Update on the Global Talent Scheme

The pilot Global Talent Scheme (GTS) has been up and running for 4 months and has received a lot of interest.

Designed to attract global talent to fill roles that will have a “job multiplier” effect for Australian businesses, we have received the following important clarifications:

The GTS is available to existing 457 and TSS visa holders, subject to their occupations being covered by the employer’s GTS agreement. This would potentially provide a pathway to permanent residence for visa holders whose occupations are on the 2 year Short Term List. However, as part of the request for a GTS agreement, the employer would need to demonstrate that without this pathway, the employer’s ability to retain its foreign workers would be constrained, and this in turn, would have a detrimental impact on the employer’s contribution to economic growth, Australian job creation and skills development of Australian workers.

While meeting the Fair Work High Income Threshold ($145,400) reflects the highly skilled nature of the occupation, this alone is insufficient to meet the requirement that the position is niche and innovative, and will act as a “job multiplier” for an Australian business. This assessment will be made on a case by case basis, taking into account:

• position descriptions provided by the employer;
• statement from the employer as to why the role cannot be filled under the standard program or from within the Australian labour market.

If the Department determines that the role is sufficiently niche and innovative, and meets the intent of the GTS along with all other requirements, the employer will be invited to progress to the agreement stage.

The Department is very clearly welcoming feedback from stakeholders during the pilot phase; please feel free to share any comments or concerns with your advisor.

DISCLAIMER This information is current as of 6 November 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.