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 New South Wales (NSW) 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.
NSW State nomination criteria
The NSW State Government have indicated they will aim to have five target streams, being:
1. Researchers and Academics
- A significant number of high-quality, peer-reviewed publications in leading academic journals
- A substantial citation record showing the influence of your work
- Successful acquisition of significant research grants
- Development of novel methodologies, theories or technologies
- Invited presentations at prestigious international conferences
- Membership in esteemed international academic bodies
- International collaborations with leading research institutions
- Peer recognition through awards or honours
- Intent to collaborate with NSW universities or research institutions
- Potential to translate your research into commercial or societal outcomes here
- Contribution to building NSW’s research capabilities in strategic areas
- Mentoring and developing future researchers in NSW
- Strong letters of support from senior academics or research leaders (preferably including those in NSW) attesting to your exceptional achievements and potential contributions to the NSW research landscape are crucial
2. Entrepreneurs
This pathway is for founders with a proven track record of launching, scaling and exiting innovative businesses, and a clear plan to build their next venture in NSW. Applicants must evidence a track record of entrepreneurial success, innovation and scalability of the proposed venture, a commitment to NSW, and potential economic impact on NSW (see here). Evidence can include:
- Successful launch and growth of previous ventures, with clear metrics (e.g. revenue, market share, user numbers)
- Successful exits — such as acquisitions or IPOs
- Raising significant investment capital
- Participation in recognised accelerator or incubator programs
- A clear business plan showing market opportunity, competitive advantage and a scalable business model
- Unique intellectual property or disruptive technology
- Realistic, quantifiable projections for revenue growth and new high-skilled jobs in NSW
- Demonstrated market readiness through pilots, user engagement or letters of intent
- A concrete plan for NSW operations — timelines for registration, hiring, and setting up a presence
- Engagement with NSW’s innovation ecosystem — for example, networking or seeking local partnerships
- The application should clearly articulate the potential economic benefits to NSW, such as job creation, investment attraction, contribution to priority sectors, and development of new capabilities
- Strong endorsements from established entrepreneurs, investors, or NSW government-backed innovation hubs are highly advantageous. These should confirm the venture’s viability and potential to deliver real benefits for NSW
3. Innovative Investors
This pathway is for active investors with a proven track record of actively funding and advising innovative, high-growth businesses. Applicants ust show a track record of significant angel investment, contribution to the startup community, a focus on innovative ventures, a commitment to investing in SNW and recognition within the investment community (see here). Evidence can include:
- Details of previous investments, including amounts, company stages and outcomes (such as follow-on funding rounds, growth or exits)
- Evidence you provided active support, advice or mentorship to the ventures you invested in
- Serving as a mentor or advisor to founders
- Participation in industry events, investor groups or networks
- Helping grow the local investment landscape — for example, angel syndicates or startup hubs
- Investments should be primarily in innovative, scalable businesses with strong growth potential — ideally aligned with NSW’s priority sectors
- Evidence that you’re recognised as a successful and influential investor in the angel or venture capital community
- Letters of support from founders you have invested in or from established figures in the NSW investment community
4. Sports People
This pathway is for athletes, coaches and sports leaders performing at the highest levels — with a proven record of success and a clear plan to help lift NSW’s sporting capability. Applicant’s should have exceptional sporting achievement (for athletes), outstanding coaching or specialist expertise (for coaches and specialists), contribution to NSW sport, international standing, and endorsements (see here). Evidence can include:
- Medals or top rankings in major national or international competitions — such as the Olympics or World Championships
- Current or recent representation at the highest national or international level
- Significant awards or honours in your sport
- Coaching athletes or teams to significant national or international success
- Developing and delivering innovative training methods or high-performance programs
- Major contributions to sports science or performance systems
- Recognition by national or international sporting bodies
- Competing for NSW-based teams or clubs
- Coaching or mentoring NSW athletes
- Helping develop sports infrastructure or high-performance programs in NSW
- Enhancing NSW’s reputation as a leading sporting state
- Letters of support from relevant national or state sporting organisations, high-performance centres or respected figures in your sport are essential
5. Creatives
This pathway is for artists, performers, designers, writers and other creatives whose work is recognised on the world stage (music, visual arts, performing arts, literature, design, film, digital media etc.). Applicants must demonstrate exceptional talent and artistic distinction, national or international recognition, contribution to NSW’s cultural sector, innovation and impact in their field, record of professional engagement and endorsements (see here). Supporting evidence can include:
- Critical acclaim — significant positive reviews or high-profile media coverage
- Prestigious awards or honours in your field
- Exhibitions or performances at renowned national or international venues
- Major publications or creative works that have made a notable impact
- Touring or exhibiting work internationally
- Commissions for significant creative projects
- Recognition by peak national or international arts or cultural bodies
- Plans for performances, exhibitions, screenings or publications in NSW
- Intent to collaborate with NSW-based artists or cultural organisations
- Contribution to arts education or community engagement in NSW
- Helping enhance NSW’s reputation as a vibrant cultural destination
- Development of new techniques, styles or forms of expression
- You should have a strong record of professional activity in your creative field — such as a consistent exhibition or performance history, a publication record, or involvement in significant cultural projects
- Letters of support from respected figures in the NSW, national or international arts and cultural community are essential — these should confirm exceptional talent and potential contribution to NSW
Importantly, the NSW State Government have indicated that in assessing candidates, they would be seeking individuals who have demonstrable past achievements (rather than just potential to deliver) that align with NSW priorities, have demonstrable impact, and have well-supported plans to contribute to NSW.
What is the process?
When you consider you are eligible, you can submit a Registration of Interest (ROI). An ROI formally tells NSW you would like to be considered for nomination and is valid for 6 months.
Selected candidates will then be invited to apply. The NSW State government have indicated that they will seek an independent expert endorsement for each shortlisted candidated.
Following assessment and third party endorsement (of claimed achievements), the NSW State government would subsequently sign a Form 1000 and issue an endorsement letter.
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.
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 NSW State Government nomination), this is also significant for sports persons and creatives, who would not otherwise fall within any of the other NIV priority groups (unless they have a top of field award).
How to apply?
You can submit your NSW ROI directly from their website here. Keep in mind that:
- you can only submit one ROI every six months;
- submissions cannot be changed once lodged; and
- if shortlisted, you’ll have 21 days to submit your full application.
Other takeaways
The NSW State Government have outlined six Critical Skills Areas that are unlikely to be fully met through domestic skilling, and can be supported by migration.
These include:
- Construction (infrastructure and housing);
- Net Zero and Energy Transition;
- Care and Support Economy;
- Digital and Cyber;
- Agriculture and AgriFood; and
- Advanced Manufacturing.
Upcoming future State nomination programs (specifically for General Skilled Migration visas such as the Subclass 190 or 491 visas) will likely continue to reflect these identified critical skill areas.
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 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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Thanks for the interesting read, was very fruitful indeed. When I click on the ROI link given above it takes me to the NSW migration website however there is not link to submit the ROI. Can you please share the actual ROI submission protal link? Thnaks!
Hi Bilal,
The link just opened today – you can find it here: https://investmentnsw.tfaforms.net/4634279
Good luck!
Kind regards,
Hannan Tew