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Global Talent – FAQs

Ashton Legal is dedicated to providing our clients with the most up-to-date information. We have created a “Global Talent FAQ” page, compiled of commonly asked questions from our clients, about the Global Talent Independent Program (GTIP). We will continually be updating this page as the questions come in, so please feel free to send us your questions and bookmark this page. Don’t forget to check the page regularly for all the updated information you need about the Global Talent visa!

Including Nomination with EOI or Secure Nomination After EOI

The Departmental Procedure Instruction (which provide guidance for case officers when they assess the EOI and the visa application) talks about the importance of the Form 1000.  It is an at the time of visa application requirement, without this the application is invalid.  It is not an ‘at the time of EOI’ requirement, so legally, you don’t have to provide this.

Nevertheless, when the candidate has secured a nomination, it is a key indicator to the decision maker that the candidate would meet the following criteria:

  1. international record of achievements
  2. current prominence; and
  3. becoming an assets to Australia

As the decision makers are not experts in your claimed area of expertise, the decision whether you should receive the coveted unique identifier and whether you should be granted the visa, would be heavily influenced by the fact that you have been endorsed by an Australian expert who shares the same expertise as the candidate’s.

Of course, the decision maker would consider other evidence you include in your application.

We highly recommend candidates to include the Form 1000 as part of the EOI submission, even though it is not legally required.

Please get in touch with us should you need any assistance with securing the Form 1000 prior to the EOI submission.

What occupations are suitable under the Global Talent Independent Visa?

 

Misconception – if I have worked in an GTIP occupation, I will qualify for the Global Talent Visa – not quite so.

Many potential candidates are holders of Temporary Skills Shortage visas (subclass 482) and it is their employers’ corporate policy that they do not sponsor employees on permanent basis (even though a lot of the 482 visa holders are nominated under the medium-long terms occupations list, which can transition to the 186 visa after three years).

This is a common theme among highly skilled Information Communication Technology 482 visa holders.

Some candidates think that because they work for large company and their occupations under the 482 are related to the ICT sector, they would be eligible under the Global Talent Visa.

This is not the case.

There is no occupation list for the global talent visa, and having worked for an international company as a 482 visa holder in an ICT related occupation, on its own, does not qualify the candidate for a Distinguished Talent Visa.  The question regarding the occupation in the visa application form is only there for data collection purpose (I presume), as this does not related to any of the visa grant criteria.

The intention is to attract candidates with sustained international record of achievements in a target sector under the GTIP.  Work experience, albeit in a senior role, in an international company alone may not satisfy the international record of achievements criteria, and with the increasing number of applications being received by the Department, the competitiveness is likely to result in the threshold being increased (due to the subjective nature of the assessment for the above criteria).

Please get in touch with us if you need any assistance to ascertain your eligibility.

EOI Invitation – Processing Time

I have some candidates reaching out to us asking how long it takes for the Department of Home Affairs to assess the Expression of Interest for the Global Talent Independent Visa.

That depends on a few factors:

  1. where the candidate is located
  2. what the claimed area of expertise is
  3. how well prepared the EOI is

In our experience, onshore candidates are processed faster than offshore candidates.  Certain targeted sectors received further prioritised assessment within the already fast-tracked Global Talent Independent Programme, such as Fintech and Medtech, as they are deemed more critical/relevant by the Australian government, in the context of the advent of COVID19.

It is also important that the EOI is well documented.  In particular, it should address the sustained international record of achievement criteria so when a delegate assesses an EOI, she or he does not have to request further information from the candidate, which will inevitably delay the assessment.  Sometimes, the response to an RFI (Request for Information) are put back in a waiting queue before it is considered by the delegate.

If you need any assistance in preparing a good quality EOI, please reach out to us to book a consultation.

Global Talent Independent – When to Get A Nominator

Why do we need a nominator?

The law requires the visa applicant to be endorsed by an Australian citizen, permanent resident or eligible NZ citizen who has a national reputation in the same area of expertise as the visa applicant.

The nomination is done using a Form 1000 and this must accompany the visa application.  If it is not received at the time of the visa application, the visa application is not valid and can be refused.

How many nominations does the applicant need?

Only one – the others can be in the form of reference letters, and don’t have to be Australian citizen/permanent resident.

Should I include a nomination/Form 1000 in the EOI submission?

Although not specifically required, we think being endorsed (evidenced by a Form 1000) is strong indication to the assessor that you are considered to be of high calibre by an Australian expert in your claimed area of expertise.

Freedom of Information – EOI Processing Status (04/11/19-04/08/20)

Please refer to my linkedin post regarding the FOI outcome regarding the EOI and the Visa Grants under the Global Talent Independent Programme.

According to the data release by the Department of Home Affairs under the Freedom of Information Act,

Between 04/11/2019 – 04/08/2020, a total of 7,444 EOIs were received under the Global Talent Independent Programme.

There were 3,826 EOIs waiting to be assessed as of 04/08/2020.

Out of the 3,618 assessed, 1,105 was closed/not invited.  This is a ‘refusal’ rate of 30%.

The stats also provided a breakdown of the targeted sectors of those invited.

2020/2021 Federal Budget – Immigration Programme 2020/21 for Global Talent Visa

With the budget for 2020-21 financial year, the Hon Alan Tudge MP released the following media release:

Immigration

A carefully managed Migration Program is an important part of Australia’s economic recovery and will create jobs and bring high value investment to help Australia rebound from COVID-19.

In 2020-21 the planned ceiling for the Migration Program will remain at 160,000 places.​

The program will have a strong focus on attracting the best and brightest migrants from around the world, with a tripling of the Global Talent Independent program allocation to 15,000 places and an increase in the Business Innovation and Investment Program (BIIP) to 13,500 places. The BIIP will also be streamlined and reformed to ensure that investments are targeted at Australian venture capitals and emerging small and medium size businesses to support the economic recovery.

The Family stream plan​​ning level has been set at 77,300 places, including 72,300 within the Partner category.

While overall the government has placed greater emphasis on the family stream, most of these are people already in Australia. Of the new permanent residents coming into the country, we still anticipate that approximately two thirds will be in the skilled stream and one third from the family stream.

There will be 13,750 places allocated for the Humanitarian Program. The Government will continue to invest to improve settlement and employment outcomes for humanitarian entrants, including through previously announced reforms to the Adult Migrant English Program (AMEP), and developing a reform program for settlement services and the Community Sponsorship Program.

The Government will also offer Visa Application Charge (VAC) refunds, waivers or visa extensions to visa holders who have been unable to travel to Australia due to COVID-19. This includes waiving the VAC for Working Holiday Makers and Visitors to boost tourism once the borders re-open.

What does it mean

In the context of the Distinguished Talent Visa under the Global Talent Independent Programme – although a tripling of the quota allocated is a vote of confidence in the programme by the government, it is important to note that this includes all secondary applicants, and we consider that it will continue to become more and more competitive as the government promotes this programme across the globe.

We urge suitably qualified client to submit a well documented EOI, supported by strong evidence, to maximise the chances of securing a Unique Identifier, and subsequently the visa grant.

If you need any assistance, please get in touch with us :  info@ashtonlegal.com.au – please email us your CV for a complimentary preliminary assessment.

What happens after I get the Distinguished Talent Visa (124/858)?

If you are in Australia 

You are now a permanent resident of Australia.

If you are outside Australia

You and other visa holders should make the ‘initial entry’ to activate your permanent residency. You should note the ‘first entry’ date on your visa grant letter.  Given COVID19, the Department is being more flexible, however, if you are not able to enter Australia before the ‘first entry’ date, it would be prudent to reach out the the visa processing section for further guidance.

Child born to Australian permanent resident 

If a child is born to an Australian permanent resident parent and the child is born onshore, the child will become an Australian citizen by birth.  If the child is born offshore to an Australian permanent resident parent, she or he must apply to become an Australian permanent resident though a child visa.

Becoming an Australian citizen 

A permanent resident visa holder (124/858) is eligible to apply for Australian citizenship after meeting

  1. residence requirement; and
  2. character requirement

This means there is no consideration in relation to  health as the case was when you apply for the permanent resident visa.

Child born to Australian citizen

Child born to an Australian citizen parent offshore can apply to become an Australian citizen by descent.

If you have any questions, please contact us.

How long does it take to assess Global Talent EOI? EOI Processing time.

One common question we have from candidate is how long it is now taking for the EOI to be assessed – EOI Processing time.

EOI processing time would depend on a few factors:

  1. location of the candidate – onshore applicants usually get faster assessment.
  2. what target sector is the candidate’s expertise in.
  3. whether the candidate’s credential has a ‘wow’ factor
  4. if there is any reason for urgent assessment
  5. the quality of the EOI, i.e., whether a delegate can make a decision without asking for additional information (Request for Information)

We have candidate’s EOI approved within three business days of submitting (in August 2020) but also EOIs which had been submitted in June still awaiting outcome.

Given the popularity of the Global Talent Visa Programme, immigration receives a increasing volume of EOIs.

Further, given there is a quota allocated to the each visa subclass, the Department will not be granting all the applications in one go to prevent the quota being exhausted very shortly after the start of the programme year.

Please contact us for detailed advice.

Why is Global Talent visa the best visa that is available now?

The Global Talent Independent visa is a direct, one-stop, pathway to Australian permanent residency (PR) and is under the Minister’s directive for priority processing. At the moment, it is the fastest way to get PR. Additionally, and unlike the General Skilled, Employer Sponsored or Business Investment visa pathways, there are no points test, skills assessments, or mandatory English or work experience requirements. This makes the GTIP the quickest and most efficient pathway to Australian permanent residency. This program, however, is only currently available until 30 June 2021, so act fast! If you think you may qualify, get in contact with Ashton Legal for a thorough consultation and assessment of your eligibility now!

What if I’m currently earning less than AU$153,600?

Current earning is only an indicator about your earning potential, we will work with you to demonstrate to the delegate that you do have the potential to meet the salary threshold of AU$153,600. Please book a consultation with us if you require assistance meeting the salary threshold requirement.

How long does it take to receive a Unique Identifier from the DOHA?

Get a good quality Expression of Interest (EOI) in early!  There are no statistics on the number of EOIs received, however, given the effort of the government promoting this programme, and the time it is now taking for EOI to be assessed, it is safe to presume an increasing number of EOIs are received. At the moment, you can expect the EOIs to be allocated to a delegate for assessment within 4 months of submission. Ashton Legal will assist in preparing a well-documented EOI, supported by evidence, to demonstrate your ability to meet the priority process requirement under the Global Talent Intendent Visa. Don’t risk an EOI being refused outright because the assessing officer deems it to be too weak. Get in contact with us and we will help ensure you have the best possible chance to receive a Unique Identifier.

If I am not eligible under the Global Talent stream (GTIP), should I/can I still apply under the normal Distinguished Talent visa?

Yes. If you fall short of the Global Talent requirements but you may still be eligible under the normal Distinguished Talent visa criteria, Ashton Legal will make this determination and advise you accordingly. We will assist you in with the process. Please get in contact with us for more details.

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