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 Victorian State Government have released their framework for the types of candidates that they will consider for nomination.
What is the NIV?
We have a separate article here that outlines the NIV program, as well as the process.
What are the Victorian State nomination criteria?
The Victorian State Government have indicated they will nominate candidates who meet the following criteria:
- demonstrate exceptional talent through a record of significant achievements
- have engaged with a Victorian Government department or agency about how your internationally recognised track record and expertise will be transferred to Victoria be referred by a Victorian Government department or agency with expertise in your field
- meet the Department of Home Affairs’ criteria for the National Innovation Visa
- be aged under 55 (or provide a compelling case if under 18 or over 55).
- show a genuine commitment to live in and contribute to Victoria
Importantly, engagement with a Victorian Government department or agency is critical in highlighting your achievement in research, innovation, entrepreneurship, the arts, sport, or other sectors of importance to Victoria.
What are the indicators of talent?
The Victorian State Government have indicateed that candidates must demonstrate internationally recognised achievements and expertise through one or more of the following:
- receipt of prestigious international awards
- significant research funding or advanced academic qualifications
- high-profile keynote appearances or global leadership roles
- intellectual property rights or successful commercialisation outcomes
- proven innovation or entrepreneurial activity
- sporting or creative achievements that enhance Australia’s international reputation
- other indicators of exceptional, internationally recognised talent
What is the process?
Unlike some other State Governments, there is no Registration of Interest process.
Candidates for the Victorian State nomination must be identified and referrred by a Victorian Government department or agency that can support your nomination based on your internationally recognised expertise and how that expertise will be transferred to Victoria. This will likely require you to have completed some work with them, developed some relationship with them, or otherwise communicated with them.
If the Victorian State government chooses to do so, they will then contact you to issue you a Form 1000 (nomination by the Victorian Government).
You can then submit the completed Form 1000 to the Department of Home Affairs (Department) via an Expression of Interest (EOI).
It’s important to note that securing State nomination 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.
While a nominator is not a requirement to submit the EOI for the NIV, there are two things to consider:
- 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.
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