How to apply for a National Innovation (Subclass 858) visa
In December 2024, Australia introduced the National Innovation (Subclass 858) Visa, replacing both the Global Talent (Subclass 858) Visa and the Business Innovation and Investment (Subclass 188/888) Visas, aiming to streamline pathways for exceptionally talented individuals and entrepreneurs to migrate to Australia.
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Why the Business Innovation and Investment (Subclass 188/888) visas and the Global Talent (Subclass 858) visas were abolished
Business Innovation and Investment (Subclass 188/888) visas
The Business Innovation and Investment Program (BIIP), encompassing the Subclass 188 and 888 visas, was a state or territory government nominated visa program which was permanently closed in July 2024, due to concerns about the program's effectiveness and integrity.
Whilst the BIIP visas were intended to attract highly skilled and wealthy entrepreneurs to invest in Australia and stimulate the Australian economy, many BIIP visa holders contributed lesser than expected, leading to economic returns which were poorer than anticipated. As a result, new applications for the Business Innovation and Investment (Subclass 188) visa were effectively halted in July 2023, with zero (0) places being allocated for state nominations in the 2023-24 financial year, while existing Subclass 188 visa holders were still able to apply for a Subclass 188 visa in the Extension stream or for a permanent Subclass 888 visa.
The BIIP program was then abolished in July 2024 and replaced by the National Innovation (Subclass 858) visa in December 2024.
Global Talent (Subclass 858) visa
The Global Talent visa was introduced in November 2019 as a corollary to the Australian Government’s Global Talent Independent (GTI) Program, which was launched to attract highly skilled migrants in target sectors such as Agrifood, AgriTech, Energy, Defence, Advanced Manufacturing and Space, Circular Economy, DigiTech and FinTech. The Global Talent visa replaced its predecessor, the Distinguished Talent (Subclass 124/858) visas, and allowed people to submit an Expression of Interest to be invited to apply for a Global Talent (Subclass 858) visa in target sectors.
In the May 2024 Federal Budget, the Australian Government announced that the National Innovation (Subclass 858) visa would be replacing the Global Talent visa in late 2024, with a renewed focus on exceptionally talented migrants who can drive growth in key sectors, including successful entrepreneurs. The Global Talent visa was then replaced by the National Innovation (Subclass 858) visa in December 2024.
Introduction of the National Innovation (Subclass 858) Visa
The National Innovation Visa is an invitation-only visa for individuals with an internationally recognised records of exceptional and outstanding achievement in a profession, sport, the arts or academia and research, and who are nominated by an Australian citizen, permanent resident, eligible New Zealand citizen or Australian organisation with a national reputation in the area of talent.
Invitation-only Process
Prospective National Innovation (Subclass 858) visa applicants must submit an Expression of Interest (EOI) to the Department of Home Affairs with the requisite information and documentation.
Excerpts from Expression of Interest form
Selected individuals who thereafter receive an invitation to apply for the visa have up to sixty (60) days to apply for a National Innovation (Subclass 858) visa.
Must be Nominated
To apply for a National Innovation (Subclass 858) visa, you must be nominated by an Australian citizen, permanent resident, eligible New Zealand citizen or Australian organisation with a national reputation in your area of talent. This can include an Australian government agency, such as a State or Territory Government, and certain State and Territory Governments may soon be publishing their own eligibility criteria outlining the types of highly skilled migrants they may nominate for a National Innovation (Subclass 858) visa.
Exceptional and outstanding achievement
When assessing whether an individual has the high calibre talent intended for the National Innovation visa, the Department will consider achievements including but not limited to:
receipt of a national research grant in Australia or overseas indicating that the individual is ‘top of their field’ level talent, including from -
the Australian Research Council
Department of Education Accelerator grants
equivalent level grants from other countries e.g. the United Kingdom research and Innovation Grants program, funding from the EU Commission or funding from the US National Science Foundation
holding a PhD with high levels of academic influence or thought leadership in their field, including -
recent publications in top ranked journals, such as Nature, Lancet or Acta Numerica
a high h-index for their stage of career, for example an early career researcher with an h-index of 14
research-based degree from a top global university, for example ranked in top 100 World University Rankings by Times Higher Education
recent keynote appearance at a high-profile international conference, for example Web Summit, International Congress of Mathematicians, American Association for Cancer Research (AACR) Annual Meeting or International Geoscience and Remote Sensing Symposium
having recognised intellectual property attributed to them, such as holding relevant international patents
earning at or above the high income threshold (employment offer or current salary) where 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), or the applicant’s current earnings is equal to or greater than the FWHIT (currently AUD175,000 per annum and subject to indexation each year)
top of field level sports and arts awards
evidence of innovative business activities, such as Significant ‘Angel’ Investors with established track record of supporting successful innovative ventures, or having led internationally reputed companies to their Initial Public Offering
evidence of promising entrepreneurial activities that will lead to the commercialisation of a product or service in Australia or the development of a business or enterprise in Australia, particularly where linked to State or Territory based start-up incubators
actions by individuals that provide exceptional service to the Australian community, including outstanding work in establishing organisations that improve community cohesion or wellbeing of Australians
where the applicant is nominated by an Australian organisation, other exceptional achievements in the context of the supporting agency’s strategic priorities
While this is indicative of the high calibre of talent the National Innovation (Subclass 858) Visa Program is intended to target, it is a non-exhaustive list of attributes which the Department of Home Affairs is looking out for, and persons who do not have the above record of achievement may still be eligible for a National Innovation visa.
Ministerial Direction 112 and Order of Priority
The processing of National Innovation (Subclass 858) visa (NIV) applications is guided by Ministerial Direction 112, which outlines the following order of priority, from highest to lowest priority:
Priority One: Global experts who are recipients of top of field international level awards, including but not limited to -
Nobel Prizes
Breakthrough Prizes
Rousseeuw Prize
Eni Award
Institution of Electrical Engineers Medal of Honor
Fields Medal
Chern Medal
Abel Prize
L’Oreal-UNESCO Award for Women in Science
Turing Award
ACM Prize in Computing
Pulitzer Prize
International Booker Prize
International Tchaikovsky Competition Gold Medal
Olympic Gold Medal
Laureus World Sportsman or Sportswoman of the year
Priority Two: Individuals nominated by expert Commonwealth, State, or Territory government agencies.
Priority Three: Applicants with exceptional and outstanding achievements in Tier 1 sectors -
critical technologies
renewables and low emission technologies
health industries
Priority Four: Candidates with significant accomplishments in Tier 2 sectors -
Agri-food and Ag-tech
defence capabilities and space
education
financial services and FinTech
infrastructure and transport
resources
Priority Five: All other visa applications
Increasing your chances of being invited to apply for a National Innovation visa
The National Innovation (Subclass 858) visa is a highly competitive pathway for exceptionally talented individuals who can contribute to Australia’s innovation and economic growth.
Here are some steps you can take to increase your chances of receiving an invitation to apply for a National Innovation visa (NIV):
Step 1: Consult with an Immigration Lawyer
Navigating the legal requirements of the National Innovation visa can be complex. An experienced immigration lawyer can assess your eligibility, advise on the government’s current processing priorities, and help you present a compelling case to the Australian Government in both your National Innovation Visa (NIV) Expression of Interest (EOI) and your visa application. At Inclusive Migration, our immigration lawyers have extensive experience with advocating for our clients and can provide tailored advice to ensure your application meets the stringent criteria set by the Department of Home Affairs.
Step 2: Check State or Territory Nomination Requirements
While the National Innovation visa does not always require state nomination, securing endorsement from a government agency can significantly boost your chances to be invited to apply for a National Innovation visa and also accelerate the processing of your visa application. Each state and territory government may have its own specific criteria for supporting applicants in key industries that align with their economic needs, and familiarising yourself with these requirements, or seeking advice from an immigration lawyer about this can help you position yourself as an ideal candidate for nomination.
Step 3: Tailor Your Expression of Interest to Align with Ministerial Direction 112
The Australian Government prioritises applicants who can demonstrate exceptional and unique contributions to their field, to contribute to economic prosperity and innovation in Australia. Ministerial Direction 112 outlines the factors considered when assessing National Innovation visa applications, including international recognition and prominence in priority sectors. Submitting a persuasive National Innovation Visa (NIV) Expression of Interest (EOI) that highlights your achievements, industry impact, and alignment with Australia’s innovation goals is critical to improving your chances for invitation, and our immigration lawyers at Inclusive Migration can help you refine your EOI to ensure it stands out to the Department of Home Affairs.
By leveraging expert legal advice, exploring various nomination pathways, and strategically presenting your achievements in your National Innovation Visa (NIV) Expression of Interest (EOI), you can significantly improve your prospects of securing an invitation to apply for the National Innovation visa, and pre-emptively address any issues which may arise during the processing of your visa application.
To speak to our immigration lawyers about your eligibility for a National Innovation (Subclass 858) visa or about your employer-sponsored, skilled migration and family migration options in Australia, please email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message via WhatsApp at +61 490 704 775.
