How Do I Know if I’m Qualified for a National Innovation Visa (subclass 858)? - Ministerial Direction 112
How Do I Know if I’m Qualified for a National Innovation Visa (subclass 858)?
Ministerial Direction 112 provides policy guidance on assessing whether a National Innovation Visa (NIV) (Subclass 858) applicant has a record of ‘exceptional and outstanding achievement’ in their area. It also sets out the priority that should be given to different categories of applicants so that higher-priority applications are processed quickly.
There are 5 priority categories:
Exceptional applicants who are global experts and recipients of top-of-field international awards
Nobel Prizes
Olympic Gold medals
Pulitzer Prizes
Other highly recognised international prizes
Applicants nominated by an expert Commonwealth or State or Territory Government agency
Applicants in tier 1 priority sectors
Critical technologies
Renewables and low-emission technologies
Health industries
Applicants in tier 2 priority sectors
Agri-food and ag-tech
Defence capabilities
Space capabilities
Education
Financial services and FinTech
Infrastructure and transport
Resource industries
Other applicants
What are the factors that determine the eligibility for Subclass 858?
The factors that will be taken into account when determining whether an applicant has exceptional and outstanding achievements include:
National research grants recognise that they are top-level talents in their field
Holding a PhD and having a high degree of influence in their field
Presenting keynotes at key international conferences
Having well-known IP
Earning at least the high-income threshold or having an offer for a job that will pay above the high-income threshold
The high-income threshold is calculated according to the steps under regulation 2.13 of the Fair Work Regulations 2009 (Cth)
The high-income threshold is indexed annually and is listed on the Fair Work Ombudsman website – it is currently set at $175,000 for the 2024-2025 financial year
Other achievements such as:
Top awards in a sport or art
Innovative business activities – angel investing (individuals who help fund start-ups similarly to a venture capital firm) and leading well-known companies to their IPO are examples of such
Evidence of Promising Entrepreneurial Activities
Exceptional service to the community – establishing organisations that help the community
Any other information that is either provided by the applicant or known to the decision-maker, whether or not it is favourable for the applicant
How Can Agape Henry Crux Help
Learn more about the National Innovation Visa (NIV) (subclass 858) and review if you meet the visa’s eligibility. Contact our team of immigration lawyers and migration agents at Agape Henry Crux. The team specialises in handling highly complex matters and works together with 2 of our Accredited Specialist Immigration Lawyer(s). You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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