Global (Distinguished) Talent Independent Program…another roll of the innovation visa dice

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In an email to stakeholders yesterday and also published on their website, the Department of Home Affairs (Home Affairs) has clarified that the Global Talent Independent Program will come in the form of a distinguished talent visa under an invitation system. Distinguished talent visas have an offshore Subclass 124 - Distinguished Talent visa and an onshore Subclass 858 - Distinguished Talent visa. As distinguished talent visas are permanent visas, this move throws up the much-revisited problem of just how effective this program will be in generating the heralded employment and industry benefits.

Eligibility requirements for the Global Talent Independent Program include that the candidate:

  • is highly skilled and internationally recognised in a target sector, and

  • has the ability to earn at least the Fair Work High Income Threshold (currently $148,700). 

Home Affairs has stated they will consider current salary, job offers, and recent or expecting graduates with PhD or masters degrees in a target sector.

Target sectors are:

  • AgTech

  • FinTech

  • MedTech

  • Cyber Security

  • Space and Advanced Manufacturing

  • Energy and Mining Technology

  • Quantum Information, Advanced Digital, Data Science and ICT

Prospective applicants and referrers, who must be either an organisation or an individual with a national reputation in the same field as the candidate, are to use the Global Talent Contact Form provided. This will also be the form to lodge a distinguished talent visa under this program. All Global Talent Independent Program visa applicants must meet all distinguished talent visa criteria.

Using the distinguished talent visa makes legislative sense. After all, one of the requirements for this visa is an internationally recognised record of exceptional and outstanding achievement in either a profession, a sport, the arts, or academia and research. The Subclass 482 – Temporary Skill Shortage visa program cannot be used because there is no sponsor, unlike the Global Talent Employer Sponsored visa that requires sponsorship by either an established business or a startup that operates in a technology based, or STEM-related field.

As per previously released planning levels and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs’ media release last month, 5000 Global Talent independent visas are allocated for this program year.

Offering a permanent visa, however, indicates a propensity to avoid assessing the effectiveness of the program. Granting “direct-to-permanent” visas means visa holders have no obligation to work in the industry or even continue with their career once their visa has been granted. It can only be assumed visa holders will want to press forth with their innovative career goals. This is perhaps why there are only 200 distinguished talent visas allocated for non-global talent applicants. The flipside is that provisional and temporary visas do not encourage the risk-taking necessary for entrepreneurs.

The issue of attracting and encouraging innovation with migrants has been vexing policy planners for some time. Two clear examples come to mind: the dearth of visa grants for Subclass 188 – Business Innovation and Investment (Provisional) visa under the Entrepreneur stream; and Home Affairs’ admission that provisional business skills visa holders stifle risk-taking and innovation to secure a permanent visa.

Simply put, with no safeguards, accountability, or obligations attached to the Global Talent Independent Program it will be difficult to track its success in the years to come. It’s what some might call a stab in the dark.