Global Talent Visa -Employer Sponsored (GTES Visa)- Subclass 859

The Global Talent Program

The Global Talent Program

 

The Global Talent Program (Employer Sponsored GTES Visa) – Subclass 859 is a permanent visa designed to attract the world’s best and brightest talent. Through this program, Australian businesses and start-ups can easily access top talent from around the world, thanks to the continuation of the Global Talent – Employer Sponsored program (GTES), previously known as the Global Talent Scheme.

The Australian Government acknowledges the intense global competition for high-tech skills and talent and recognizes that attracting these individuals benefits Australian workers by transferring valuable skills and helping to grow businesses based in Australia.

Overview of the Global Talent Scheme

The Global Talent Scheme (GTS) consists of two main streams:

  1. Established Business Stream: For businesses with an annual turnover of more than $4 million.
  2. Startup Stream: For startups operating in technology-based or STEM-related fields.

Previously, the Global Talent Scheme visa was linked with the Temporary Skill Shortage Subclass 482 visa, offering a pathway to permanent residency after three years of employment on that visa.

Established Business Stream

Employer Criteria:

  • Must demonstrate that access to the GTES will create job opportunities and facilitate skills transfer to Australians.
  • Provide evidence of labor market testing (LMT) for specific positions as part of the GTES agreement request.
  • Must be in good standing with relevant regulatory bodies and comply with immigration and workplace laws.
  • Should be publicly listed or have an annual turnover of at least AUD 4 million for each of the past two years.
  • Must be endorsed as a TSS 482 accredited sponsor.

Applicant and Position Criteria:

  • Must meet health, character, and security requirements.
  • No familial relationship with the company’s directors or shareholders.
  • Qualifications should match the highly skilled role.
  • Must have at least three years of work experience directly related to the position.
  • Must be capable of passing on skills to Australians.
  • The position should have a minimum annual salary equivalent to the Fair Work High Income Threshold (currently AUD 175,000).

Features:

  • Access up to 20 positions per year, with each meeting the specified criteria.
  • Flexibility in visa criteria, including access to four-year TSS 482 visas.
  • A transitional pathway to permanent residence after three years, including possible age cap concessions.
  • Simpler agreement applications and faster processing of agreements.
  • If the position ends, the visa holder has 60 days to find a new sponsor, obtain a new visa, or leave Australia.

Startup Stream

Employer Criteria:

  • Must show that access to the GTES will support job creation and skills transfer to Australians.
  • Provide LMT evidence for specific positions as part of the GTES agreement request.
  • Must be in good standing with relevant regulatory agencies and comply with immigration and workplace laws.
  • Must operate in a technology-based or STEM-related field (e.g., digital, biomedical, agtech).
  • An independent startup advisory panel must 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 the company’s directors or shareholders.
  • Qualifications should match the highly skilled role.
  • Must have at least three years of work experience directly related to the position.
  • Must be capable of passing on skills to Australians.
  • Minimum annual earnings should be at the market salary rate but not less than AUD 80,000, including equity, with a cash component of no less than the Temporary Skilled Migration Income Threshold (currently AUD 73,150).

Features:

  • Access up to five positions per year, with each meeting the specified criteria.
  • Flexibility in visa criteria, including access to four-year TSS 482 visas.
  • A transitional pathway to permanent residence after three years, including possible age cap concessions.
  • Simpler agreement applications and faster processing of agreements.
  • If the position ends, the visa holder has 60 days to find a new sponsor, obtain a new visa, or leave Australia.

Additional Requirements for Startups:

To access the GTES, startups must meet at least one of the following criteria:

  • Received an investment of at least AUD 50,000 from an investment fund registered as an Early Stage Venture Capital Limited Partnership.
  • Received an Accelerating Commercialisation Grant at any time.

As the pilot program progresses, the criteria for startups will be reviewed to consider how the GTES can assist a broader range of startup businesses in the future.

Summary and Key Points

  • Positions filled through a GTS agreement must provide opportunities for Australians, including creating new jobs and transferring skills to Australian workers.
  • The GTS has two streams: established businesses (accredited sponsors) and startups (in technology-based or STEM-related fields).
  • There is flexibility in visa criteria, with up to four years of visa validity and a pathway to permanent residency.
  • Agreement processing is prioritized, and the ability to negotiate variances from standard TSS visa requirements is available.

Labor Market Testing (LMT) for the Global Talent Scheme

Period for Undertaking LMT:

  • You must provide LMT evidence when requesting a GTS agreement, including evidence for each specific occupation under the agreement. During the 12-month pilot period (until June 30, 2019), no further LMT is required for these occupations at the visa nomination stage.

Evidence of LMT:

  • You must provide evidence of two attempts to hire qualified and experienced Australians for each specific occupation, which may include two instances of the same method.
  • If it’s impossible to provide such evidence due to a limited global talent pool or unsuitable LMT methods, explain these circumstances in the GTS request form submitted to the Department.
  • LMT can be conducted by a third party authorized by the employer (e.g., a recruitment agency or executive search firm).
  • In cases of intra-corporate transfers, the employer can provide a formal letter of transfer or other documentation as LMT evidence.

The following table is designed to help you ensure that you have undertaken appropriate Labour Market Testing (LMT).

Method of LMT Possible Evidence
Websites, including technology-based global employment platforms (e.g., LinkedIn Jobs) – Copy of the advertisement

– Invoices for hiring services

– Number of applicants and other relevant metrics

Business’s own website (for established business streams of GTS only) – Copy of the advertisement
Executive Search Firms (headhunting) – Fees or invoices

– Summary of the search conducted

– Contract between the company and the executive search firm

Networking or referrals that lead to identifying globally recognized talent from overseas – Written referral or endorsement by industry leaders/experts, explaining why the specific individual overseas is the only one, or among very few, who could fill the nominated position, and confirming that no Australian worker is available.

Note: The Global Talent Scheme is not subject to ITOs (International Trade Obligations).

COVID-19 Update:

Due to the COVID-19 pandemic, there have been delays in processing most visas and Expressions of Interest (EOI). Global Talent Officers who were previously stationed overseas are now working from Australia.