officer (GTO) concierge service and Global Talent Expression of Interest (EOI) prioritisation function is no longer available. Departmental Officials (Global Talent Officers) will no longer consider and endorse requests for priority processing of an EOI from individuals or agents on behalf of individuals for the Global Talent (subclass 858) visa.”
This means that the EOI candidates are no longer able to request for the support of the GTO to have their EOIs prioritised. Before this change, with the support of a GTO we were able to get successful EOI results for our high calibre clients in as little as 2 business days. EOIs that were prioritized were decided in 1-3 months’ time. Now EOIs are assessed in order of receipt, however, Hong Kong nationals and residents and candidates of extremely high calibre may still receive priority assessment.
Last February 2023, the Department of Home Affairs provided information to the migration profession in relation to the change in the role of the Departmental officers or representatives. The Global Talent Officers’ role had been changed and they are now referred to as Global Skills Attraction Officers to reflect the new focus, service and functions.
Generally, Global Skills Attraction Officers are tasked to “attract overseas skilled migrants through the permanent Migration Program to help fill critical skill shortages in Australia.” And their role is “largely promotional”. This
The Global Talent Taskforce website had also been changed and it is now Global Australia and, while still aiming to attract the best and brightest talents, is now more about attracting investments to Australia. The information about the Global Talent Program has been largely removed from the website.
Priorities
This shows the Australian government’s shift in priorities or focus, that is, that they prefer to attract overseas skilled migrants through the General Skilled Migration which includes subclasses 189, 190 and the employer sponsored visas. In line with this, the government had increased the allocations across these skilled visas. And in December 2022 extended 35,000 sc-189 invitations.
Opportunities Skills remains for the Global Talent Visa
The Global Talent Visa though would still be a good visa option for high performing individuals especially for those over 45 years old. It would also be attractive for those whose professions are not listed in the skilled occupations list, for those who do not want to or cannot get a skills assessment for their occupation and for those who do not have at least “competent English skill” required for most skilled visa as the Global Talent Visa only requires functional English.
If you are interested or if you want to check if you meet the criteria for the Global Talent Visa, you can take our free GTV assessment here
How can Work Visa Lawyers help?
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:
Many Americans fight hard for their Permanent Residency in The State and a green card. As a result, they are pondering their options.
While Canada is a geographically closer option, Australia offers a practical and attractive option for US citizens looking to move abroad temporarily or permanently.
Australia has a lot of types of visas to offer for Americans who are interested in getting an Australia permanent residency or citizenship.
In this article, we explain all possible Australian visa options available to US citizens.
1) The Subclass 462 Work and Holiday Visa
The Work and Holiday visa 462 suits young Americans aged 18 to 30. There is an ongoing review to increase the age limit to 35 years of age, but that is not in effect as yet. Other requirements for the visa are:
- You must have a Senior Secondary Certificate of Education or equivalent.
- Have approximately AUD 5000 available as travel funds
- Hold travel health insurance
- Be healthy and have no criminal records
The visa is valid for 1 year and an extension for additional 2 years is possible if you have met specific work requirements, usually in specified high-needs industries in the regional areas of Australia.
While this visa is temporary for a minimum of 1 year and a maximum of 3 years, you may be eligible to apply for other visas for further stay in Australia after that.
If you have skills or qualifications in America, you may be eligible for more visas mentioned below. Otherwise, you can start with a student visa to start your way to Australian Permanent Residency.
Overall, This working holiday 462 visa is a fabulous opportunity for young Americans to visit and work in Australia to see if they like what Australia offers.
2) Skilled Migration visas: Visa 189 Skilled Independent, Skilled Nominated Visa 190, Skilled Regional Visa 491
Post-Pandemic Covid-19, Australia needs skilled professional and technical workers. US citizens are in the right mold because of the following factors:
- Excellent English abilities
- Accredited and easily verifiable education qualifications and work references
- Easier transition to an English and Western work environment and process
The upper age limit for these skilled visas is 45 years and below. You are likely someone who has completed a tertiary qualification and has worked a few years or more.
These skilled visas are a pathway to Australian permanent residency, allowing you and your family to live in Australia for as long as you want.
Especially the skilled independent visa 189, the Australian Department of Home Affairs is doing its best effort to attract skilled people worldwide post-pandemic hit.
Recently, they have invited more than 10,000 skilled migrants to apply for this visa 189 - direct Permanent Residency of Australia.
Skilled nominated visa 190 is also an Australian PR with a direct grant, however, it could be more selective to some popular states like Victoria or NSW as this visa is state based visa with different requirements for each state.
Australia is facing a severe skills shortage, particularly in regional areas which are South Australia, Tasmania, Western Australia, Northern Territory, or even Regional Areas of metro states like Queensland, Victoria or NSW.
With this 491 Visa, you may live and work in the regional area of Australia and has a pathway to Visa 191 Permanent Residency once certain requirements (The primary one is the income threshold of 53,900 per annum) are met.
As a permanent resident of Australia, you will be eligible for social benefits including cheaper education, universal healthcare (Medicare), welfare (criteria apply) and more.
Watch this video below to understand more about Regional and Metropolitans and what incentives you might get for living and working or studying in Regional areas of Australia.
Contact Work Visa Lawyers today to find out if you are eligible for the skilled visas mentioned.
3) Employer Sponsored Visas – TSS 482 visa, PR 186 visa and RSMS subclass 187 visa
Do you work for a large multinational corporation in the United States? Does the company have an overseas office in Australia? If they do, you may look for an overseas transfer by being sponsored by the Australian office of your current employer
While this would involve the endorsement and approval from your employer, this also means that you arrive in Australia with a job in hand.
Not just being employed by a multinational corp, if you are being offered a job in Australia, you may be eligible to ask for sponsorship. Most genuine businesses in Australia can nominate foreign skilled workers.
This is reflected in the new Ministerial Direction 100 about Skilled Visa Priority Processing.
It states that Skilled Visa program and Employer sponsorship program will be prioritized and offshore skilled migrants will be favoured.
Amongst all employer-sponsored visa, TSS 482 Visa is the most popular one with pathway to Permanent Residency of Australia for certain occupations which are listed in medium and Long Term Strategic Skilled List (MLTSSL).
Watch this video to learn more how a 482 Visa can help you get PR in Australia
The team at Work Visa Lawyers can provide dedicated visa services to the individual and professional corporate services to the sponsoring company. We ensure the best interests of both the employee and employer are catered to when applying for employer-sponsored visas.
This is a fast-tracked Permanent residency visa, Global Talent Visa Australia is the most popular one during pandemic for Offshore Skilled Migrants. Work Visa Lawyers has done a lot of cases for American highly skilled persons who got Permanent Residency and moved to Australia during Covid-19.
The Global Talent visa application process is simpler, faster and more affordable than many other Australian visas, so naturally, this makes it very popular. No age limit or points is testing and it grants immediate Permanent Residency
In General, visa applicants are required to meet the following 4 core requirements to be able to apply for a Global Talent visa:
Skills in a relevant field - There are 10 targeted sectors in Global Talent Visa to fit your skills in
Internationally recognized for outstanding achievement in your field - You may use your career history or publications. GTI 858 Visa (Global talent Visa) is quite popular for PhD graduates.
Salary Income Threshold - Your annual salary income with currency exchange must meet the high income threshold of AUD$162,000 or you need to prove that you have secured a job offer with higher income than the threshold.
Nomination - You need to have a prominent nominator in your field of expertise.
5) Business innovation and investment visas – for current business owners and managers, investors and entrepreneurs
Australia welcomes successful business owners, investors, and entrepreneurs on the rise. Visas available under this category include:
The Business Innovation Visa 188a stream is unsurprisingly the most popular amongst all business visa Australia because of its lower capital requirements than the investor stream and the Significant Investor Stream. But it requires a points test, English, Business establishment experience, and more.
The Significant Investor Visa 188C stream requires none of those mentioned above; however, the investment amount is set at 5 Million Australian Dollars into Australian Complying Fund.
Business visas to Australia can be complex, and you will need a detailed assessment before applying. The experienced Registered Migration Agents at Work Visa Lawyers can assist you with the initial eligibility assessment and handle the complex visa application on your behalf in an efficient manner. Contact us today to learn more.
While the above lists the most common Australian visas for US citizens looking to move abroad, there may be other visa options including student visas, distinguished talent visas and so on. Each individual and family have their circumstances, therefore you should speak to a Registered Migration Agent to discover your options before deciding what is best for you and your family in the short and long term.
Comments by Chris Johnston – Principal Immigration Lawyer at Work Visa Lawyers
Australia is an ideal destination for US citizens looking to explore and discover a different country. The people, culture and environment are not vastly different from the United States so there will be less of a culture shock to Americans looking to move. Australian cities also consistently rank high in the top ten among the world’s most liveable cities or cities with the highest quality of life.
Work Visa Lawyers has received inquiries from new and past clients about Australian visa options to move to or remain in Australia. Get in touch with us today to speak about how Work Visa Lawyers can assist with your intentions to make Australia your temporary or permanent home.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
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.
Two years of international border closures that locked out migrants and led to labour and skills shortages across the economy makes it difficult to fathom Home Affairs Minister Clare O’Neil’s decision to cull 27 jobs from the list of occupations eligible to receive a priority skilled visa to work in Australia.
Amid the hacking of Optus, Australia is now shaking up to find highly skilled people in Cyber security and IT field and sending them to the back of the queue.
As clearly seen, during covid-19, where every single work had been shifted to online platforms and the wave of migrants and international students running out of the country, the needs of highly skilled and talented people have been raised significantly.
That opened up a new popular Global Talent Visa program, a fast tracked permanent residency of Australia pathway for skilled migrants who are recognized internationally with projects and researches.
Up until today, there have been many ups and downs regarding the popularity of the Global Talent Visa program.
Basically, this is the fast-tracked permanent residency pathway for highly skilled and talented people in the world with significant achievement in Australia’s target sectors.
There are about 10 target sectors listed for the GTI program Australia.
There is no specific occupation required for being eligible for the Global Talent Visa program.
Within the scope of this writing, we only mention the latest update that we have received on the media or during our visa application process.
Updates on Offshore applicants as the highest priority for Global Talent Visa Program
In a bid to “fix” the immigration system and address the skill shortage, the Australian government announced that it will be making some changes in the processing the Global Talent Visa.
One change that was flagged by the Home Affairs Minister, Ms. Clare O’Neil in an interview with the Australian Financial Review is the Global Talent Visa program.
Minister O’Neil said that the only candidates that would be considered are those located offshore.
With the explanation that onshore applicants may be able to find other pathways for Australian PR.
The government would like to focus more on recruiting talent worldwide.
Last program year has seen a more than 70% of GTI visas were granted to ONSHORE applicants.
However, to date, there are still no legislative, regulatory, or policy changes nor new Ministerial Directions to this effect.
We have been advised that the Global Talent Visa EOIs continue to be processed in submission order.
According to the Global Talent Visa program officers: “Government is currently revising Ministerial directions to give priority to applicants for a permanent visa where the applicant is offshore, including within the Global Talent program. This will enable more workers to enter Australia more quickly, contribute to the labor market and ease labor shortages.”
This is appropriate because most Global talent visa applicants in Australia have secured their own stable jobs.
Granting those onshore workers will not help deal with the labor shortages the country is facing.
So, for now at least, pending any policy changes, EOIs from onshore applicants are still being accepted and processed.
Global Talent Visa priority assessment order
EOIs for the Global Talent visas are usually assessed in order of receipt but some EOIs receive priority assessment. these are:
Those that have the confirmed support of a Global Talent Officer
The EOIs from Hong Kong nationals and residents
Candidates of extremely high calibre including those who meet the high-income threshold.
Those EOIs that clearly do not meet the criteria for the Global Talent Visa may receive an early unsuccessful notification.
Global Talent Visa Current processing time
It is advised by the department that they are currently processing EOIs submitted in April 2021.
With the current skills summit, the government has announced the budget to deal with the backlog.
In fact, our clients have received good turnaround time recently.
We expect that in the near future, the Global Talent Visa processing time will be decreased further.
Removal of EOI invitation expiry
One recent significant change in the Global Talent Visa program is the removal of the EOI invitation expiry.
Prior to this, EOI invitations are only valid for 12 months.
That means those who got the invitation to apply for the Global Talent Visa have 12 months to apply for the visa.
Global Talent Visa Applicants affected by the Fair Work High Income Threshold Change Starting 1 July 2023
Candidates for the Global Talent Visa should be able to demonstrate that they are currently earning an income equivalent to or higher than Australia’s Fair Work High Income Threshold or that they have received a job offer that will be paying an income equivalent to or higher than the High Income Threshold or that they have the ability to attract a salary at or above the Fair Work high income threshold.
The Fair Work High Income Threshold for the 2021-2022 financial year was AUD $158,500 per annum. This is indexed annually.
What it is that, in Australia, this is “high income threshold” the amount or threshold which limits an employee’s access to the unfair dismissal jurisdiction. Meaning if the employee earns this amount or higher, they cannot file an unfair dismissal claim against their employer unless they are covered by an award or enterprise agreement.
However, this amount is also used as a helpful and convenient guide or tool to assess an applicant for the Global Talent Visa’s caliber in their sector.
For this financial year, Australia’s Fair Work Commission raised the High Income Threshold to AUD$162,000 per annum starting 1 July 2022. This information can be found in the Fair Work Commission’s website - https://www.fwc.gov.au/high-income-threshold
What does this mean for those who already submitted their Global Talent Visa EOIs?
If you did not meet the high-income threshold requirement when you submitted your EOI, that is, you were not earning an amount equivalent to or higher than $158,500 per annum, this might mean that it will be harder for you to get an invitation.
We suspect that this is also the case for those who just reached the 2021-2022 high income threshold and who no longer meets the new amount.
What can you do?
If you have had an increase in your salary since submitting your EOI, we suggest that you update Global Talent of this if you haven’t already. You can do this by sending them an email to their general email address.
If you are one those who did not meet or were earning slightly above $158,500 but less than $162,000, then you might want to talk to your employer and request for a raise in your annual salary.
The one stumbling block for a lot of potential Global Talent Visa applicants is getting a nominator. While they may have internationally recognised achievements and are prominent in their fields, they cannot find anybody who can or will nominate them.
The nominator for a Global Talent Visa must be an Australian citizen or permanent resident or an Australian organization and MUST have a ‘national reputation’ in the same sector as the applicant.
One of the organizations that have been recognized by the Department of Home Affairs to have a national reputation and that can provide nominations to eligible applicants for the Global Talent Visa is the Australian Computer Society (ACS).
Since its introduction, the Global Talent Visa proved to be one of the most popular visas for highly skilled individuals wanting to come to Australia. When it was first introduced, the Australian Government allocated 5,000 places for the program, for this financial year (2021-2022), there are now 15,000 places under this program and will be reducing to approx 8,500 in 2022-23 program year.
It even became more popular when Australia imposed the border and travel restrictions because the Global Talent visa holders were not subject to the inbound travel restrictions because it is a permanent resident visa.
Because of its popularity, the Expression of Interest (EOI) process to get an invitation to apply for the Global Talent Visa is very competitive (read full blog about the current application numbers here) and the processing time could be longer than expected. The current processing time for Global Talent Visa post EOI lodgment could be 6-12 months depending on how exceptionally talented the applicants are.
However, the Department of Home Affairs in its September 2021 Skilled visa newsletters noted that they received many EOIs that are not within the scope of the program. The number of EOIs received would necessarily increase the Department’s workload and therefore delay the processing.
Considering the competitiveness of the global talent visa program, what do you need to do to make your EOI stand out and/or to increase your chances of getting an invitation?
In General, visa applicants are required to meet the following 4 core requirements to be able to apply for a Global Talent visa: Target sectors, Salary above the income threshold, internationally recognized for outstanding achievement and qualified Australian nominator
If you are still unsure about your eligibility, please take our free GTV assessment here!
Overview of the current Global Talent Visa program
The Global Talent visa is aimed to target high achievers in the following 10 target or priority sectors:
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
However, some sectors are more popular than others.
According to the figures released by the Department of Home Affairs, around this time last year, there were 920 Expressions of Interest (EOIs) submitted to the Department in February 2021. The sectors with the most number of EOIs submitted are:
