The Global Talent program (employer sponsored)-subclass 859 is a permanent visa designed to recruit the smartest and brightest people from throughout the world. With the continuation of the Global Talent – Employer Sponsored Program (GTES), formerly the Global Talent Scheme, Australian businesses and start-ups will have streamlined access to the best and brightest talent from across the world.
The government recognizes that high-tech skills and expertise are in high demand across the world, and that attracting these individuals helps to transfer skills to Australian workers and expand Australian enterprises.
There will be two parts to the Global Talent Scheme. Businesses having an annual turnover of more than $4 million, as well as the start-up stream, mentioned below.
Previously, the Global Talent Scheme visa was associated with the Temporary Skill Shortage Subclass 482 visa, which allowed for permanent residency after three years of employment.
Related :Global Talent Independent program (GTI)
Established business stream
Employer criteria
- Demonstrate how access to the GTES will help Australians find work and transfer their abilities.
- Provide labor market testing evidence for the relevant positions when requesting a GTES agreement.
- The employer must be in good understanding with the appropriate regulatory agencies, including immigration and labour legislation.
- For the previous two years, the company must have been publicly traded or had an annual turnover of at least AUD4 million.
- Obtain TSS accreditation as a sponsor.
Applicant and position criteria
- Health, character, and security standards must all be met.
- There is no family connection to the directors or shareholders.
- Qualifications must be appropriate for the highly skilled position.
- At least three years of work experience directly related to the position is required.
- Ability to teach and develop Australians
- Position must pay at least the minimum wage set by the Fair Work Commission. Threshold of High Income (currently AUD153,600)
Features
- You can apply for up to 20 vacancies per year (On each occasion the applicant and position criteria must be satisfied).
- Certain visa criteria are more flexible, including access to four-year TSS visas.
- After three years, there is a transitional track to permanent residence, which includes age gap concessions.
- Agreement applications that are easier to use and agreements that are processed more quickly.
- If the job is no longer available, the visa holder has 60 days to locate a new sponsor and obtain a new visa or leave Australia.
For more information about High Income Employees consult the Fairwork Ombudsman website.
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 AUD80,000. This can include equity, but must have a cash component that is no less than the Temporary Skilled Migration Income Threshold (currently AUD53,900).
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 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 interested in joining the GTES must meet at least one of the following criteria:
- An investment fund registered as an Early Stage Venture Capital Limited Partnership has made a minimum investment of AUD50,000 in you.
- At any point in time, you have received an Accelerating Commercialisation Grant
As the pilot proceeds, we’ll look at the startup criteria and see if the GTES can help a broader spectrum of firms in the future.
Points to remember and a summary:
Any post filled as a result of a GTS agreement must be open to Australians. These possibilities include the following:
- Creating new jobs for Australians
- transfer of skills and knowledge to Australian workers
The main features of the GTS are:
- Business established -2 streams (accredited sponsors) and start up business (operating in a technology based or STEM (science , technology , engineering and mathematics ) related areas .
- The negotiation ability about variance from standard TSS visa requirements
- priority to agreement processing
- Highly skilled roles are accessible for the trusted employers and are not restricted to occupation lists
- Visa validity of up to four years and access to the permanent residency .
- Age requirement criteria is also negotiable on permanent residency 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 show evidence of two attempts to hire qualified and experienced Australians for each relevant occupation. This could be two elements from the same general method, such as:
Explain these conditions in the GTS request form you submit to the Department if it is impossible to show evidence of two efforts, for example because there is a very small worldwide pool of appropriate personnel and the LMT procedures indicated below are not suitable.
LMT can be performed by a third party if the employer has given permission (for example, an associated entity or a contracted party, such as a recruitment agency or executive search firm).
An employer can provide a formal letter of transfer or other documentation outlining the intra-corporate transfer arrangement as evidence of LMT when 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.
There are no requirements for the content or duration of ads under the GTS. The Department will determine whether any advertisement is truly putting the Australian labor market to the test.
The table below is designed to aid you in ensuring that you have completed proper LMT.
| METHOD OF LMT | EVIDENCE MAY INCLUDE: |
|---|---|
| Websites including technology based global employment platforms (for example LinkedIn Jobs) |
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| Business’ own website (established business stream of GTS only) |
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| Executive Search firms (headhunting) |
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| Networking or referrals, where this results in the identification of globally recognised talent from overseas. |
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