The National Innovation (Subclass 858) Visa (NIV) requires that each visa applicant has an Australian Nominator.
The Expression of Interest (EOI) process for the NIV sets out four priority groups that the Department will consider in issuing invitations to apply for the visa. “Priority Group 2” captures candidates who have been nominated “by an expert Australian Commonwealth, State or Territory Government“.
Ahead of the upcoming 2025/26 migration program year (1 July 2025 – 30 June 2026), the South Australian (SA) State Government have released their framework for the types of candidates that they’d consider for nomination.
What is the NIV?
We have a separate article here that outlines the NIV program, as well as the process.
SA State nomination criteria
- Global Researchers and thought leaders – achievements may include receiving a national research grant in Australia (or overseas), keynote appearance at high-profile international conference, recognised IP (such as international patents), earnings at or above the FWHIT, a PhD with high levels of academic influence;
- Entrepreneurs – demonstrate that entrepreneurial activities will lead to commercialisation of a product/service in SA, or development of a business/enterprise that will significantly add value to the SA economy;
- Innovative Investors – established track record of supporting successful innovative ventures, or leading internationally reputed companies to their IPO. This could include investors who are investing into innovative ecosystems and providing SA businesses with capital (investing in managed funds will only be considered on an exceptional basis and must demonstrate that there have been significant economic benefits, and outline future investment strategy);
- Creative Talent – significant achievements in a creative field (international level awards/achievements); and
- Other Globally Talent Individuals – other globally talent individuals who do not fit the above categories can still be considered on a “case by case” basis. You’d need to demonstrate significant achievements.
What is the process?
The SA State Government have indicated that they will accept Registrations of Interest (ROI) for SA State nomination.
You must include evidence of your ID, qualifications, employment reference letter, and where applicable – a support letter from the South Australian State Government Agency referring you to submit a NIV ROI, and if you reside in Australia evidence of this.
If your ROI progresses to the next stage, you will be contacted by the relevant SA State authorities who will conduct an interview with an assessment panel.
If approved for State nomination, the SA Government will issue a completed Form 1000 and a business case letter to provide in your NIV EOI.
It’s important to note that securing this does not guarantee an invitation under the NIV program.
What is the purpose of State Nomination?
Each NIV Subclass 858 visa applicant must provide a Form 1000 by an Australian organisation, or Australian citizen or permanent resident that has a “national reputation” in the same field.
- if invited to apply for the visa – an applicant has 60 days to apply; and
- having a nomination from an “expert Commonwealth, State or Territory Government agency” places an applicant in Priority Group 2 (out of 4).
As Priority Group 1 applies to individuals who are recipients of “top of field” awards (i.e. Nobel prize, Pulitzer Prize, Olympic Medal etc.) – all other candidates that do not have such an Award would likely fall under Priority Group 3 or 4, or none at all.
Obtaining the nomination from an Australian State/Territory would move the NIV candidate’s EOI up to Priority Group 2 (improving their prospects of receiving an invitation), while also resolving the issue outlined above about securing an Australian nominator for the NIV application should they receive an invitation.
In this specific context (securing SA State Government nomination), this is also significant for creative talents, who would not otherwise fall within any of the other NIV priority groups (unless they have a top of field award).
Conclusion
Given that State Nomination offers candidates an improved priority group, all prospective NIV candidates that don’t already hold a “top of field” level award (placing them in priority group 1) should review the State/Territory nomination programs as they’re released – this offers them the possibility of moving from Priority Group 3 or 4, to Priority Group 2. It also reduces the burden of later looking for a nominator, should the applicant receive an invitation to apply for the NIV.
Hannan Tew Lawyers have been at the forefront of the NIV program since it was announced in late-2024. We similarly pioneered the approaches under the former GTI program that that the NIV program replaced. Please feel free to reach out to us if you’d like to discuss State nomination programs, or the NIV program in further detail.
If you need legal assistance or have an immigration related query, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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