For example, the founder of a Kuala Lumpur fintech company operating across several South-East Asian markets has won regional industry awards and speaks regularly at international conferences. He has heard that Australia's investor visas have closed, but that there is a permanent visa with no investment threshold. Is he eligible? The answer depends on evidence, not titles.
What is the National Innovation visa and who is it for?
The National Innovation visa (subclass 858) replaced the Global Talent visa on 6 December 2024. It is apermanent residence visafor 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 isinvitation-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 onindependent, 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 anational reputationin 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 depends on invitation rounds, priority group and case complexity, and the Department's published times change, so check current information. Common problems 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 record meets the legal standard and which field and priority group fit. We then turn scattered material into a clear, verifiable narrative, help identify a suitable nominator or state pathway, and keep the EOI, Form 1000 and later application consistent. If the assessment suggests the timing is not right, we will say so plainly 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?
Frequently asked questions
How much must I invest for the 858?
There is no fixed investment threshold. The focus is an internationally recognised record of exceptional achievement and whether you would be an asset to Australia. Investors need to show real contribution to innovative businesses, not just capital.
How long after my EOI will I be invited?
There is no fixed timeframe. Invitations depend on priority group, invitation rounds and EOI quality, and not every EOI is invited.
Is there an English requirement?
English is generally not a bar to the grant itself, but adult applicants who cannot show functional English are usually charged a second visa instalment. Check each adult's English evidence before lodging.
Can someone overseas be my nominator?
No. The nominator must be an Australian citizen, permanent resident, eligible New Zealand citizen or Australian organisation with a national reputation in your field.
Does state nomination guarantee an invitation?
No. State nomination places an EOI in Priority 2, but invitation and grant decisions rest with the Commonwealth.
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.
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This article is general information only and is not legal advice.
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