GTI 澳洲全球杰出人才项目与124及858签证的关系

GTI Global Talent Independent program = 858 Visa

澳大利亚移民部2019年11月4日推出全球人才独立计划GTI项目( Global Talent Independent program)本属于124签证(境外)和858签证(境内)杰出人才项目,根据申请人所在地选择签证申请类别。

2020年11月14号之后124杰出人才签证(海外申请人)以及858杰出人才签证(境内申请人)合并为 858 签证j进行提交,无论申请人在境内还是境外皆递交858杰出人才签证。因此,现在GTI签证就等同于858签证了。

Schedule 2 – Amendments to the Distinguished Talent visas

Overview

These amendments are inserted by Schedule 2 to the Amendment Regulations.

The Distinguished Talent program provides access to permanent residence in Australia for people who have an internationally recognised record of exceptional and outstanding achievement in a profession, sport, the arts, academia and research, are still prominent in the area and would be an asset to the Australian community. Since 2019, Distinguished Talent visas have been used for the new Global Talent Independent program designed to attract exceptionally skilled migrants in priority sectors to Australia.

The Distinguished Talent program currently uses two visa Subclasses: Subclass 124 which is intended for applicants residing outside of Australia and Subclass 858 for applicants in Australia. These offshore and onshore distinctions are no longer required given the advances in technology and visa processing. In addition, the current Distinguished Talent visa framework has caused some confusion in the context of the Global Talent program, preventing certain highly skilled candidates from applying for, or being granted a visa, and sometimes resulting in candidates applying for the wrong visa Subclass. The amendments inserted by Schedule 2 repeal the offshore visa and amend the onshore visa to enable it to be used by all applicants regardless of their location.

The aim of these amendments is to simplify the Distinguished Talent visa framework and improve access to the visa product, while protecting the program’s integrity. These amendments streamline the distinguished talent category by replacing the current offshore (Subclass 124) and onshore (Subclass 858) visas with one visa (Subclass 858) that can be applied for and granted regardless of the location of the applicant or their previous visa status. These changes also support the Government’s Global Talent program, which is implemented primarily via the distinguished talent visas.

The policy intention of these amendments is to create a more flexible visa product that is accessible to a greater number of applicants and to bring it more in line with other skilled visas. Specifically these amendments:

  • Repeal the Distinguished Talent (Migrant) (Subclass 124) visa.

  • Amend the Distinguished Talent (Resident) (Subclass 858) visa so that:

    • The applicant may be in Australia or outside Australia but not in immigration clearance at time of application and grant. This will simplify access to the visa product.

    • Holders or former holders of certain temporary visas will no longer be barred from applying for a Distinguished Talent visa onshore. This measure will make the visa more accessible to potential applicants. Applicants who are in Australia will be required to hold a substantive visa or bridging A, B or C visa.

    • Public Interest Criterion (PIC) 4005 is replaced with PIC 4007, allowing for the discretionary waiver of certain health-related requirements for both the applicant and their family members. This will bring the visa in line with a number of other skilled visas and improve access to the visa product.

    • Introduce special return criteria 5001, 5002 and 5010 for the grant of this visa for all primary and secondary applicants. These criteria require: that the applicant is not a person who left Australia following a visa cancellation on character grounds; that the applicant is not a person who was removed from Australia in the 12 months before applying for the visa, unless there are compelling or compassionate circumstances; and that the applicant is not a ‘Foreign Affairs student visa’ holder or a student visa holder supported by a foreign government, unless certain requirements are met. These are standard integrity criteria, and are included in the Subclass 858 visa for consistency with other permanent visas, and in most cases would not affect persons who are in Australia.

    • If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose, and condition 8515 may be imposed on secondary applicants. Condition 8515 is aimed at ensuring that persons granted the visa on the basis of being a dependent of the primary visa holder are still ‘dependent’ at the time of entry.

  • Provide access to the family violence concession for secondary applicants for applicants who were in Australia at the time the application was made.

    • Generally, a member of the family unit (secondary applicant) may be granted a visa if the primary applicant has been granted the visa. However if they are no longer a member of the family unit at the time of decision, they will not be able to be granted the visa on this basis. The effect of the family violence concession is that a spouse or de facto partner of a primary visa holder may also be granted the visa, even if the relationship has ended, if it is a situation in which family violence has occurred.

    • Prior to these amendments, this concession was available for the onshore Subclass 858 visa and not to the offshore Subclass 124 visa. Most applicants for the Subclass 124 visa are not in Australia at any stage, because the applicant must be outside Australia at the time of grant.

    • Once the Subclasses are merged by these amendments, the concession will continue to be available to applicants who apply for the Subclass 858 visa in Australia, but will not be extended to applicants who applied outside Australia.

    • This is largely to maintain the status quo in relation to access to the family violence concession as it currently exists under the two visas with onshore and offshore distinctions, given it is not available to the offshore Subclass 124 visa applicants. This is because, in broad terms, the policy is to assist applicants who experience family violence in Australia to remain in Australia after their relationship has ended.