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12 April 2023

Form 1000 for Global Talent Visa

JS
JB Solicitors

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What is the Form 1000. Discusses the global talent visa & matters surrounding Form 1000.
Australia Immigration
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What is the Form 1000? It is the Nomination for Distinguished Talent form while applying for a talent visa or a Subclass 858 Visa. This global talent visa (talent visa) in Australia is a permanent visa that is suitable for individuals who have an internationally recognised record or outstanding achievements in an eligible field or target sectors.

These target sectors include resources, education, health industries, financial services, among others. Migrants under this category are those who have special talents, eligible under the global talent independent program (GTI program) or the global talent visa program. For example, internationally acclaimed athletes, musicians, artists, designers, among others.

To obtain the talent visa, a person must be nominated by an eligible nominator who must fill up Form 1000. Generally, the contents of this form describe the applicant or nominee's internationally recognised record of exceptional achievement in their profession. It also includes whether they are still prominent and whether they would be an asset to the Australian community.

This form is submitted alongside all necessary informational documents as requested by the Department of Home Affairs (the Department or the DHA). This article discusses matters surrounding Form 1000.

Form 1000: Nomination for Global Talent

The applicant of a talent visa must produce a completed Form 1000. This form requires a nominator to endorse the applicant's record of achievement.

Form 1000 should also include detailed information as to why the nominator believes you have an exceptional and outstanding record of achievement. They are also required to attest that:

  • Your expertise in the specified field is prominent and current, and
  • You will become an asset to Australia in the area of your nominated expertise should the visa be granted.

Who Can Be a Nominator?

A nominator for the talent visa can either be an individual or an Australian organisation.

An individual nominator

For an individual, your nominator must have a national reputation in the same field as you, and should either be:

  • an Australian citizen
  • an Australian permanent resident, or
  • an eligible New Zealand citizen.

It is worthy to note that Australian citizens, permanent residents or eligible NZ citizens living overseas can also nominate you. Additionally, if your nominator is an individual, their national reputation should be detailed in Part B of Form 1000.

An Australian Organisation

For an Australian organisation, the organisation must:

  • Be registered in Australia or authorised to carry on business in Australia, and
  • Have an Australian Business Number (ABN).

An "Australian organisation" holds a broad interpretation and includes an Australian organisation that operates outside Australia. In order to be considered an Australian organisation, an organisation that only operates overseas but not in Australia must have been established by an Australian parent company, or an Australian citizen or Australian permanent resident who continues to operate the business.

If the nominator is an Australian organisation, their national reputation should be detailed in Part A of Form 1000.

It is important to note that nominators cannot be added or changed after you lodge your talent visa application. Importantly, while a Form 1000 is needed for a talent visa, if you are endorsed by the Prime Minister's Special Envoy or supported by the Minister or Director-General responsible for national security, you do not need a nominator and a Form 1000 for your application. Instead, you must provide evidence of the endorsement.

What Does It Mean To Be of "National Reputation"?

A "national reputation" generally means an image or opinion held by the Australian community about an individual or an organisation registered in Australia. National reputation can be demonstrated through the following:

  • Professional standing,
  • Solid track record of achievements,
  • Evidence of international achievements,
  • Professional associations with lead organisations and industry bodies,
  • Current or previous employment history,
  • Contribution to a number of international journals which would be utilised by researchers, academics and organisations undertaking work in the same field of research, and
  • Participation in international or Australian conferences.

An example includes a senior employee in an Australian leading organisation or an internationally competitive business.

These are just a number of factors that are taken into consideration in assessing the nominator's reputation. These factors may contribute to the credibility of the nominator's attestation to the nominee or applicant's achievements. More factors not listed on this article may be considered in identifying a "national reputation".

What Are the Obligations of a Nominator?

The Form 1000 is an endorsement; it does not place any obligations on the nominator. It can either be accepted or refused. If accepted, it means that the Department has accepted the nominator's verification that the applicant meets the points or qualifications set out in the Form.

This is not like sponsorship obligations in other Australian visa applications which create obligations on the sponsor. If the nominator provides fraudulent or incorrect information, then it simply leads to a visa refusal (and non-acceptance of information from the nominator in future applications). If a nominator provides correct information, they may also nominate multiple visa applicants.

Nominations should reference independently verifiable information to demonstrate that they meet the criteria. An example of verifiable information includes the nominator's LinkedIn profile or newspaper articles by the nominator, or that refer to the nominator.

The Importance of Seeking Legal Advice from Expert Immigration Lawyers

When applying for a global talent visa, it is very important for your nominator to be in the same field as you. The Department may ask for more documents, such as newspaper or magazine articles, or any other publication, or anything else that can vouch for you and your nominator's credentials.

Further, there are other requirements to fulfil while obtaining a global talent visa. Hence, it is highly advisable to seek legal services when lodging your talent visa application.

JB Solicitors has a leading team of expert immigration lawyers that can help with your application. We can assist you in identifying a suitable or eligible nominator and prepare a strong submission to accompany the Form 1000. We have dealt with various enquiries on the GTI program and can give you legal advice on any matter pertaining to the global talent visa.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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