For example: the founder of a fintech company in Kuala Lumpur, which operates across several Southeast Asian countries, has won regional industry awards and spoken at international conferences many times. He has heard that Australia's 'Investor migration' has closed, and that there is a permanent visa that 'doesn't look at how much you invest'. So he asks: do I qualify? The answer depends on evidence, not titles.

What is the National Innovation visa and who is it for?

National Innovation visa (subclass 858) replaced the former Global Talent visa on 6 December 2024. It is a permanent residence visa for people with an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts, or academia and research. Target groups include global researchers, entrepreneurs, innovative investors, athletes and creatives.

Unlike the closed Business Innovation and Investment (subclass 188) visa, there is no fixed investment or turnover threshold. The regulations require that you are still prominent in your field, would be an asset to the Australian community, and would have no difficulty obtaining employment or becoming established independently in Australia. State government guidance also notes that applicants under 18 or over 55 generally need to make a stronger case.

How the Expression of Interest and invitation work

The 858 is invitation-only. You first lodge an Expression of Interest (EOI) with the Department of Home Affairs describing your field and achievements, with supporting evidence. Only after a written invitation from the Minister can you lodge a valid application, and the record you rely on must match the one stated in your invitation. Published guidance indicates that attachments generally cannot be added after an EOI is submitted and that the window to apply after invitation is short; check the Department's current settings.

The Department processes EOIs in the following priority order:

• Priority 1: people in any sector who hold international top-of-field awards;
• Priority 2: candidates nominated on Form 1000 by an Australian Commonwealth, state or territory government agency;
• Priority 3: exceptional achievement in critical technologies, renewables and low-emission technologies, or health industries;
• Priority 4: exceptional achievement in agri-food and AgTech, defence capabilities and space, education, financial services and FinTech, infrastructure and transport, or resources.

Victoria, New South Wales, Tasmania and other states offer nomination pathways that place an EOI in Priority 2, but they usually require prior, genuine engagement with a state government department on a specific project, and state nomination does not guarantee an invitation.

What evidence of exceptional achievement looks like

Assessment turns on independent, verifiable evidence, not self-description. Common types include:

• international or national awards, industry honours and rankings;
• entrepreneurs: founding and growth record, funding rounds, revenue and headcount growth, intellectual property and commercialisation;
• investors: real contribution to innovative companies (board roles, strategic support, exits), not just capital deployed;
• researchers: publications and citations, research funding, patents, international keynotes;
• independent media coverage, peer references, and remuneration that reflects international standing.

The nominator (Form 1000) and family members

An approved Form 1000 must be provided, attested by an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or Australian organisation with a national reputation in your field. The nominator should genuinely know your work and be able to speak specifically to your achievements and value to Australia. Partners and dependent children can generally be included as family members, but each must meet health and character requirements.

Processing and common mistakes

Processing times Processing is affected by invitation rounds, priority levels and the complexity of each case, and the times published by Home Affairs are updated from time to time, so check the latest official information. Common questions we see include:

• treating business success as the same thing as internationally recognised exceptional achievement;
• evidence that relies on self-description rather than third-party proof;
• a vague field, with no clear link to priority sectors;
• a last-minute nominator with a generic attestation;
• inconsistencies between the EOI and the visa application.

How a lawyer helps build your EOI

We first assess whether your achievements meet the legal standard and which sector and priority group suit you. We then turn scattered material into a clear, verifiable narrative, help identify a suitable nominator or state government channel, and make sure your EOI, Form 1000 and later application are consistent. If our assessment is that now is not the right time, we will tell you frankly and discuss Other pathways.

Pre-EOI checklist

• Is my achievement independently recognised at an international level?
• Am I still active and prominent in the field?
• Is my field a priority sector, or can I obtain government nomination?
• Do I have a nominator with a national reputation who knows my work?
• Can I explain clearly how I will become established and contribute in Australia?
• Are family members' health, character and identity documents in order?

Chua Tan Associates has practised in Melbourne since 1990. Our team includes two Law Institute of Victoria Accredited Specialists in Immigration Law, and we work in Mandarin, Cantonese and English. You can meet us in person at our Melbourne CBD office or by video from overseas. If you are considering the National Innovation visa, call 03 9602 3988 or contact us online for an initial assessment of your record and the pathway that suits it.

Related articles

• After the 188 closed: realistic options for business owners and investors
• Skilled Migration to Australia for Professionals from Asia: Subclass 189, 190 and 491 Explained
• Employer-Sponsored Visas to Australia: The Skills in Demand (482) Visa, the 186 and Expanding Your Business
• Hong Kong Passport Holders: 485 Graduate Visa and the 189/191 Hong Kong Streams Explained
• Studying in Australia with a Parent by Your Side: Student Visa 500 and Student Guardian Visa 590
• Bringing your parents to Australia: choosing between the 143, 173, 864, 870 and other parent visas
• Before you move to Australia: a legal checklist for wealthy families

This page provides general information only and is not legal advice.

This article is part of the guide: Australian immigration solicitor - See all related guides

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