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National Innovation Visas (NIV)

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1. Will global talent applications still be processed?

Yes, they will continue to be processed, but according to the Migration Direction 112 priority rules. Note that only 4,000 places are allocated annually, and the government is seeking to attract the best of the best.


2. What will happen to GTI Expressions of Interest (EOIs) that were not invited?

These EOIs will not be carried forward. Applicants will need to submit a new EOI under the NIV program.


3. Can applicants with recognized organizational excellence and senior positions qualify for NIV?

The Department has stated that such applications are unlikely to meet the NIV criteria.


4. Regarding the current NIV Stream Subclass 858, is it more challenging for employees to apply? Is innovation a mandatory requirement, and does it need to be backed by a patent? How is innovation recognized? For example, if an IT engineer has made substantial contributions to digital transformation and other initiatives in their company but has no patents or awards, would they meet the NIV requirements?

The new regulations are designed to attract top-tier innovative talent and not intended for employee nominations.Innovation is a key requirement but does not necessarily require a patent. Applicants must demonstrate their innovation through their achievements. However, cases like the IT engineer mentioned may struggle to meet the criteria without awards or patents.


5. If an angel investor has only invested for one year, would this be considered a "track record" according to DHA standards?

Applicants must demonstrate a sustained history of innovative investment. A one-year investment history is unlikely to meet this criterion.


6. Can candidates previously nominated by organizations like EA or ACS still receive nominations for NIV?

ACS has confirmed they are unable to nominate candidates under the new conditions. Confirmation from EA is still pending.


7. Is there a defined list of Commonwealth/state government agencies eligible to nominate NIV candidates?

No such list has been published at this time.


8. Is the NIV Entrepreneur Stream now the sole remaining pathway for business migrant candidates (previously eligible for 188/132 visas)?

It is currently uncertain whether this is the only pathway available.


9. Priority 2 applicants must be nominated by a state or territory government. Will Home Affairs allow states to nominate candidates outside of priority industries if they make significant contributions, such as through investment in VC or PE funds?

This will depend on negotiations between Home Affairs and state or territory governments. No official clarification is available yet.


10. What is the expected turnaround time for processing NIV EOIs?

No specific timeline has been announced. However, invitations are expected to be spaced throughout the 12 months of the program year.

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