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
- Researchers and Academics – demonstrated strong track record of original and impactful research relevant to NSW’s current or future economic or social needs;
- Entrepreneurs – demonstrated history of entrepreneurial success and innovative, scalable business ventures with high growth potential for NSW. Needs proven history of founding, leading, or significantly contributing to successful innovative businesses;
- Innovative Investors – demonstrated track record of providing significant capital and expert insights into innovative ventures, contributing to their success and growth of the innovation ecosystem within NSW. Demonstrated history of providing angel investments in innovative ventures with a track record of supporting their success;
- Sports People – highly talented individuals in sports, including athletes, coaches, and other specialists who will raise NSW’s international standing and contribute to the sports sector. Athletes must have achievements at the highest levels of their sport with national/international recognition. Coaches/Specialists must have a proven track record of outstanding success and significant impact.
- Creatives – individuals in arts/cultural fields who will enrich NSW’s creative and cultural landscape. They must demonstrate exceptional talent and a high level of artistic distinction in their creative field (music, visual arts, performing arts, literature, design, film, digital media etc.).
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?
The NSW State Government have indicated that they will accept EOIs for NSW State nomination. These EOIs would then be shortlisted, with selected candidates invited to apply. The NSW State government have indicated that they will seek an independent expert endorsement for each shortlisted candidated.
Following third party endorsement (of claimed achievements), the NSW State government would assess the applications, and 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 (see here).
- 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).
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.
- 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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