Global Talent visas

Last reviewed: April 2021

Authored by Cherie Wright, Special Counsel, Fragomen.

The Global Talent (Residence) (Class BX) Subclass 858 visa (previously known as the Distinguished Talent visa)
enables the permanent entry of persons with an internationally recognised record of exceptional and outstanding
achievement in a profession, sport, the arts, academia, or research.

The policy intention behind this visa category is to provide permanent residence to “outstanding individuals, who
would not qualify under other visa categories but who will make substantial contributions to the Australian
community because of their international achievements”.

Practice Tip: New Global Talent Independent program.

In December 2018, the Minister for Immigration, Citizenship and Multicultural Affairs announced a new global
talent initiative, the Global Talent Independent program. which is focused on attracting highly skilled migrants in
high growth industries. In accordance with Ministerial Direction no. 89 – Order of Consideration – Subclass 858 and
Subclass 124 visas, the current focus industries are:

• resources;

• agri-food and AgTech;

• energy;

• health industries;

• defence, advanced manufacturing and space;

• circular economy;

• DigiTech;

• infrastructure and tourism;

• financial services and FinTech; and

• education.

Applicants must be highly skilled in one of the above target sectors and be able to command a salary that meets the
Fair Work High Income Threshold (presently set at $153,600 or be a highly graded recent PhD Graduates. Access
to the program is through an Expression of Interest lodged through the Department of Home Affairs
(Department) website. To support the GTI program, in 2020 the Department launched a new Global Business and
Talent Attraction Taskforce . Skilled professionals identified under the Global Talent Program will be invited to
 Global Talent visas

apply for a Global Talent (subclass 858) visa which must be lodged through the Department’s Global Talent contact
form .

In accordance with Ministerial Direction no. 89 – Order of Consideration – Subclass 858 and Subclass 124 visas,
Global Talent visa applications lodged under this Global Talent Program receive priority processing.

Further information is available on the Department ’s website.

Eligibility

In order to be eligible for a distinguished talent visa, the person:

• must be prominent in his or her field;

• would be an asset to the Australian community

• would have no difficulty in obtaining employment or in becoming established independently in Australia in

his or her field;

• is between 18 and 55 years of age unless he or she would be of an exceptional benefit to the Australian
community;

• produces a completed approved Form 1000 which requires the applicant’s record of achievement in an
area the applicant specialises in to be attested by an Australian citizen, permanent resident, an eligible
New Zealand citizen or an Australian organisation, with a national reputation in the area item 1113(3)(b),
Sch 1. This does not apply to cases where the person is applying on the basis of having provided
“specialised security assistance” to the Australian government item 1113(3)(d), Sch 1); and

References: item 1113, Sch 1, Migration Regulations 1994 (Cth)

• meets relevant public interest and special return criteria.

The Migration Amendment (New Skilled Regional Visas) Regulations 2019 (Cth) makes the following amendments
to restrict regional provisional visa holders from making applications for prescribed visas where they have held their
regional provisional visa for less than 3 years:

• Item 1214C(3) of Sch 1 to the Regulations prescribes that where a regional provisional visa holder is
seeking to lodge a Partner Class UK Subclass 820 visa they must have held their Subclass 491 or 494 visa
for at least 3 years.

References: item 1214C(3), Sch 1, Migration Regulations 1994 (Cth)

 Global Talent visas

• Similar amendments to the Sch 2 criteria for skilled visas subclass 124, 132, 186, 188, 189, 190 and 858
specify that regional provisional visa holders must have held their Subclass 491 or 494 visa for at least
unless the satisfy circumstances specified in a legislative instrument made for the purposes of subcll
124.212(2), 132.212A(2), 186.212B(2), 188.212A(2), 189.224A(2), 190.215A(2) and 858.213(2). At the
time of writing, no Legislative Instrument has been registered for this purpose. The Explanatory Statement
to the amending regulations states that the ability to specify such circumstances recognises that “from
time to time, exceptional circumstances may arise where it may be appropriate to allow grant of the visa”.

References: Sch 2, Migration Regulations 1994 (Cth)

subcl 132.212A(2), Migration Regulations 1994 (Cth)

subcl 186.212B(2), Migration Regulations 1994 (Cth)

subcl 188.212A(2), Migration Regulations 1994 (Cth)

subcl 189.224A(2), Migration Regulations 1994 (Cth)

subcl 190.215A(2), Migration Regulations 1994 (Cth)

subcl 858.213(2), Migration Regulations 1994 (Cth)

Eligibility streams

There are three main eligibility streams that an applicant must meet: and
References: Sch 2, cll 858.212, Migration Regulations 1994 (Cth)
Sch 2, cl 858.229(2), Migration Regulations 1994 (Cth)

• Internationally recognised achievement (see Sch 2, cl 858.212(2)). This applies to persons with a record of
exceptional and outstanding achievement in a profession, a sport, the arts, academia or research.

• Security assistance (see Sch 2, cl 858.212(4)). This applies to persons who have provided specialised
security assistance to the Australian government.

• Special endorsement (see Sch 2, cl 858.229(2) — this applies to persons who have endorsed by the Prime
Minister’s Special Envoy for Global Business and Talent Attraction as being likely to make a significant
contribution to the Australian economy if granted a Subclass 858 (Global Talent) visa.

Each of these pathways are discussed below.

Internationally recognised achievement

This eligibility stream is intended for persons with an international record of exceptional and outstanding
achievement in a profession, a sport, the arts, academia or research.
 Global Talent visas

Exceptional and outstanding achievement

To meet the “exceptional and outstanding” achievement criteria under Sch 2, cl 858.212(2)(a), policy directs that
applicants should be “eminent in the top echelons of their field” and should demonstrate “extraordinary and
remarkable abilities” such that they are “superior to others in their field”. In addition, the applicant should have a
record of sustained achievement that is unlikely to diminish in the future.
References: Sch 2, cl 858.212(2)(a), Migration Regulations 1994 (Cth)

Typical documentation in support of the applicant’s record of achievement may include:

• awards or higher qualifications received from internationally recognised institutions or organisations;

• details and supporting material on sporting achievements including national and international rankings,
results in competitions or tournaments, statements from international sporting bodies, sporting scholarships
received and newspaper and magazine articles attesting to their achievements;

• details and supporting material on achievements in the arts including books published, national and
international sales achieved, awards and commissions received, galleries in which works are displayed,
scale and audience of displays held, recognition by peers, statements from international artistic bodies and
newspaper and magazine articles attesting to their achievements; or

• details and supporting material on academic and research achievements including reports commissioned,
books published, articles appearing in professional journals, magazines and newspapers, awards received,
recognition by peers and statements of achievement from government, professional, scientific or other
relevant bodies.

Internationally recognised

An important component of Sch 2, cl 858.212(2)(a), is that the achievement must be at an international level. Here,
policy directs Departmental offices to consider the:
References: Sch 2, cl 858.212(2)(a), Migration Regulations 1994 (Cth)

• international standing of the country, where the applicant’s achievements were realised, in respect of the
particular field;

• standing of the achievement in relation to Australian standards; and

• standing of the achievement in relation to international standards.

Prominence in the area

 Global Talent visas

Applicants must not only have a sustained record of achievement, but also must have current prominence in the
area to satisfy Sch 2, cl 858.212(2)(b).
References: Sch 2, cl 858.212(2)(b), Migration Regulations 1994 (Cth)

Practice Tip: The “Google” test — Departmental officers will often use the Internet to research Distinguished Talent
visa applicants with policy noting the Internet as “an important source of additional material and a method of
confirming the accuracy of any claims made” — the “Google” test. The various Internet search engines are often a
useful starting point for an agent when assessing eligibility against the criteria in Sch 2, cl 858.212(2).
References: Sch 2, cl 858.212(2), Migration Regulations 1994 (Cth)

Benefit to Australia and employability

In accordance with Sch 2, cl 858.212(2)(c), the applicant must demonstrate that their settlement in Australia will be
an asset to the “Australian community” as a whole, and not just the nominator (or indeed a particular social, cultural
or business community in Australia).
References: Sch 2, cl 858.212(2)(c), Migration Regulations 1994 (Cth)

Under policy, this is not restricted to economic benefit, but depending on the field of activity, could also include
social and/or cultural benefit to the Australian community. Such benefit would also include where the grant of the
Distinguished Talent visa would internationally raise Australia’s sporting, artistic or academic standards.

Pursuant to Sch 2, cl 858.212(2)(d), the applicant must also satisfy the Department that they would have no
difficulty in obtaining employment, or becoming established independently (ie to support themselves) in Australia
within their area of achievement. Appropriate evidence of this may include, for example, offers of employment
related to the area of achievement or evidence of sponsorships or grants intended to support the applicant in their
area of achievement.
References: Sch 2, cl 858.212(2)(d), Migration Regulations 1994 (Cth)

Nomination requirements

All applications made on the basis of the applicant’s internationally recognised achievement must be accompanied
by a completed Form 1000 . See Sch 2, cl 858.212(2)(e).
References: Sch 2, cl 858.212(2)(e), Migration Regulations 1994 (Cth)

The nominator must be an Australian citizen, Australian permanent resident, an eligible New Zealand citizen, or an
Australian organisation having national reputation relevant to the area of the applicant's achievement and who must
testify to the applicant's record of achievement.
References: reg 1.13, Migration Regulations 1994 (Cth)
 Global Talent visas

Policy indicates that the nomination should reflect the nominator’s personal knowledge of the applicant’s
exceptional and outstanding achievements in the relevant area, and should also address the standing of the
applicant in their field, particularly their standing internationally. In some cases, the Department may also consult
with the relevant peak body to verify the standing of both the nominator and the visa applicant.

Forms

© Department of Home Affairs — Form 1000 — Nomination for Distinguished Talent (PDF )

Age requirements

In accordance with Sch 2, cl 858.212(2)(f), the applicant must generally be aged between 18 and 55 years unless
he or she would be of an exceptional benefit to the Australian community (ie exceeding that normally required to
satisfy Sch 2, cl 858.212(2)(c). This concession is in recognition that in some cases, a person may not reach the
pinnacle of their career until well into their 50s or 60s when it takes years to accrue their level of expertise or to
become a specialist within their field.
References: Sch 2, cl 858.212(2)(c) and (f), Migration Regulations 1994 (Cth)

Policy indicates that it is expected that the benefit would “elevate the international standing of the particular field in
Australia”. In the case of applicants over the age of 55, the applicant must be able to demonstrate that the benefit
would be immediately realised and be ongoing in the future (ie the applicant is not proposing to retire within a few
years of their arrival in Australia). See PAM3 — MIGRATION REGULATIONS — SCHEDULES > Sch2 Visa 124 —
Distinguished Talent > THE VISA 124 MAIN APPLICANT [9.5].

In the case of applicants under the age of 18, policy indicates that such persons would be expected to be at the
very top of their field and in the case of sports persons, to be ranked in the top five internationally for their particular
age group in a sport that is:

• played in Australia and internationally; and

• included in regular international competitions such as the Olympics.

See PAM3 — MIGRATION REGULATIONS — SCHEDULES > Sch2 Visa 124 — Distinguished Talent > THE VISA
124 MAIN APPLICANT [9.3]

Specialised security assistance

The second eligibility stream is for applicants who have provided specialised security assistance to the Australian
government. Pursuant to Sch 2, cl 858.212(4) (see also item 1113(3)(e), Sch 1), the Minister must have received
advice that the applicant has provided such specialised assistance from either:
 Global Talent visas

References: Sch 2, cl 858.212(4), Migration Regulations 1994 (Cth)

item 1113(3)(e), Sch 1, Migration Regulations 1994 (Cth)

• the Minister responsible for an intelligence or security agency within the meaning of the Australian Security
Intelligence Organisation Act 1979 (Cth); or

• the Director-General of Security.

Under current policy, Departmental officers may only consider Sch 2, cl 858.212(4) to be satisfied in cases where
written advice to this effect is received from at least the First Assistant Secretary level, National Office. Such
applicants will also be considered to have satisfied those aspects of public interest criteria relating to security
assessment.

See PAM3 —MIGRATION REGULATIONS — SCHEDULES > Sch2 Visa 124 — Distinguished Talent > THE VISA
124 MAIN APPLICANT [10]

Special endorsement

On 27 February 2021, the Migration Amendment (2021 Measures No. 1) Regulations 2021 (came into effect
which amongst other amendments, created a new eligibility stream for applicants endorsed by the Prime Minister’s
Special Envoy for Global Business and Talent Attraction. The amending regulations mad the following
amendments:

Schedule 4 — Distinguished Talent (Class BX) visas — changed the name of the visa to Global Talent to reflect a
focus on the Government’s Global Talent Program, and provides for grant of the visa to applicants who are
endorsed by the Prime Minister’s Special Envoy for Global Business and Talent Attraction and who the Minister is
satisfied are likely to make a significant contribution to the Australian economy if the visa is granted.
References: Sch 4, Migration Amendment (2021 Measures No. 1) Regulations 2021
item 12, reg 1.03, Migration Amendment (2021 Measures No. 1) Regulations 2021

Item [12] — Reg 1.03

This item inserts a new definition in reg 1.03 (Interpretation) of the Migration Regulations 1994 (Cth). The new
defined term is Prime Minister’s Special Envoy for Global Business and Talent Attraction, which is defined to mean
the SES employee, or acting SES employee, who occupies, or is acting in, the position of Prime Minister’s Special
Envoy for Global Business and Talent Attraction (the Prime Minister’s Special Envoy). The position of Prime
Minister’s Special Envoy has been created by the Government to head the Global Business and Talent Attraction
Taskforce (the Taskforce). The Taskforce is a whole-of-Government body which brings together experts from
across the Commonwealth and the States and Territories as well as the private sector. It is based in the
Department of Home Affairs and the Australian Trade and Investment Commission (Austrade), and draws on
expertise from the Department of the Treasury, the Department of Foreign Affairs and Trade, the Department of
 Global Talent visas

Industry, Science and Resources, the Department of Defence, and the Department of Education, Skills and
Employment. The role of the Taskforce is to boost Australia’s efforts to identify and attract high value business and
exceptional talents to Australia to contribute to the development of the Australian economy.
References: reg 1.03, Migration Regulations 1994 (Cth)

Peter Verwer AO was appointed as the first Prime Minister’s Special Envoy in August 2020 and continues in this
role at the time the Regulations commence.

The term Prime Minister’s Special Envoy for Global Business and Talent Attraction is used in new provisions added
to Sch 1 and 2 to the Migration Regulations by Div 2 of Pt 2 of this Sch. For further details, see the notes on Div 2,
below.
References: Sch 1, Migration Regulations 1994 (Cth)
Sch 2, Migration Regulations 1994 (Cth)
Pt 2, Div 2, Migration Regulations 1994 (Cth)

This item adds a new para1113(3)(f) in subitem 1113(3) of Schedule 1 to the Migration Regulations. Item 1113 of
Sch 1 provides for the requirements for making a valid application for a Subclass 858 (Global Talent) visa
(previously the Subclass 858 (Distinguished Talent) visa).
References: subitem 1113(3), Sch 1, Migration Regulations 1994 (Cth)
item 1113, Sch 1, Migration Regulations 1994 (Cth)

New para 1113(3)(f) requires that an applicant seeking to satisfy the requirements of subcl 858.229(2) of Schedule
2 to the Migration Regulations 1994 (Cth) must have been endorsed by the Prime Minister’s Special Envoy as being
likely to make a significant contribution to the Australian economy if granted a Subclass 858 (Global Talent) visa.
New subcl 858.229(2) is inserted in Schedule 2 to the Migration Regulations 1994 (Cth) by item 17 of this Sch,
below.
References: Sch 1, subcl 858.229(2), Migration Regulations 1994 (Cth)

An endorsement of an applicant could be given by the Prime Minister’s Special Envoy, for example, to an applicant
whom he or she identifies as representing exceptional talent or having a high value business which has the
potential to create jobs and who is therefore likely to make a significant contribution to the Australian economy. An
applicant who is endorsed would then be able to make a valid application for a Subclass 858 visa for consideration
under new subcl 858.229(2).
References: Sch 1, subcl 858.229(2), Migration Regulations 1994 (Cth)

Item [16] – Subcl 858.212(1) of Sch 2

This item amends subcl 858.212(1) in Sch 2 to the Migration Regulations 1994 (Cth), to provide that at the time of
application an applicant for a Subclass 858 visa must satisfy subcl 858.212(2) or (4), unless the applicant is
 Global Talent visas

endorsed by the Prime Minister’s Special Envoy in accordance with new para 1113(3)(f) of Schedule 1 to the
Migration Regulations 1994 (Cth).
References: Sch 2, subcl 858.212, Migration Regulations 1994 (Cth)
Sch 1, para 1113(3)(f), Migration Regulations 1994 (Cth)

Subclauses 858.212(2) and (4) refer, respectively, to applicants who produced a completed Form 1000 at the time
of application or who were the subject of advice at the time of application that they had provided specialised
assistance to the Australian Government in matters of security. These provisions have been retained. The effect of
the amendment is that an applicant who is endorsed in accordance with new para 1113(3)(f) at the time of
application only has to meet the requirements of subcl 858.229(2) and other requirements of Subdiv 858.22 at the
time of decision.
References: subcl 858.212, Migration Regulations 1994 (Cth)
subcl 858.229(2), Migration Regulations 1994 (Cth)
para 1113(3)(f), Migration Regulations 1994 (Cth)
Subdiv 858.22, Migration Regulations 1994 (Cth)

Item [17] — At the end of Subdivision 858.22 of Schedule 2

This item inserts a new cl 858.229 in Subd 858.22 of Subclass 858 in Sch 2 to the Migration Regulations 1994
(Cth). The purpose of the new clause is to prescribe requirements to be satisfied at the time of decision on an
application by an applicant who at the time of application was endorsed by the Prime Minister’s Special Envoy in
accordance with new para 1113(3)(f) of Sch 1 to the Migration Regulations 1994 (Cth) (which is inserted by item 15
of this Sch, above).
References: cl 858.229, Migration Regulations 1994 (Cth)
para 1113(3)(f), Sch 1, Migration Regulations 1994 (Cth)

New subcl 858.229(1) provides that the clause applies to an applicant who, at the time of application, has been
endorsed by the Prime Minister’s Special Envoy as being likely to make a significant contribution to the Australian
economy if granted a Subclass 858 visa. The effect of the subclause is that the requirements of subcl 858.229(2)
only apply to an applicant who was endorsed by the Prime Minister’s Special Envoy at the time of application, and
not to other applicants. However, applicants who were endorsed by the Prime Minister’s Special Envoy at the time
of application must satisfy subcl 858.229(2) in order to be granted the visa.
References: subcl 858.229, Migration Regulations 1994 (Cth)

New subcl 858.229(2) provides that the Minister must be satisfied that the applicant is likely to make a significant
contribution to the Australian economy if the visa is granted. New subcl 858.229(3) provides that for the purposes of
assessing the requirement in subcl 858.229(2) above, the Minister (which includes a delegate of the Minister) must
not have regard to the fact that the applicant was endorsed by the Prime Minister’s Special Envoy as being likely to
make a significant contribution to the Australian economy if granted a visa. The effect of this provision is that in
 Global Talent visas

considering a valid application by an endorsed applicant, the Minister or the Minister’s delegate must make a fresh
assessment of the applicant’s claims, qualifications and other relevant matters and not rely on the fact that the
applicant was endorsed by the Prime Minister’s Special Envoy for the purpose of making a valid application.
References: subcl 858.229, Migration Regulations 1994 (Cth)

Schedule 5 – Application and transitional provisions – provides for the application of Schs 2 and 4, and enables the
grant of Subclass 124 (Distinguished Talent) and Subclass 858 (Distinguished Talent) visas to existing applicants
who are affected by COVID-19 related travel restrictions and are therefore unable to meet the current requirements
in relation to their location at the time the visa is granted.

Lodgment of applications

In accordance with item 113(3)(ba), Sch 1 applicants in Australia must hold:

• a substantive visa; or

• a Subclass 010 Bridging A visa; or

• a Subclass 020 Bridging B visa; or

• a Subclass 030 Bridging C visa.

Processing considerations

Pursuant to Item 1113(3), Sch 1, the application must be made in Australia by posting or delivering the application
by courier to the address specified in the legislative instrument, currently the Adelaide Business Skills Processing
Centre . Pursuant to the current Legislative Instrument (Migration (LIN 21/026: Arrangements for certain
Business Skills visas) Instrument 2021 ), certain applications can also be lodged via ImmiAccount using form
47DT (Internet). This is currently limited to Distinguished Talent visa lodged under the Global Talent Independent
program.

Checklists

© Department of Home Affairs — Distinguished Talent Visa — (Subclasses 124 and 858) Application Document
Checklist (PDF )

Forms

© Department of Home Affairs — Form 47SV — Application for Special Migration to Australia (PDF )

© Department of Home Affairs — Form 1000 — Nomination for Distinguished Talent (PDF )

Family violence provisions

 Global Talent visas

In accordance with Sch 2, cll 858.321(3) and 858.321(4), secondary visa applicants may be granted a Global Talent
(Residence) (Class BX) in circumstances where:
References: Sch 2, cl 858.321, Migration Regulations 1994 (Cth)

• any family member has been subjected to family violence committed by the main applicant; and

• the relationship between the main applicant and their spouse has ceased.

Importantly, there is still a requirement for the main applicant to be granted their Distinguished Talent visa in order
for the secondary visa applicants to be granted theirs. Family violence provisions are discussed in further detail in
the Issues common to some visas topic, specifically the Family violence provisions subtopic.

Distinguished Talent visa holders and concessions for citizenship

The Australian Citizenship Amendment (Special Residence Requirements) Act 2013 (Cth) came into effect on 22
June 2013 which provides the Minister with personal, non-compellable powers to apply alternative residence
requirements in favour of an applicant for Australian citizenship by conferral:

• who requires Australian citizenship to engage in an activity that is of benefit to Australia; or

• who is engaged in work of a specified kind which is of benefit to Australia and for which the person is
required to regularly travel outside Australia but who does not meet the residence requirements for
citizenship by conferral in the current Australian Citizenship Act 2007 (Cth).

This power may be exercised on a case by case basis to a limited number of applicants, including Distinguished
Talent visa holders, for whom the granting of citizenship would be of benefit to Australia (see s 22C Australian
Citizenship Act 2007 (Cth) and IMMI 13/056 ).
References: s 22C, Australian Citizenship Act 2007 (Cth)

End of Document