Australian Distinguished Talent Visa (Subclass 124 & 858)

The Distinguished Talent Visa (subclass 124 or 858) is a permanent visa for people with a history of excellence in an eligible field.

• To apply, you must have an internationally recognised record of exceptional and outstanding achievement (and still be prominent) in a profession, a sport, the arts or academia and research
• be nominated by an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or Australian organisation with a national reputation in relation to your area of talent

This is a Permanent Residence visa and holders can:

• work and study
• stay in Australia permanently
• sponsor eligible relatives for permanent residence in Australia
• if eligible, become an Australian citizen
• enrol in Australia’s public health care scheme, Medicare
• sponsor your relatives to come to Australia
• travel to and from Australia for 5 years

Where can you apply ?

• SC 124 visa: You can be in or outside Australia when you apply for the visa, but you must be outside Australia when we decide on your application.
• SC 858 visa: If you will be inside Australia when we decide on your visa application, you could apply for the Distinguished Talent visa

Requirements:

Be internationally recognised with a record of achievement

You must be internationally recognised with a record of achievement in:

• a profession
• a sport
• the arts, or
• academia and research

Your achievements must be exceptional and outstanding. This means you:

• are currently prominent in your field
• have superior abilities to others in your field
• are acclaimed as exceptional in any country where your field is practised
• have a record of sustained achievement that is unlikely to diminish in the future

You must also participate in a field that:

• is recognised and accepted in Australia
• has international standing
• You must have been prominent in this field in the past 2 years.

You must be of benefit to the Australian Community:

• economic
• social
• cultural, or
• to raise Australia’s academic, artistic or sports standing internationally
• You must contribute to the nation as a whole.

You must be nominated

• You must be nominated to apply for this visa. Your nominator must also meet our criteria.
• Your nominator must be an Australian citizen, Permanent resident, Eligible New Zealand citizen or an Australian organisation with a national reputation in the same field as you. Where appropriate, the nomination should come from the peak Australian body.

Age:

• If you are under 18 years old or you are aged 55 years or older when you apply, you must be of exceptional benefit to the Australian community.

Other:

• Meet the health criteria
• Meet the character requirements

Australian Employer Nominated Visa Categories – 186, 482 / TSS

Employer Nominated Stream (ENS visas) – 186 and TSS 482 Visas  – This visa lets skilled workers, who are nominated by their employer, live and work in Australia on a permanent or temporary basis

The following is a brief overview of the ENS stream.

Note that the criteria and requirements are complex, and you should not apply unless you have received professional advice on your eligibility

For a personal assessment, and specific advice on your options for one of the employer sponsored / nominated visas, and to receive professional advice on the steps you need to follow, including the skills assessment criteria, Register with us

Subclass 491 Visa (Invited Pathway) – Provisional Residence State Sponsored Visa (Skilled Visa) for Australia

The 491 visa is a skilled (points tested and invited) visa for applicants that are sponsored by a state or territory government (or eligible family), and that intend applying for a provisional residence visa (as a pathway towards Permanent Residence)

* a holder of a 491 visa signs an undertaking to reside in the sponsoring state or territory for the first 3 years after taking up residence, and must live and work in that designated area for 3 years as requirement to then apply for a permanent residence visa

KEY POINTS

• You must be invited to apply for the visa
• You must lodge an EOI
• You will need to be nominated by an Australian state or territory or sponsored by an eligible relative
• You must be under 45 to be invited
• The Pass Mark (points Test): you need a minimum of 65 points (including state sponsorship points which adds 15 points)

Visa Type: Provisional (Temporary) Residence

Processing time (for the visa stage):

• 75% of applications: 7 months
• 90% of applications: 8 months

Application Details

Holders of a 491 visa can:

• stay in Australia for up to 5 years
• live, work and study in a specified region of Australia
• travel to and from Australia as many times as you want, while the visa is valid
• For skilled workers who want to live and work in Australia
• You can bring your family
• If you get this visa, you might be able to apply for the Skilled Regional (Permanent) visa (subclass 887)

How do you apply ?

• You have to have a Nominated Occupation for Australian Skills Visa on the relevant skilled occupation list list AND on the specific state’s occupation list (and fully satisfy the criteria for that occupation)
• You can apply offshore or onshore (unless you have a condition on your visa prohibiting you from making an application in Australia eg. a 8503 condition)

This is a 4 step application

1. You have to pass a skills assessment by a relevant skills assessment authority
2. Then submit an EOI
3. Then be invited to apply for state sponsorship, and when invited, apply for state sponsorship  OR if sponsored by eligible family then have the sponsorship in place (note eligible family must reside in a designated area in order to sponsor, and be settled permanent residents or Australian citizens)
4. Then, when invited to apply (you get an immediate invite to apply from the DoHA when then state approves your sponsorship), apply for your visa within 60 days

You must satisfy other criteria such as:

• Character requirements
• Medical and Health Requirements for Australian Visa
• English Language requirements
• Recent work experience criteria
• If you are 18 years of age or older, you must:have read, or had explained to you, the Life in Australia booklet and
  confirm you will respect the Australian way of life and obey Australian laws when you sign or accept the Australian Values Statement.

Note however that many applications will realistically only receive an invite if you are able to claim high points AND meet state specific criteria

Subclass 190 visa – State Sponsored Visa (Skilled Visa) for Australia

The 190 visa is a skilled (points tested and invited) visa for applicants that are sponsored by a state or territory government, intend applying for a permanent residence visa

* a holder of a 190 visa signs an undertaking to reside in the sponsoring state or territory for the first 2 years after taking up residence

KEY POINTS

• You must be invited to apply for and then approved for state sponsorship
• You must lodge an EOI 
• You must be under 45 to be invited
• The Pass Mark (points Test): you need a minimum of 65 points (including state sponsorship points which adds 5 points)

Visa Type: Permanent Residence

Processing time (for the visa stage):

• 75% of applications: 6 months
• 90% of applications: 8 months

Application Details

Holders of a 190 visa can:

• stay in Australia permanently
• work and study in Australia
• enrol in Medicare, Australia’s public health care scheme
• sponsor your relatives to come to Australia
• travel to and from Australia for 5 years
• if eligible, apply for Australian citizenship

How do you apply ?

• You have to have a Nominated Occupation for Australian Skills Visa on the STSOL list AND on the specific state’s occupation list (and fully satisfy the criteria for that occupation)
• You can apply offshore or onshore (unless you have a condition on your visa prohibiting you from making an application in Australia eg. a 8503 condition)

This is a 4 step application

1. You have to pass a skills assessment by a relevant skills assessment authority
2. Then submit an EOI
3. Then be invited to apply for state sponsorship, and when invited, apply for state sponsorship
4. Then, when invited to apply (you get an immediate invite to apply from the DoHA when then state approves your sponsorship), apply for your visa within 60 days

You must satisfy other criteria such as:

• Character requirements
• Medical and Health Requirements for Australian Visa
• English Language requirements
• Recent work experience criteria

• If you are 18 years of age or older, you must:

  have read, or had explained to you, the Life in Australia booklet and
  confirm you will respect the Australian way of life and obey Australian laws when you sign or accept the Australian Values Statement.

Note however that many applications will realistically only receive an invite if you are able to claim high points AND meet state specific criteria

Subclass 189 Visa (Skilled Visa) for Australia

The 189 visa is a skilled (points tested and invited) visa for applicants that are not sponsored by an employer, and intend applying for their own skilled independent permanent residence visa

a holder of a 189 visa is free to live and work anywhere in Australia.

KEY POINTS

• You don’t need a sponsor (no state or family sponsorship applies)
• You must be invited to apply (EOI)
• You must be under 45 to be invited
• The Pass Mark (points Test): you need a minimum of 65 points 

Note however that many applications will realistically only receive an invite if you are able to claim 70, 75 or even 80 points.

Visa Type: Permanent Residence

Processing time (for the visa stage):

• 75% of applications: 6 months
• 90% of applications: 8 months

Application Details

Holders of a 189 visa can:

• stay in Australia permanently
• work and study in Australia
• enrol in Medicare, Australia’s public health care scheme
• sponsor your relatives to come to Australia
• travel to and from Australia for 5 years
• if eligible, apply for Australian citizenship

How do you apply ?

• You have to have a Nominated Occupation for Australian Skills Visa on the MLTSSL list (and fully satisfy the criteria for that occupation)
• You can apply offshore or onshore (unless you have a condition on your visa prohibiting you from making an application in Australia eg. a 8503 condition)

This is a 3 step application

1. You have to pass a skills assessment by a relevant skills assessment authority
2. Then submit an EOI
3. Then, when invited to apply, apply for your visa

You must satisfy other criteria such as:

• Character requirements
• Medical and Health Requirements for Australian Visa
• English Language requirements
• Recent work experience criteria

• If you are 18 years of age or older, you must:

  have read, or had explained to you, the Life in Australia booklet and
  confirm you will respect the Australian way of life and obey Australian laws when you sign or accept the Australian Values Statement.

Quick Overview of an Australian Skilled Visa Application

Points tested Australian Skilled Visas subclass 189, 190 and 491 visas

Immigration Library facts and information

• Subclass 189, 190 and 491 side by side comparison 
• Read more about a subclass 189 skilled permanent residence visa
• Read more about a subclass 190 skilled permanent residence visa
• Read more about a  subclass 491 skilled provisional residence visa

GSM (General Skilled Migration) Visa Applications are a 3 Step Process

You must complete step 1 before step 2, and can only get to step 3 (the visa application) following step 2

Typical things you need to do and have ready

1. Complete your English test (must be done for you to lodge an EOI)
2. Ensure that you can verify and evidence all your claimed employment
3. Have all your ID documents ready e.g. passport, unabridged birth certificates, marriage / divorce documents, ID documents, drivers licences etc
4. Have copies of all your qualifications, including transcripts

The basic criteria to apply for a GSM (general skills migration) visa

Age

• You should ideally be under age 45 at time of application for a skills based visa (employer sponsored visas can be applied for when you are over 50 but conditions apply).
• You can claim points for age up to age 44.
• The only realistic option for applicants over 45 would be the employer sponsored or regional employer sponsored pathways (or business stream/ investors etc)

Nominated occupation

• You must be able to nominate an occupation on the STSOL or MLTSSL (skills occupation lists)
  • MLTSSL occupations requires state sponsorship in order to apply for a visa (the state governments support occupations on the STSOL or MLTSSL based on specific skills shortages in that state).
  • BUT do note, the states each have their own list of occupations they sponsor and NOT all occupations on the STSOL are sponsored. Furthermore, the states have specific requirements in order to sponsor.
  • Eligible Family in Australia can also sponsor you if you have an occupation on the MLTSSL
    • Eligible family means close family eg siblings / uncles / aunts / 1st cousins (in select cases only) and then step versions of these.
    • Eligible family must be settled permanent residents or citizens of Australia, and live in a specific designated part of Australia (e.g not Sydney, Melbourne, Brisbane, Perth etc)
• to nominate an occupation (for visa purposes), you have to have the right set of qualifications PLUS work experience for that occupation. Post graduate work experience is very important, and you need the points claimed for post grad work experience in most instances
• In the majority of cases, to qualify for a visa (based on your nominated occupation), you need either a bachelors degree OR a formal regulated apprenticeship to meet the base criteria or points test criteria

Work experience

• Work experience must be relevant to your qualifications.
  • Work is defined as a min 20 hrs per week (paid work) in your nominated or closely related occupation
• In most cases, you need at least 3 years work experience in your nominated or closely related occupation (and those over 40 need at least 8 years work experience)
• work experience is critical as the minimum requirement is to have some post graduate work experience  to claim work experience points (this means, after you met the academic or training requirements, or trade qualification for the occupation you will nominate), and in many cases, this extends to 3 years post grad work experience (to enable you to claim any points for work experience, 3 years post grad is the min requirement).
• To claim points for work experience you need either 3, 5 or 8 years post grad work experience.

Qualification skills assessment

• The first step in a GSM application is called a skills assessment. (always step one in any skills application) This is basically where a specific authority determine whether your qualifications and work experience meet the base criteria for migration.
• This is determined by the specific authority tasked with setting the standards for the occupation nominated (there are 20+ of these authorities for all the different occupations).
• The skills assessment is an assessment of your qualifications AND work experience.
• In most instances, the minimum academic requirement is either a bachelors degree OR a formal apprenticeship (trade training) .
• Note however, unless you have a formal diploma (2 or 3 year diploma) or degree or completed formal trade training, you can not claim any points for qualifications. Therefore, managers and IT applicants, without formal qualifications, would most likely only meet the pass mark if they achieve an IELTS score of 8 for each part, and have 8 years work experience etc

Other considerations

• English language abilities
  • IELTS test or similar
  • The majority of people need to score at least 7 (from 9) for all 4 categories of the IELTS test, and those over 40, generally need to score 8/9 for all 4 categories of the IELTS test
• specific work experience in e.g. Australia
• Spouse / partner points can be claimed if your spouse meets ALL criteria in terms of IELTS, occupation, qualifications & work experience (and partner must have an occupation on the same occupations list as your occupation)
• Family sponsorship:  Family can only sponsor if they reside in a designated area (generally in a rural area)

Note:

• You cannot apply for a “work visa” as such. When you apply for a visa, the visa will either allow you to work (e.g. a skilled visa) OR not (e.g. a visitors visa)
• You can apply for an employer sponsored visa (you get a temporary residence visa (called a TSS), or in select cases, an employer can sponsor you for a permanent residence visa. BUT you can only apply for these visas if you have a job offer in hand (which must meet minimum salary levels, and in many cases also minimum qualification / work experience levels) from an eligible employer (generally the employer must show that they have been in business a while, can afford to sponsor you etc)

Briefly therefore, what you need to show:

1. The points test pass mark = 65 (in most instances, you realistically need at least 80+ points to receive a 189 visa invite, and 80 (including state points)  for a 190 visa (and 85+ for a 491 visa)
2. Have an occupation on the STSOL or MLTSSL (and if on the STSOL have options for a state to sponsor you)
3. Have the correct qualifications AND work experience (tasks & duties similar to that of the occupation you nominate) for the occupation you nominate
4. Meet the skills assessment criteria for the occupation you nominate
5. Meet the age, and English criteria
6. Meet health and character criteria