Nomination for NIV 858 visa

NIV 858 visa form 1000

The Government will implement a new National Innovation visa (858 visa), replacing the current Global Talent visa (subclass 858) from late 2024, to target exceptionally talented migrants who will drive growth in sectors of national importance.

To apply for a NIV 858 visa you must be nominated via approved form 1000:

Applicants must be nominated using an approved Form 1000. The nominator will be responsible for endorsing for the applicant’s credentials and demonstrating their suitability for the National Innovation 858 Visa.

Must be nominated

The applicant is required to produce a completed approved form 1000 (Nomination for Global Talent) at the time of application. This means that the nomination cannot change after the time of application i.e. when the application was made. This form requires the applicant’s record of achievement to be attested to by a nominator who has a national reputation in relation to the area of achievement. A nominator must be:

• an Australian citizen; or
• an Australian permanent resident; or
• an eligible New Zealand citizen; or
• an Australian organisation.

Note: Australian permanent resident and eligible New Zealand citizen are defined in regulation 1.03 of Part 1 of the Regulations.

Regulation 1.03 provides the following:

Eligible New Zealand citizen means a New Zealand citizen who is a protected Special Category Visa holder within the meaning of Section 7 of the Social Security Act 1991.

Special Category Visas only remain valid while the holder is onshore and will cease on the holder’s departure from Australia. New Zealand citizens currently overseas are therefore not holders of the Special Category Visa and are ineligible to complete a form 1000 under paragraph 858.212(2)(e).

Meaning of ‘Australian organisation’

The term ‘Australian organisation’ may be given a broad interpretation and includes any organisation registered in Australia or authorised to carry on business in Australia. It also includes an Australian organisation operating outside Australia.

Organisations operating a business in Australia will have an Australian Business Number (ABN) that is registered with the Australian Business Register. DOHA may conduct a simple search on the ABN Lookup website at https://abr.business.gov.au/ to determine the existence of the organisation.

Australian organisations that operate both in and outside Australia will have an ABN. If the organisation only operates overseas but not in Australia, to be considered an Australian organisation, it must have been established by an Australian parent company, or an Australian citizen or Australian permanent resident who continues to operate the business.

Status of nominator

In assessing the information and evidence provided by a nominator, DOHA would consider whether nominators are authorised to provide a nomination on behalf of the relevant Australian organisation. A senior position within the organisation may indicate that the individual has legal authority to act on behalf of the nominating organisation.

Nominations that have been submitted on behalf of an organisation, but made by someone without the necessary legal authority to act on behalf of the nominating organisation, do not satisfy this requirement. DOHA may need to verify the status of the nominator with the organisation, to be assured of their authorisation to act on behalf of the organisation.

National reputation

‘National reputation’ generally means an image or opinion which is held by the Australian public or Australian industry/professional community about an individual or an organisation as being a leader or innovator in their field.

A number of factors may be considered to gain insight on the nominator’s reputation, which may attribute to the credibility of the nominator’s attestation to the applicant’s achievements. These factors may include the nominator’s:

• solid track record of achievements and excellence in the relevant field;
• evidence of high calibre;
• leadership in the relevant field of expertise;
• professional associations with lead organisations and industry bodies;
• current and previous employment history;
• their leadership or noteworthy participation (such as being a keynote speaker) at conferences both in Australia and internationally; and
• their contribution to a number of international journals which would be utilised by researchers, academics and organisations undertaking work in the same field of research.

It is expected that a nominator who is a leader in their field would have a substantial record of excellence in more than one of the above factors.

National reputation qualified by association

The national reputation of a nominator may be demonstrated through their professional associations with organisations/ industry bodies renowned in the field nationally, for example:

• A senior academic (such as a professor) at a university recognised internationally for teaching excellence and cutting edge research, would be taken to have demonstrated a national reputation
• An individual nominator holding a senior position in an Information and Communications Technology (ICT) company would be assessed as having a national reputation if that company is a multi-national technology company, one of the world’s largest employers, or a leader in creating technological innovations.

When considering whether an individual nominator holds a senior position, DOHA would take into account the nominator’s relative position within the company hierarchy.

National reputation qualified by international standing

A nominator with a leading international reputation would be taken to be of national significance to Australia. This broad interpretation of ‘national reputation’ ensures that the program does not exclude Australian citizen and Australian permanent resident nominators who are currently overseas. For example, a nominator would demonstrate that they have a national reputation if they have a strong international record of achievement thereby making them reputable at a national level.