Immigration Law
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Distinguished Talent (Residence) Visa – Subclass 858

What is Subclass 858 Visa?

The Distinguished Talent (Migrant) Visa – Subclass 858 is specifically designed to allow people with distinguished talent in Australia to apply for permanent residency. The visa applicant applying for this visa must have an internationally recognized" 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, and

  • have remained prominent in their field in the past 2 years; and

  • have superior abilities to others in their field; and

  • are acclaimed as exceptional in any country where their field is practised; and

  • 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; and

  • has international standing

Note: Persons holding the following are not eligible to apply:

  • Electronic Travel Authorities

  • Visitor

  • Tourist

  • Business-(short stay)

  • Special Purpose visa

  • Maritime Crew (Temporary) (Class ZM)

  • Sponsored (Visitor) (Class UL)

  • Super yacht Crew (Temporary) (Class UW)

  • Subclass 400 (Temporary Work (Short Stay Specialist))

If you wish to lodge an offshore Distinguished Talent Visa from outside Australia, please read [Distinguished Talent Visa (Migrant) – Subclass 124.

 

What is the Application Process?

There are 2 stages involved in the application processes:

stage 1: Nomination

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; or

  • an Australian permanent resident; or

  • an eligible New Zealand citizen; or

  • an Australian organisation with a national reputation in relation to your area of talent.

To be eligible the nominator must demonstrate:

  • their standing in the relevant area having a national reputation in the same relevant area as the applicant;

  • their personal knowledge of the applicant’s exceptional and outstanding achievements and their standing in the relevant area;

+ What is meant by National Reputation?

'National reputation' means highly regarded throughout Australia. A reputation confined to one state or region would not be considered national. The reputation must be in the same field as the applicant's. It is also expected that the nominator's testimony be representative and recognised as such, of all Australian participants in the relevant field.

In assessing the status or standing of the nominator, consideration should be given to factors similar to those used in determining the standing of the applicant. Regardless of whether the nominator is an individual or an Australian organisation, consultation with the relevant peak body is recommended, particularly if there is any doubt as to the standing of the nominator. Care should be taken in such circumstances to ensure the privacy of the parties involved. In the absence of an Australian peak body, an appropriate international body may be consulted.

+ What is an approved Nomination Form?

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.

+ What are the 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.

stage 2: visa APPLICATION

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

For the visa application to be valid, the application must be accompanied by a completed, signed and dated Form 1000 Nominator Form.

At the time of applicant, the applicant must:

  • be inside Australia when this visa is granted;

  • if aged 18 or over must have functional English;

  • have an internationally recognized 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.

Note: Please refer to Subclass 124 for a more detailed version of the above requirements. [insert hyperlink to subclass 124]


What We Like About This Visa?

The visa applicant allows the applicant:

  • To stay, work and study in Australia indefinitely.

  • To be any age to apply for this visa (Exception: The applicant must be of “exceptional benefit” to the Australian community if they are over 55 years of age or below 18 years of age)

  • To receive subsidized healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)

  • Be eligible for Australian citizenship (subject to the residency eligibility criteria)

  • To sponsor eligible relatives for permanent residence

 

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