How Is Your National Innovation Visa (SC 858) Application Prioritised? Ministerial Direction 112

Ministerial Direction 112 (MD 112) revoked Ministerial Direction 89 and commenced on 6 December 2024. This direction outlines the order of consideration for the National Innovation Visa (NIV) (Subclass 858) and what are the factors the decision-makers should consider when assessing exceptional and outstanding achievements. 
 

What is the Order of Priority for Applications? 

According to section 8 of MD 112, the order of priority for allocating applications for the Subclass 858 National Innovation Visa is as follows: 

Priority One

Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards. Awards include: 

  • Nobel Prize 

  • Breakthrough Prize 

  • Fields Medal 

  • Olympic Gold Medal 

  • Pulitzer Prize 

  • And many others.

Priority Two

Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State, or Territory Government agency. 

Priority Three 

Candidates with exceptional and outstanding achievements in a Tier One sector, including: 

  • Critical Technologies 

  • Health Industries 

  • Renewables and Low-Emission Technologies

Priority Four

Candidates with exceptional and outstanding achievements in a Tier Two sector, including: 

  • Agri-food and AgTech 

  • Defence Capabilities and Space 

  • Education 

  • Financial Services and FinTech 

  • Infrastructure and Transport 

  • Resources 

How to Assess Exceptional and Outstanding Achievements?

When assessing exceptional and outstanding achievements, decision-makers should refer to section 9 of MD 112, which outlines criteria that may include: 

  • National Research Grants: Receipt of significant grants indicating top-level talent (e.g., from the Australian Research Council or equivalent grants from other countries). 

  • Academic Influence: Holding a PhD with high academic influence, including publications in top-ranked journals. 

  • Keynote Appearances: Recent keynote presentations at high-profile international conferences. 

  • Intellectual Property: Holding relevant international patents. 

  • High Income Threshold: Employment offers or current salaries that meet or exceed the high income threshold. 

For applications under Priority Two, decision-makers should consider a broader range of achievements, which may include: 

  • Top-level sports and arts awards. 

  • Evidence of innovative business activities and significant investments. 

  • Promising entrepreneurial activities linked to start-up incubators. 

  • Exceptional community service contributions. 

  • Other achievements aligned with the agency’s strategic priorities.

What are the Subclass 858 Application Considerations?

The order of consideration specified in sections 7 and 8 of this Direction applies to visa applications for a Subclass 858 visa that are: 

  • Made on or after 6 December 2024, and 

  • Made, but not finally determined, before 6 December 2024. 

Note: The order of consideration does not apply to applications that the AAT or ART has remitted for reconsideration or to cases in which the AAT or ART has set aside a decision and substituted a new one. 

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How Can Agape Henry Crux Help

Ministerial Direction 112 establishes a clear framework for assessing applications for the National Innovation (SC 858) Visa, emphasising exceptional achievements across various sectors. Suppose you wish to understand the full MD112, our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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