Global Talent Visa Employer Sponsored - Subclass 859

The Global Talent program (employer sponsored)- subclass 859 is a permanent visa to attract the world’s best and brightest. Australian businesses and start-ups will have streamlined access to the best and brightest talent from around the world with the continuation of the Global Talent – Employer Sponsored program (GTES), formerly the Global Talent Scheme.

The Government recognises there is fierce competition globally for high-tech skills and talent, and that attracting these people helps to transfer skills to Australian workers and grow Australian-based businesses.

The Global Talent Scheme will consist of two components. Established businesses with an annual turnover of more than $4 million and the start up stream explained below.

Previously the Global Talent Scheme visa was with Temporary Skill Shortage Subclass 482 and had a permanent residency option after three years employment on that visa.

Established business stream

Employer criteria

• Demonstrate that access to the GTES will support job opportunities and skills transfer for Australians
• Labour market testing evidence for the specific positions as part of requesting a GTES agreement
• The employer must be in good standing with relevant regulatory agencies, including compliance with immigration and workplace laws
• Must be publicly listed or have an annual turnover of at least AUD 4 million for each of the past 2 years
• Be endorsed as a TSS 482 accredited sponsor

Applicant and position criteria

• Must meet health, character and security requirements
• No familial relationship with directors/shareholders
• Qualifications must be commensurate with the highly skilled role
• At least 3 years work experience directly relevant to position
• Capacity to pass on skills/develop Australians
• Position must have minimum annual earnings equivalent to the Fair Work High Income Threshold (currently AUD 175,000)

For further information regarding High Income Employees see the Fairwork Ombudsman website.

Features

• Access up to 20 positions per year (applicant and position criteria must be satisfied on each occasion).
• Flexibility in certain visa criteria, including access to 4 year TSS 482 visas.
• Transitional pathway to permanent residence after 3 years, including age cap concessions.
• Simpler agreement applications and faster processing of agreements.
• If the position ceases the visa holder will have 60 days to find a new sponsor and a new visa or depart Australia.

Start-up stream

Employer criteria

• Demonstrate that access to the GTES will support job opportunities and skills transfer for Australians.
• Labour market testing evidence for the specific positions as part of requesting a GTES agreement.
• The employer must be in good standing with relevant regulatory agencies, including compliance with immigration and workplace laws.
• Operates in a technology based or STEM-related field (eg digital, biomedical, agtech).
• Independent startup advisory panel will assess and endorse the business as a viable and genuine startup.

Applicant and position criteria

• Must meet health, character and security requirements.
• No familial relationship with directors/shareholders.
• Qualifications must be commensurate with the highly skilled role.
• At least 3 years work experience directly relevant to position.
• Capacity to pass on skills/develop Australians.
• Minimum annual earnings at the market salary rate, but not less than AUD 80,000. This can include equity, but must have a cash component that is no less than the Temporary Skilled Migration Income Threshold (currently AUD73,150).

Features

• Access up to 5 positions per year (applicant and position criteria must be satisfied on each occasion).
• Flexibility in certain visa criteria, including access to 4 year TSS 482 visas.
• Transitional pathway to permanent residence after 3 years, including age cap concessions.
• Simpler agreement applications and faster processing of agreements.
• If the position ceases the visa holder will have 60 days to find a new sponsor and a new visa or depart Australia.

Startups seeking to access the GTES must meet at least one of the following requirements:

• you have received an investment of at least AUD50,000 from an investment fund registered as an Early Stage Venture Capital Limited Partnership.
• you have received an Accelerating Commercialisation Grant at any time.

As the pilot progresses, we will review the criteria for startups and consider how the GTES can assist a broader range of startup businesses in the future.

Important points and summary:

Any position filled through a GTS agreement must provide opportunities for Australians. These opportunities include the:

• creation of new jobs for Australians.
• transfer of skills and knowledge to Australian workers.

The main features of the GTS are:

• 2 streams – established business (accredited sponsors) and startups (operating in a technology based or STEM (science, technology, engineering and mathematics) related field).
• the ability to negotiate variance from standard TSS visa requirements.
• agreement processing is prioritised.
• access to highly-skilled roles for trusted employers – not restricted to occupation lists.
• visa validity of up to 4 years, and access to permanent residency pathway.
• negotiable age requirements on permanent residence pathway.

LMT for the Global Talent Scheme

Period in which LMT must be undertaken

You must provide evidence of LMT when requesting a GTS agreement. Evidence must be provided for each specific occupation sought under the GTS agreement. Within the 12 month pilot period (until 30 June 2019) no further LMT will need to be undertaken for these occupations. Evidence will not need to be provided at the nomination stage of the visa process within the pilot period.

If you are seeking a deed of variation to a GTS agreement to add new occupations, you must provide evidence of LMT before these occupations can be added to the agreement.

Evidence of LMT

You must provide evidence of 2 attempts for each specific occupation to employ qualified and experienced Australians. This can include 2 pieces from the same overall method, for example:

Where it is impossible to provide evidence of 2 attempts, for example because of a very limited global pool of suitable people and where the methods of LMT listed below are not suitable, explain these circumstances in the GTS request form you submit to the Department.

LMT can be undertaken by a third party if authorised to do so by the employer (for example, an associated entity or a contracted party, such as a recruitment agency or executive search firm).

Where a position is an intra corporate transfer of an existing employee of a company to another branch or associated entity of that company operating in Australia, the employer can provide a formal letter or other documentation outlining the intra-corporate transfer arrangement as evidence of LMT.

Under the GTS, there are no prescribed requirements for the content or duration of advertisements. The Department will assess whether any advertisement genuinely tests the Australian labour market.

The following table is intended to assist you in ensuring the have undertaken appropriate LMT.

METHOD OF LMT	EVIDENCE MAY INCLUDE:
Websites including technology based global employment platforms (for example LinkedIn Jobs)	Copy of advertisement Invoices for hiring services Number of people who have applied and other metrics
Business’ own website (established business stream of GTS only)	Copy of advertisement
Executive Search firms (headhunting)	Fees or invoices Summary of search undertaken Contract between company and executive search firm
Networking or referrals, where this results in the identification of globally recognised talent from overseas.	Written referral or endorsement by industry leaders/experts in their field explaining why the specific individual overseas is the only person, or one of very few people, who could undertake the nominated position, and no Australian worker is available