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Distinguished Talent (Migrant) Visa – Subclass 124 What is Subclass 124 Visa?

The Distinguished Talent (Migrant) Visa – Subclass 124 is a specifically designed for people who are outside Australia with a history of excellence in an eligible field. The visa applicant applying for this visa must have an internationally recognised record of achievement in:

  • a profession; or

  • a sport; or

  • the arts; or

  • academia and research

The achievements must be exceptional and outstanding. This means the visa applicant:

  • is currently prominent in their field

  • have superior abilities to others in their field

  • are acclaimed as exceptional in any country where their field is practiced

  • have a record of sustained achievement that is unlikely to diminish in the future

The visa applicant must also participate in a field that:

  • is recognized and accepted in Australia

  • has international standing

If you wish to lodge an onshore Distinguished Talent Visa, please read [Distinguished Talent Visa (Residence) – Subclass 858] [insert hyperlink to subclass 858]


What is the Application Process?

The Applicant must satisfy the following requirements:

What is the Nomination Application Process?

There is only one stage in the application process, i.e. the Visa Application, however the applicant must also be nominated by one of the following (and the nomination form must be submitted along with the visa application form):

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen or
  • an Australian organisation with a national reputation in relation to your area of talent.

The approved nomination form is Form 1000 which must be completed by any of the above nominators. The Form must be provided with the visa application for the application to be valid.

Evidence To Attach To The Nomination Form

The nominator will need to include the following documents with the completed nomination form:

  • a personal, comprehensive statement of the visa applicant’s achievements in their field
  • details of the visa applicant’s and nominator’s achievements in your common field
  • relevant supporting documentation about the visa applicant. Examples: newspaper/magazine articles, supporting comments from qualified people
  • details of employment arrangements or other assistance used to help establish the visa applicant.

WHat is the Visa Application Process?

The approved application form is Form 47SV, which can only be made by post. The applicant must:

  • be outside Australia when this visa is granted;
  • If aged 18 or over must have functional English;
  • have an internationally recognised record of exceptional and outstanding achievement in a profession, a sport, the arts, or academia and research;
  • are still prominent in the relevant area; and
  • would be an asset to the Australian community; and
  • would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the relevant area; and
  • meet health and character requirements.

+What is Internationally Recognised?

What does ‘exceptional’ mean?

Applicants should be very eminent in the top echelons of their field. They should demonstrate extraordinary and remarkable abilities and be superior to others in their field.

‘Internationally recognised’ in this context means that a person’s achievements have or would be acclaimed as exceptional and outstanding in any country where the relevant field is practiced.

‘Exceptional’ and ‘outstanding’ should be accorded ordinary dictionary meaning within context. Claims of an “excellent” level of performance in a job, particularly where the benefits of such performance may only be realised locally, would not be regarded as exceptional and outstanding achievement.

A single achievement by the applicant, particularly where it appears to be the only significant achievement, would not be regarded as ‘exceptional and outstanding’ achievement. It is anticipated that an applicant would have a record of sustained achievement that is unlikely to diminish in the future.

An achievement that may attract national acclaim would not be considered as ‘international recognised’ unless that achievement is in a field practised in other countries (including Australia) and has or would attract similar acclaim in those countries.

Given the ordinary dictionary meanings, in order to have a ‘record of exceptional and outstanding achievement’ an applicant would be expected to have achievements remarkable in relation to that field and in relation to other participants in that field. An applicant should be at the very top of their field.

Assessing this Criterion

In demonstrating the applicant’s record of achievement, the following may be considered:

  • Information provided by the nominator, who should provide a full account of why they believe the applicant has an exceptional and outstanding record of achievement
  • Supporting statement and material provided by the applicant detailing relevant aspects of their background including their qualifications, achievements and positions held. This should include information relating to any achievements in Australia
  • Awards or higher qualifications received from internationally recognised institutions or organisations
  • Details and supporting material on sporting achievements including:

    • national and international rankings and
    • results in competitions or tournaments and
    • statements from international sporting bodies and
    • sporting scholarships received and
    • newspaper and magazine articles attesting to achievements
  • Details and supporting material on achievements in arts including:

    • books published and
    • national and internationals sales achieved and
    • awards and commissions received and
    • galleries in which works are displayed and
    • scale and audience of displays held and
    • recognition by peers and
    • statements from international artistic bodies
    • and newspaper and magazine articles attesting to achievements
  • Details and supporting material on academic and research achievements, including:
    • reports commissioned and
    • books published and
    • articles appearing in professional journals, magazines and newspapers and awards received and
    • recognition by peers and
    • statements of achievement from government, professional, scientific or other relevant bodies and
    • honours and accolades (for example, a Nobel Prize in Medicine) and
    • professional designation such as PhD, P.Eng or M.D, whether this be purely honorary or symbolic, or associated with credentials attesting to specific competence, learning or skills and
    • membership to international groups and organisations associated with the area of learning and
    • evidence of government/private grants associated with the applicant’s area of research and
    • evidence of receiving a fellowship or honorary appointments such as Professor or Associate Professor in highly regarded educational institutions that specialise in the same field.
  • Details and supporting material on professional achievements including:
    • industry awards and accolades and
    • references from current and past employers and
    • statements from prominent industry peers and
    • academic degrees or professional designations associated with the applicant’s field of work and
    • personal/professional titles (such as CEO, Lord, Knight, Right Honourable) indicating an earned rank or position within a formal power structure.

International Recognition Required

Achievement in a profession, a sport, the arts or academia and research that has not or would not be recognised at an international level would not be regarded as exceptional and outstanding.

It is expected that an applicant's achievements have or would be acclaimed as exceptional and outstanding in any country where the relevant field is practised. The field would also need to have recognition and acceptance in the wider Australian community as well as international standing. In determining the international standing of the applicant, officers should consider:

  • the international standing of the country, where the applicant's achievements were realised, in respect of the particular field
  • the standing of the achievement in relation to Australian standards and
  • the standing of the achievement in relation to international standards.

For example, an applicant rated at or near the top of their field in their home country would be expected to have an international record of exceptional and outstanding achievement if:

  • the field is undertaken and recognised in a number of countries including Australia and
  • the achievement would be similarly recognised in relation to international and Australian standards for that field.

+How to demonstrate current prominence?

'Prominent' should be accorded ordinary dictionary meaning within context; appropriate synonyms are conspicuous and important.

It is essential for the integrity of the distinguished talent program that successful applicants not be assessed on past performance only but require current prominence in their area.

An applicant claiming distinguished talent in a particular area but who has not been active at a high level in that area for more than 2 years would not be regarded as retaining prominence in that area.

The information/documentation described above is also relevant to the assessment of this criterion. It would be expected that the evidence provided be current and demonstrate current prominence.

+How to be an asset to Australia?

The applicant’s settlement in Australia will benefit the Australian community, not just the applicant and/or nominator (or prospective employer). The reference to ‘the Australian community’ is to be interpreted in terms of Australia as a whole and not just a local community in geographic terms or a particular social, cultural or business community in Australia.

Policy reflects that the applicant’s settlement in Australia will benefit the Australian community, not just the applicant and/or nominator (or prospective employer). The reference to the Australian community is to be interpreted in terms of Australia as a whole and not just a local community in geographic terms or a particular social, cultural or business community in Australia.

‘Asset’ does not only refer to economic benefit. It could also refer to social and/or cultural benefit to the Australian community.

An applicant should not have a history of achievement in an area that is, of its nature, not generally acceptable to Australia.

Assessing this Criterion

The benefit that the applicant would bring to the community:

  • should contribute to the betterment of the Australia community economically, socially or culturally, depending on the applicant's intended field of activity, or raising Australia sporting, artistic or academic standards internationally
  • must be clearly apparent and not simply conjecture on the part of the applicant or s65 delegate.
  • The fact that the applicant might introduce and/or transfer skills to Australia would not alone be sufficient to satisfy this criterion.

This criterion would not be considered satisfied if the applicant was involved in an area that is:

  • outside the generally accepted social or cultural norms of most people in Australia
  • likely to be offensive to large segments of the Australian community or
  • would otherwise give rise to controversy were the applicant to enter Australia as a distinguished talent.

+What is the employability criteria?

The applicant must demonstrate why they would have no difficulty in obtaining employment, or how they expect to support themselves, in Australia within their area of achievement. Officers can consider a combination of the following when assessing this criterion:

  • employment contracts or offers of employment related to the area of achievement. This may be evidenced by current and future employment opportunities from employers, employment/recruitment agencies, or organisations involved with the area of achievement at the national level
  • evidence of self-employment or opportunities to establish a viable business within the area of achievement
  • evidence of sponsorships, scholarships, grants or other payments intended to support the applicant while they are engaged in activities related to the area of achievement.

Income from employment that is unrelated to the area of achievement cannot satisfy this criteria even if this comprises only part of the overall income for the applicant. Existing funds and/or assets held by the applicant do not contribute to satisfying this requirement.


What We Like About This Visa?

This visa subclass provides opportunity for those who are living in their home country and subject to persecution in home country. Unlike other refugee visas, the applicants do not need to show that they are residing outside of their home country.

There are no costs associated with this visa, unless the applicant is applying under the Community pilot. The Australian Government pays for:

  • travel costs to Australia

  • other costs before the Applicant leaves for Australia, including medical examinations and cultural orientation.

If a member of the Applicant’s immediate family was granted this visa in the past five years, he or she can propose the Applicant for this In-country Special Humanitarian visa under ‘split family’ provisions.

 

Client Testimonials

….we call it Support Network

As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meeting in person.

These are their stories…

 

What Questions Do Migration Agents Ask Our Accredited Specialists

  1. Under what business structure, can a job placement company, apply to be a sponsor with the sole purpose of charging a fee to visa applicants? And is there a method which would allow the sponsor to place the visa applicant with another unrelated business?

  2. How can employers charge a payment to the visa applicants in exchange to sponsor, without being caught under the immigration offence ‘cash for visa’?

  3. How many types of visas (including streams), can a Temporary Activities Sponsor benefit from, in sponsoring more candidates? And are there any difference in the sponsorship obligation?

  4. Can a visa applicant pay for costs related to the visa applicant? or must the Sponsor pay for all costs? How do I explain & educate my client, a large company who does not wish to pay for any costs for the sponsorship because the Director feels that the visa applicant has more to benefit than the company.

  5. In what circumstances will a visa applicant lose their right to appeal a refusal?

 

How Much Do We Charge?

Professional Fees

Sponsorship Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Nomination Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Visa Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Dependent Application
(a) From $1,000 + GST
(b) From $2,000 + GST
(c) From $3,000 + GST

Credit Card Surcharge
- MasterCard: 1.5%
- VISA: 1.67%
- American Express: 2.75%
- EFTPOS: 30 cents

Immigration
Charges

Sponsorship Application
- $420

Nomination Application
- $330

Levy Charges
- $1200 per annum (<$10m)
- $1,600 per annum (>$10m)

Visa Application
- $1,000 (over 18 years)
- $2,000 (under 18 years)
- $700pp (applying in Australia)

Health Check
- $330 (chest x-ray)
- $330 (medical exam)

Credit Card Surcharge
- MasterCard: 1.32%
- VISA: 1.32%
- American Express: 1.40%
- Diners Club: 1.99%
- JCB: 1.40%

Other
Charges

Police Clearance
- $47 (Australia)
- TBA (Outside Australia)

Health Insurance
- TBA

Interpreter & Translator
- TBA

Job Advertisements
- TBA

Other 3rd Party Services
(only if applicable)
- Recognized Prior Learning
- Skills Assessment
- Registration/Membership/Licence
- Labour Market Testing (Unions only)
- Business Plan writers
- Accounting services
- Researchers for salary, LMT, etc







Presenting….
a newer & better
financial expectation

The beautiful part is that if you find that your immigration lawyer does not meet your expectations, you have the option of changing immigration lawyers with different teams, without having to completely change law firms where they’d charge a significant amount as part of the initial fact finding and preliminary advice.

 

Why are there different prices for the same service?

We have a variety of legal professionals, allowing you the freedom to choose according to lawyer’s fees, speed, experience and most importantly a personality that matches yours. This way, our clients get the best of shopping around different law firms while eliminating the need to re-tell the story again and transferring of supporting documents. Naturally, junior lawyers charge lower fees and the more years of experience our lawyers gain, the higher their fees. However, it is not all always about profitting, some of our lawyers are open to pro bono cases (free legal advice).

What are the Legal Personas to Choose From?

Our lawyers are considered “book-smart”, while others are more inclined towards being labelled “street-smart”. The younger lawyers tend to be very fast & responsive, but a handful are slow (although they beg to differ, that slow & steady wins the race). The older lawyers are usually more attentive and have a reputation of customer relations. But if money is no object, you can engage a bunch of them, or all of them.

Similar to the concept of “shopping centers”

…...ALL UNDER 1 ROOF 
shopping around has never been easier