English Requirements?

There are no English language requirements to be granted a Significant Investor Visa (SIV). Even if you speak no English you can apply, although you and your family will need to pay an additional charge if you do not have at least functional English.

What is a complying investment?

Investments must be made in a compliant way which must include:

• At least AU$500,000 in eligible Australian venture capital or growth private equity (VCPE) fund(s) investing in startup and small private companies;
• At least AU$1.5 million in an eligible managed fund that invests in emerging companies; and
• A ‘balancing investment’ of up to AU$3 million in managed funds that invest in a combination of eligible assets that include Australian listed securities, eligible corporate bonds or notes, annuities and real property (subject to the 10% limit on residential real estate).

These rules are currently being reviewed by the Australian government.

There are a number of investment companies that offer products that are designed to comply fully with the legal requirements. We do not provide advice on which investment product might be best for you but we work closely with these fund managers and can make an introduction.

Acceptable funds

Funds used for the investment for a Significant Investor Visa (SIV) must be able to show that the funds were lawfully obtained, owned by the investor and be unencumbered.

In certain circumstances the funds to be used can be gifted, be in a company or trust.

What is the process for a Significant Investor Visa?

Alternative visas

In some cases, investors may be eligible to apply for another visa such as a Global Talent Independent visa or via an employer sponsored route. We can assess these various options with you to determine which is the best way forward.

We can also assist with investor visas to the USA or Canada.

Next steps

Contact us to discuss your best options.

We are lawyers who help start-ups and high net worth individuals wanting to set up operations in Australia or who are seeking another passport or residence. We are experts in our field who can connect you to a network of trusted advisers for taxation, business structuring, investment advice and relocation assistance to ensure that you have all your bases covered and that you and your business or family are well looked after.

Our advice is completely confidential and is protected by client privilege and governed by the ethical obligations of our profession.

We are interested in your business and future and are interested in forming long-term relationships that will help you grow your business. Talk to us today.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Entertainment Visa Snapshot

Family

In most cases immediate family members can also be granted visas, as can most support and personal staff. However, due to border restrictions, family members may not be granted ABF permission (see below) to travel to Australia even if they have a visa. Our recommendation is that family not seek to travel unless there is no alternative.

Union consultation

In most situations the relevant union will need to be consulted before the visas can be granted (it is not necessary that they agree). We will handle the consultation process and find that the unions are mostly supportive of visa applications, provided Australians will benefit from the production.

Arts certificate from the Minister

For actors or performers, the Federal or State Minister of the Arts will need to provide a certificate supporting the issuing of visas related to the production. We will arrange.

Health & police checks in some cases

While health and police checks are not generally required, we have had cases where these have been requested and can slow up processing. This is most likely to occur if an applicant has a known health condition or criminal conviction, or are travelling from certain countries.

Australian Border Force (ABF) exemption due to the pandemic

This is a separate process to the visa process and is required before travelling to Australia. The ABF have imposed a number of requirements including the need for State approval for the arriving party in circumstances where it is a large group or the person will be moving on to another state in Australia after quarantine. This process is causing delays at the moment.

A travel exemption is only valid for one entry. Further approvals would need to be granted each time the person needs to depart and re-enter Australia. There is no guarantee that any subsequent approvals would be granted.

Flight delays

Australia currently restricts the number of weekly international arrivals which has caused difficulties in securing flights and often results in flight cancellations. This should be factored into any scheduling plans.

Quarantine

All international arrivals must quarantine for 14 days unless exempt for medical reasons. The traveller (or other person) must meet the costs of quarantine which vary slightly from State to State.

Quarantine is required even if fully vaccinated or the person has had COVID.

Extensions after arrival

In most cases it is possible to extend the visa after arrival should this be required.

Entertainment Team

Learn more about our Entertainment Team and discover how we can help you in your visa application process.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

With job vacancies reaching an all-time high and significant skill shortages in Australia, the Joint Standing Committee on the Inquiry into Australia’s Skilled Migration Program has released its interim report making several recommendations to improve Australia’s skilled migration program in a post-pandemic environment and so far it’s all great news!

Some of the key findings of the report include:

• 500,000 temporary visa holders left Australia during the pandemic creating a significant skills shortage – temporary visa holders in Australia as of 20 March 2020 was just short of 2.3 million, and the figure was 1.8 million as at 14 February 2021.
• Job vacancies in November 2020 reached 254,000 higher than any point in the last 10 years.
• Australia needs to replace the skilled migrants that left our shores as a result of the pandemic. Without the return of skilled migration, Australia’s economic recovery will be severely hampered and it will be harder to create more jobs for Australians.

The report clearly concludes skilled migrants have the ability to fill gaps in the Australian workforce and aid in the recovery of the economy and makes the following recommendations:

• Pathway to permanent residency clarified for employer sponsored visa holders
• That the Business Innovation and Investment Program and Global Talent Independent visas provide options for both automatic permanent residence and temporary visas with a clearly articulated path to permanent residence
• Priority Migration Skilled Occupation List to be expanded to include Chefs, Veterinarians, Café/Restaurant Managers and Seafarers. This would facilitate border exemptions during the border closures. It is also recommended that other occupations be reviewed closely for this Priority List including civil engineers, electrical engineers, motor mechanics, cooks, carpenters, electricians and other roles in the hospitality, health, trades, agriculture and manufacturing sectors
• A review of Occupation Lists to ensure the lists address urgent skill shortages and employment challenges
• Streamlining of Labour Market Testing and an easing of the requirements so they are less prescriptive
• Removal of the Skilling Australia Fund payment until the end of the pandemic. Thereafter if the levy is retained, aligning the levy with the commencement of employment of the skilled worker or guarantee of refunds if not successful. If the employer has spent the same amount or more in the previous 12 months on their Australian workers – they should not be required to pay the levy
• Greater transparency provided by the Department of Home Affairs in regards to the progress of employer sponsored visa applications
• Adjustment of visa conditions in certain industries to allow for sponsored skilled visa holders to work for several employers without having to make new applications for visas
• Reservation of seats on flights and quarantine spots for skilled migrants
• Visa processing times to be improved and expedited for those still onshore

What does this mean for visa applicants and employers?

The Committee’s recommendations address the complexities of navigating the skilled migration pathway, ensuring there is easier access to skilled migrants. This will allow for immediate shortages in the Australian workforce to be filled.

Adjustment of the Labour Market testing Requirements will aid in reducing the regulatory burden placed on businesses. This will allow for businesses to employ skilled migrants in a more timely manner and adequately address workforce shortages. This will relieve the financial and time constraints many Australian businesses are currently facing whilst navigating the migration process.

The combined review of skills lists and the amendment of visa requirements will allow skilled visa holders the opportunity to be employed in alternative roles with alternative employers. This will not only increase the appeal of migration to Australia but will also reduce delays in processing and allow visa holders to effectively contribute to rebuilding the Australian economy and workforce.

TSS holders should also be provided with greater clarity and direction regarding their options for permanent residency. The above recommendations will establish a clearer pathway for permanent residence once their TSS visa expires, acting as an incentive and encouraging greater commitment to the work being undertaken in Australia.

What is next?

The inquiry will continue with a wider focus on long term reform of the skilled migration program. Submissions responding to the terms of reference will be accepted until 31 March 2021. A copy of the interim report and more details about the inquiry are available on the Committee website  with the final report from the Committee will being produced in July 2021.

If you would like making a submission please contact us.

DISCLAIMER This information is current as of 19 March 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Ministry of Manpower (MOM) in Singapore has announced a major shift in the work authorisation requirements for the dependants of work pass holders in Singapore. Currently dependant pass (DP) holders are only required to obtain a Letter of Consent (LOC) from the MOM in order to work or run businesses in Singapore. With effect from 1 May 2021, DP holders will need to apply for a work pass (Employment Pass, S-Pass or Work Permit) in order to work lawfully in Singapore. Eligibility for a work pass will be subject to the usual conditions for hiring foreign workers, including qualifying salary, qualifications, skill sets, labour market testing, quotas and levies. Details of the new policy and guidelines will be announced on or before 1 May by the MOM.

Below is a summary of the key facts of the announcement:

• DP Holders are required to apply for relevant work pass in order to work or run businesses in Singapore
• Existing DP holders who have a LOC can continue to work till the expiry of the LOC after which the employer will need to apply for a work pass
• Those with LOC’s expiring in coming months may be able to apply for an LOC extension before 30 April 2022
• DP holders who are existing business owners will be allowed to continue running their business with LOC if they meet the following criteria:
  • The DP holders are sole proprietors, partners or company directors with at least 30% shareholding in the business; and
  • The business hires at least one Singaporean or permanent resident who earns at least SGD1,400 per month and receives Central Provident Fund contributions for at least 3 months

We suggest clients with foreign employees in Singapore:

• Review the current LOC population and their expiries
• Assess their eligibility for work pass based on their current employment terms
• Plan ahead for the switch to relevant work pass before the expiry of LOC (or extend this where that is possible)

Please contact our Global Services Team for more details or assistance.

DISCLAIMER This information is current as of 8 March 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The government has now provided further clarity on certain concessions affecting the residence and employment requirements for certain visa types.

Subclass 485 – Temporary Graduate – Offshore lodgement and grant permitted

Concessions have been granted to all subclass 485 streams, the Graduate Work, the Post Study Work and the Second Post Study Work streams, to allow eligible visa applicants to lodge and be granted their visa whilst outside of Australia if impacted by COVID travel restrictions during the concession period which commenced on 1 February 2020. Subsequent entrants can also be onshore or offshore for lodgement and grant.

Subclass 887 – Skilled Regional Visas – Onshore / offshore concessions

Applicants outside of Australia – During the COVID concession period which commenced on 1 February 2020, applicants can make their visa application outside Australia and be granted the visa while outside Australia.

In further concessions announced this month, these applicants have the following shorter employment requirements and shorter residency requirements:

• 9 months full-time work in a specified regional area. A concession of 3 months off the usual 12 month period; and
• 18 months residence in a specified regional area. A concession of 6 months off the usual 2 year period.

Applicants inside Australia – Those applicants applying onshore will still be required to meet the 2 years of residence in a specified regional area. However, they will also receive the 3 months employment concession of 9 months full-time work in a specified regional area.

Subclass 888 – Business Innovation Visa – Residency requirements

Applicants for Subclass 888 visas must usually have been physically present in Australia for a least 1 year in the 2 years immediately before they make the visa application.

From 1 February 2020, time spent overseas may be counted as being time spent in Australia if the applicant held one of the following visas:

• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation stream; or
• Business Innovation and Investment (Provisional) visa (subclass 188) Business Innovation Extension stream.

The first visa in the Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream must have been granted on or before 30 June 2019.

DISCLAIMER This information is current as of 15 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Some categories of visas require applicants to be physically outside of the Australia at the time the visa is granted. Given COVID-19 travel restrictions are affecting visa applicants, in a further announcement from the government, we now have confirmed dates when new changes are intended to come into effect.

Family Visas – Onshore grant permitted

From 27 February 2021 some Family stream visas, which have been applied for outside Australia, can be granted while the visa applicant is in Australia. This concession applies to the following subclasses:

• Partner (subclass 309) visa
• Prospective Marriage (subclass 300) visa
• Child (subclass 101) visa
• Adoption (subclass 102) visa
• Dependent Child (subclass 445) visa

The same concession will commence for eligible parent visa applicants on 24 March 2021:

• Contributory Parent (subclass 173) visa
• Contributory Parent (subclass 143) visa
• Parent (subclass 103) visa

This temporary concession would be for certain applicants who are in Australia and are not able to travel offshore to be granted the visa because of COVID-19 travel restrictions. It is not known how long this concession will be in place as it is dependent on travel disruption. It also gives no indication as to whether processing of these visa types will speed up and the government has stated in its website  that parent visa applications would not be impacted by these amendments.

DISCLAIMER This information is current as of 15 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Global Talent Independent Visa program aims to attract top talent in certain critical sectors.

One of the requirements for the GTIP is that the applicant can demonstrate they will be able to earn above the Fair Work High Income Threshold (FWHIT) (currently AU$153,600 ex super and bonuses per annum) in Australia. This can be demonstrated with evidence of current earnings, future job offers or market salary research which we assist our clients with.

The threshold amount can be sometimes challenging for recent graduates however those with PhDs may be able to get around it.  Since its launch, the GTI program has attracted lots of recent graduates but from 20 January 2021, students nearing completion date and graduates of Masters by Coursework, Masters by Research and Bachelor with Honours are no longer eligible for invitation to the GTI program solely on the basis of their qualifications. This includes candidates who submitted an Expression of Interest (EOI) prior to this date.  Those who received an invitation before the cut-off date are still eligible to apply.

PhD graduates and certain PhD students may still be eligible to apply for the GTI Program if they can demonstrate exceptional talent and international recognition in a target sector. In addition, PhD students who are nearing completion of their degree must be able to demonstrate they had a record of achievement prior to commencing their PhD studies.

To be eligible for the GTI Program, individuals must demonstrate that they:

• are internationally recognised with evidence of exceptional and outstanding achievements in the target sector;
• are currently prominent in the target sector;
• would be an asset to the Australian community;
• would have no difficulty in obtaining employment in Australia, or becoming established independently in Australia in the target sector;
• likely to earn an annual salary that meets the Fair Work High Income Threshold (currently AU$153,600); and
• have an Australian citizen or permanent resident, eligible New Zealand citizen or Australian organisation with a national reputation in the same target sector prepared to endorse their credentials in the field.

Ajuria’s dedicated Global Talent Visa team has successfully lodged many applications for Global Talent Visas including for recent graduates and are now seen as some of the leading experts in this specialised area.

If you have questions or want to learn more about how the Global Talent visa could help you, please contact your Ajuria lawyer.

If you are an employer and are interested in offering this pathway for your staff, we would love to help!

How do I get an assessment done to see if I am eligible for the Global Talent visa?

The first thing is to contact our office and speak to one of our GTIP specialist lawyers. You can book an appointment here.

DISCLAIMER This information is current as of 12 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The Global Talent Independent Visa program aims to attract top talent in certain critical sectors. It is designed to help Australia compete with countries such as Canada, the US and the UK for the world’s best and brightest. The program targets individuals who are distinguished in their field and who are likely to be able to earn at least AU$153,600 in Australia.

Ajuria’s dedicated Global Talent Visa team has successfully lodged many applications for Global Talent Visas and are now seen as some of the leading experts in this specialised area.

Why the Global Talent Independent Visa Program (GTIP) over other options?

For those that are eligible, the program is attractive in many ways:

• Priority processing means these visas are given the highest priority of all Australian migration programs. The process is streamlined and extremely efficient with visas being granted in as little as 1 month from lodgement.
• Once invited to apply for the Global Talent Visa, the pathway to permanent residence is much more certain and it is not the subject to months if not years of processing which is the case with other visa programs such as the 190. The government sees this as a much more targeted approach to attracting talent in sectors seen as critical to Australia.
• Because the visa is not tied to an employer, there is no training levy which can be a saving of AU$3,000 or AU$5,000 depending on the size of the employer.
• Our international borders have been practically closed since last year, however if granted a visa through Global Talent Visa program, no exemption to enter Australia is required from the Australian Border Force as individuals are granted Australian permanent residence and are free to travel.
• The visa is granted without any employment limitations or conditions. This means individuals are free to move roles and/or employers.
• Being a permanent resident provides a pathway to Australian citizenship.

Who can apply for the Global Talent Independent Visa Program?

Whether overseas or in Australia, individuals eligible for the Global Talent Independent Visa program can lodge their Expression of Interest (EOI). This is part of the process that we most love working on in our office as it allows us the opportunity to put arguments forward as to why a candidate would be so attractive to Australia.

If invited to apply, a visa application is then lodged under the GTIP pathway. Given the recently relaxed rules, anyone in Australia who holds a valid visa can now apply for a Global Talent visa provided they meet the usual requirements. This has certainly broadened the number of eligible applicants as prior to this change only certain visa holders were able to apply for a Global Talent visa from within Australia.

What do I need to apply for the Global Talent Independent Visa Program?

To be eligible you will need to show that you:

• are distinguished in in one of the identified Global Talent Visa industries: AgTech; Space & Advanced Manufacturing; FinTech; Energy & Mining Technology; MedTech; Cyber Security; Quantum Information, Advanced Digital, Data Science & ICT;
• have an Australian nominator;
• are able to earn above the Fair Work High Income Threshold (FWHIT) (currently AU$153,600 per annum) in Australia which can be demonstrated with evidence of current earnings, future job offers or recent PhD graduates in the target sectors.

Australian Nominator for the Global Talent Independent Visa Program

You will need an Australian citizen or Australian organisation to nominate you for the Global Talent visa. There is no fee payable with the nomination, and there are no ongoing obligations for your nominator.

The nominator should be in a position of expertise in Australia in your field so as to be able to verify that you have the international reputation and that you should be granted a Global Talent visa.

Ajuria Case Study

Anna is working in San Francisco as a Software Developer. Whilst she met all requirements for the GTIP visa, she did not have an Australian nominator. This was arranged through the IT professional body whom after assessing her skills, were able to nominate her for the role.

Your Ajuria GTIP lawyer can assist you in working out who should be your nominator.

Ability to earn more than AU$153,600

You do not need to show that you are currently earning more than this amount to be granted a Global Talent visa, although if you do earn more than this it will certainly help the application. The requirement is only that you demonstrate that you have the potential to earn that amount of money.

Ajuria Case Study

Laksh is a medical researcher working in Australia for a State government. His current annual salary is $98,000 which is less than the required $153,600 for the Global Talent Visa. By doing market research and collecting evidence of salaries in the private sector for similar type occupations we were able to argue that Laksh has the capacity to earn above the $153,600 threshold based on his projected career advancement.

We can help you work out the best way to prove your ability to earn enough money for the Global Talent visa especially if you are a recent PhD graduate.

Is there a limit on how many Global Talent visas that can be granted?

Since its inception the program has now expanded to 15,000 per year.  With the next immigration program year being opened on 1 July, we expect to see many more grants in this category.

What is the process of applying for a Global Talent visa?

Our office is helping lots of amazing applicants with this program. We have developed a 3 step process with fees being incurred per stage and not all up front:

Ajuria Lawyers  – GTIP stage 1:    Eligibility Assessment by a GTIP experienced lawyer in the firm

Ajuria Lawyers – GTIP stage 2:     EOI for the GTIP prepared and lodged with Home Affairs

Ajuria Lawyers – GTIP stage 3:     Preparation and lodgement of the Global Talent visa with Home Affairs

How can Ajuria help you obtain a Global Talent visa?

Our GTIP lawyers have a lot of experience with the Global Talent Visas and can help you make a successful application.

We will help:

1. Prepare and lodge your expression of interest making sure we focus on all the factors that the Australian government is looking for.
2. Work with your nominator and referees to build the strongest supporting evidence possible for your case.
3. Gather evidence of your earning capacity in Australia.
4. Prepare, lodge and then navigate your visa application through the process to approval.
5. Help you understand how you can obtain Australian citizenship if that is your goal.

How much does it cost to lodge a Global Talent visa?

The costs of the Global Talent visa varies greatly depending on the individual and their personal circumstances. Ajuria Lawyers’ process is simple and fees are in line with the 3 stages as set out above. If you engage our services, fees are paid in instalments as the matter progresses and are all disclosed upfront through a formal fee agreement compliant with the rules as regulated by the Law Society of NSW. This fee agreement states your Ajuria GTIP lawyer that will work on the application and will itemise out all disbursements expected to be incurred. Our fees are transparent and clear with no surprises.

What are Ajuria Lawyers’ success rates with the Global Talent visa?

Our team has been very successful with this program which is largely to do with the calibre of our applicants, but also because our GTIP lawyers carefully assess the eligibility before processing to prepare the EOI.

Common mistakes with the Global Talent visa

We often see failed EOIs not prepared by our team. The theme that they all have in common is the lack of information and lack of supporting arguments. The EOI is an extremely important step and we work strategically with our clients to ensure the paperwork meets the Government guidelines which invariable are subject to constant change.

Health waivers under the Global Talent visa

Global Talent visa applicants and their families are now be able to seek a waiver of the usual health requirements if they suffer from a disease or condition that would otherwise have resulted in a visa refusal. Although the Department will still need to assess the likely costs of any health condition and decide whether to grant the visa despite these costs, it means that many families who would otherwise have been ineligible for Global Talent visa can now apply.

Ajuria Lawyers lobbied strongly for this change and celebrated when it was recently introduced. Our experienced lawyers have extensive expertise in dealing with visa health waivers. This ranges from working with medical specialist to argue a reduction on assesses costs to successfully arguing why a waiver should apply.

Visa holders in Australia

If you have questions or want to learn more about how the Global Talent visa could help you, please contact your Ajuria lawyer.

If you are an employer and are interested in offering this pathway for your staff, we would love to help!

How do I get an assessment done to see if I am eligible for the Global Talent visa?

The first thing is to contact our office and speak to one of our GTIP specialist lawyers. You can book an appointment here.

DISCLAIMER This information is current as of 11 February 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Since its launch in November 2019, the Global Talent Visa Program has generated a lot of interest. Over 5000 Global Talent Visas have already been issued so far [see our previous article on the Global Talent visa].

With increased scrutiny of other permanent residence programs, the Global Talent visa is increasingly popular.

What is the Global Talent Visa Program?

The Global Talent program, commonly referred to as the GTIP, seeks to attract ‘the best and the brightest’ from around the world. This is achieved by offering a streamlined and priority pathway to Australian permanent residence.

The program is primarily design to grow Australia’s tech and innovation economies, promote innovation and build more opportunity for Australian job growth.

Even with COVID these applications are being processed and granted in about 2 to 3 months and in some cases even quicker. Being a permanent residence visa, the Global Talent program allows holders to travel into Australia without the need to seek a travel exemption overcoming the border restrictions. It is important to note you will still be required to quarantine. For more information on the program see Australian Government website.

What do I need to apply for the Global Talent Program?

To be eligible you will need to show that you:

• are distinguished in in one of the seven identified Global Talent Visa industries: AgTech; Space & Advanced Manufacturing; FinTech; Energy & Mining Technology; MedTech; Cyber Security; Quantum Information, Advanced Digital, Data Science & ICT;
• have an Australian nominator;
• are able to earn in Australia above the Fair Work High Income Threshold (FWHIT), currently $153,600 per year which is demonstrated with evidence of the current earnings, future job offerings or recent PhD or Masters graduates in the target sectors.

The Global Talent visa has two steps:

1. Invitation to Apply
   An Expression of Interest needs to be submitted outlining why you believe you should be granted a Global Talent Visa. This EOI needs to be put your case in the best possible light and it probably the most important part of the application to get right. Our success rate on invitation is close to 100%.
2. Global Talent Visa Application
   If you are invited to apply for the Global Talent Visa you will need to make a visa application with all of the supporting information, including your nomination by an Australian. To be granted the Global Talent visa you will need to prove all the things you have said in the EOI and meet health and character tests. The government fee for the application is $4110.

Distinguished career

The Global Talent Visa requires applicants to have an international reputation in their field.

This can be most easily demonstrated by people who have a public profile of some sort or who have won awards or registered patents but even without these things it is still possible to be granted a Global Talent Visa.

Ajuria Case study:

Norman is a Civil Engineer working on large scale infrastructure projects in a very senior role. Whilst he meets the salary and all other requirements for the Global Talent Visa, he has never published any papers, registered patents or won any awards. However, given the seniority of his profile, professional qualifications and expertise in large tunnelling projects the requirements for the EOI and Global Talent Visa were met and Norman and his family were granted Australian permanent residence.

If you are unsure about this you should make an appointment to speak to one of us and we can work out whether your background is likely to be accepted by the Department.

Australian Nominator

You will need an Australian citizen or Australian organisation to nominate you for the Global Talent visa. The nomination does not cost anything and does not come with any ongoing obligations.

This person or organisation does not need to know you personally but should be in a position of expertise in Australia in your field so as to be able to verify that you have the international reputation and that you should be granted a Global Talent visa.

Ajuria Case Study

Anna is working in San Francisco as a Software Developer. Whilst she met all requirements for the GTIP visa, she did not have an Australian nominator. This was arranged through the IT professional body whom after assessing her skills, were able to nominate him for the role.

If you need help working out who should be your nominator you can book an appointment to speak to one of us about it and we may even be able to help you find a suitable nominator if you do not have one.

Can earn more than $153,600

You do not need to show that you are currently earning more than this amount to be granted a Global Talent visa, although if you do earn more than this it will certainly help the application. The requirement is only that you demonstrate that you have the potential to earn that amount of money.

Ajuria Case Study

Laksh is a medical researcher working in Australia for a State government. His current annual salary is $98,000 which is less than the required $153,600 for the Global Talent Visa. By doing market research and collecting evidence of salaries in the private sector for similar type roles we were able to convince the Department that Laksh had the capacity to earn above the $153,600 threshold even though he is not currently earning that.

This is even easier to prove for recent PhD or certain Master’s graduates.

We can help you work out the best way to prove your ability to earn enough money for the Global Talent visa.

Other matters – Global Talent Visa Program

In addition to the above you will need to make sure that your Global Talent visa application is carefully prepared and that you have all the right evidence needed to prove your case to the Department. Not getting this right will lead to delays and could result in a rejection of your application. You will also need to demonstrate that you and your family meet all the health and character requirements.

How can Ajuria help you obtain a Global Talent visa?

We have a lot of experience with Global Talent Visas and can help you make a successful application.

We will help you:

1. Prepare and lodge your expression of interest making sure we focus on all the factors that the Australian government is looking for.
2. Work with your nominator and referees to build the strongest supporting evidence possible for your case.
3. Help gather evidence of your earning capacity in Australia.
4. Prepare, lodge and then navigate your visa application through the process to approval.
5. Understand how you can obtain Australian citizenship if that is your goal.

If you would like to know more, just make an appointment with one of our lawyers or partners by booking here. The cost of your consultation will be deducted from the costs for your visa. Get in touch today.

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DISCLAIMER This information is current as of 28 September 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

The pandemic has certainly created immense disruption to international business travel and mobility of workers across borders due to border closures, loss of flight routes, consulate closures, and outright visa bans. The rules are constantly changing and are proving difficult for businesses to navigate. The US immigration system has had a turbulent year, but one visa type has remained a valuable and consistent tool for Australian businesses seeking to send employees to the US to work and do business: the E-3 visa.

What is an E3 visa and who can get one?

The E-3 visa is a US work visa only granted to Australian citizens. It was negotiated out of the Australia – US free trade agreement in 2005. Australia is one of only five countries – Chile, Singapore, Canada, and Mexico being the four others — to have a nationality-specific US work visa available to its citizens.

The E-3 visa allows approved Australians to work in the US for 2 years and can be readily and indefinitely renewed.

Importantly, the E-3 visa has a significantly smoother and less burdensome application process than other US work visas which the rest of the world has to use. The E-3 visa is applied for directly at a US Consulate rather than requiring a petition to be first approved by USCIS, a long and expensive process, as is the case with most other work visa types such as the H-1B.

The essential requirements of an E-3 visa are a US job offer from a US-based sponsor in a professional role (one that usually requires a Bachelors degree or higher) with the applicant holding a Bachelors degree (or 12 years of professional experience in lieu). The wage paid to the applicant must be above the published “prevailing wage” for the role’s occupational category in the metropolitan area(s) where the employment will be based.

What are the strategic advantages for companies

The E-3 visa should be viewed by Australian businesses seeking to expand and grow into the enormous U.S. market as a valuable strategic and competitive tool. Doing business in the US usually requires an on-the-ground presence, especially when it comes to sales, deals, and negotiations: customers, investors and other partners usually expect to see a real U.S. presence before proceeding to do business with an organisation. When evaluating potential overseas jurisdictions for investment and growth, ease of doing business including mobility of talent should be considered as key criteria by Australian companies, and the special advantages Australia possesses into the U.S. should be contrasted with the relative difficulties and lack of special arrangements with other large markets.

The E-3 visa presents a unique strategic advantage for Australian businesses, not only individual Australian professionals, ranging from start-ups to SMEs and large corporate enterprises that seek to expand and grow in the United States.

Here are a few key advantages:

1. Most other countries have no E-3 visa type option: even other close allies of the United States such as the UK do not have special US work visa categories like the E-3. All but a handful of countries must use more difficult and restrictive visa categories such as the H-1B and L-1. These are subject to caps, random lotteries, inflexible timelines, political and bureaucratic scrutiny, higher costs, and other challenges. Below is a handy table detailing the main differences between these visas.
2. E-3 visas are not subject to travel restrictions – currently there is a ban on non-essential entries into the US from travellers originating from Schengen area (Europe), the UK, and China. These zones make up roughly a third of all global GDP – firms in these areas currently cannot send their employees into the US without exemptions, and these exemptions currently carry a very high bar. No such ban has ever been placed on travellers from Australia due to the excellent handling of the pandemic here as well as the special diplomatic relationship that exists between the two countries. No mandatory quarantine is in place in the US.
3. E-3 visas are not subject to Trump employment visa ban – bans implemented by the Trump administration on employment-based visas including the H-1B and L-1 will remain in place until March 2021. The E-3 visa was not banned. Australia has a further coveted position in the world at the moment: most U.S. Consulates globally, especially those in Europe, Latin America, India and China have suspended routine consular operations for most of the pandemic, making it nearly impossible to apply for a U.S. visa. U.S. Consulates in Australia resumed routine processing in November 2020 and now have resumed regular E-3 appointments.

Comparison of the main US work visas

	E-3 Australian citizens	H-1B	L-1 Intracompany Transfer
Petition required to be lodged with USCIS?	No	Yes	Yes
Lottery / Caps	No lottery.   10,500 per year – never attained. Usually ~5,000 issued per year.	Lottery once per year – April – currently random selection with ~33% odds, possibly switching to wage-prioritised selection	None
Timeline for hiring someone outside of the US	With emergency appointment at US Consulate based on urgent business need: potentially as soon as 7 working days   Standard process: depends on availability of appointments. US Consulate Melbourne, usually 2-4 weeks. Sydney: 6 weeks	Prepare and lodge petition during “cap” season before lottery – March. Wait for lottery. If successful, employment start date cannot be sooner than 1 October.	Lodge petition with premium processing (add’l fee) with USCIS by mail.   Response within 3 weeks unless request for evidence is made (likely).   If approved, arrange and attend visa interview at US Consulate (4-6 weeks)
Degree Required	Yes or 12 years of professional experience in lieu	Yes or 12 years of professional experience in lieu	No (with caveats)
Role Type	Professional – one that usually requires a degree.   Role will be classified into one defined occupational category	Professional – one that usually requires a degree   Role will be classified into one defined occupational category	L-1A: must be a managerial/executive position with commensurate responsibilities and organisational ranking   L-1B: must be a “specialised knowledge” worker – discretionary in nature.
Salary Requirements	Yes. Salary must be at or above “prevailing wage” for the selected occupational category in the metropolitan area the work will be performed in.	Yes. Salary must be at or above “prevailing wage” for the selected occupational category in the metropolitan area the work will be performed in.	No minimum salary, but in practice, both US salary and overseas salary will be considered when assessing managerial or specialised knowledge bona fides of the proposed role.
Is prior overseas employment with the company required?	No	No	Yes – at least one year full-time with the foreign entity over the last three years
US Payroll Required	Yes	Yes	No
Validity	2 years with indefinite renewals as long as “non-immigrant intent” is maintained	Usually 6 years	Maximum 7 years
Government fees	$205 USD	$460 USD (petition) + $500 USD fraud prevention fee + $2,500 USD (premium processing) + $190 USD (visa)	$460 USD (petition) + $500 USD fraud prevention fee + $2,500 USD (premium processing) + $190 USD (visa)

DISCLAIMER This information is current as of 19 January 2021 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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