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4 FAQs about the Australian Startup Visa

The Global Talent Employer Sponsored Program (GTES) program is a unique visa option for businesses to employ highly qualified global talent in emerging industries. One category is for established businesses, and the other is for startups and scaleups. Both categories fall under the Temporary Skills Shortage (TSS) visa subclass 482 (labour agreement stream). The initiative aims to attract high-tech skills and global talent to assist Australian businesses to grow. This article will primarily explore the GTES startup category of the 482 visa and the eligibility requirements for businesses and individuals.

A new Migration Strategy was announced on 11 December 2023, in which the Government revealed that reviews of the Global Talent and the Business Innovation and Investment Program (BIIP) indicated that these programs may not be delivering the desired impact. The Government is considering a new, single Talent and Innovation visa (likely to begin in mid-2025). It is not known how these changes may impact the GTES Program. For more information about these changes, visit our web article ‘The New Migration Strategy’. 

1. What is the GTES Startup Category?

The GTES program, under the startup category, is designed to attract top-quality global talent in science, technology, engineering and maths (STEM) industries. The GTES startup program allows Australian startups to sponsor global talent via the Temporary Skills Shortage (TSS) visa-subclass 482 (labour agreement stream).

This enables Australian startups to compete more effectively globally. In particular, the GTES startup 482 visa aims to attract senior software engineers, digital growth specialists, data scientists and those with experience in blockchain and telematics.

2. What are the Eligibility Requirements for Startups?

For a Startup to be eligible to sponsor overseas talent via the GTES startup 482 visa, your business must:

  • operate in a STEM-related field and prioritise Australian workers;
  • show that it cannot fill the position through existing skilled visa programs;
  • pay the overseas talent the Annual Market Salary Rate (AMSR) but no less than $80,000;
  • pay current employees either through an enterprise agreement or an internal salary table, reflecting current AMSR;
  • receive an investment of at least $50,000 from an investment fund registered as an Early Stage Venture Capital Limited Partnership;
  • have received an Accelerating Commercialisation Grant at any time; and
  • be vetted and endorsed by an expert group, the Startup Advisory Panel.

It is important to note that accessing the GTES program requires your business to enter into a Labour Agreement with the Department of Home Affairs (DOHA).

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3. What are the Eligibility Requirements for Overseas Talent?

The individual from overseas must meet health, character and security requirements prescribed by DOHA. Additionally, the applicant must have:

  • no familial relationship with the directors or shareholders;
  • qualifications that reflect the highly-skilled role;
  • at least three years of work experience directly relevant to the position; and
  • the capacity to pass on skills and develop Australian workers and businesses. 

If the individual does not meet the above requirements, they may not be eligible for the GTES startup 482 visa.

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4. What are the Key Features of the Visa?

The GTES startup program falls under the Temporary Skills Shortage (TSS) visa, subclass 482. Therefore, if a global talent individual is eligible under the GTES startup program, they will receive a TSS visa under a Labour Agreement Stream.

The main features of the GTES startup 482 visa are:

  • your business can sponsor five positions per year;
  • access to a four-year sponsorship duration under the 482 visa;
  • global talent can access permanent residency after three years, including age cap concessions; and
  • more straightforward agreement applications and faster processing of agreements.

However, if the individual’s position with the TSS visa no longer exists or the startup ceases trading, the visa holder has 180 days to find a new startup as a sponsor and a new visa. If the visa holder fails to find a new sponsor and visa within 180 days, they will need to depart Australia or apply for a different visa.

Key Takeaways

The GTES aims to promote the immigration of highly qualified individuals with STEM backgrounds to assist the talent shortfall in Australia’s startup sphere. Further, it allows Australian startups to compete on a global level. However, it is important to keep in mind that there are requirements that both overseas individuals and businesses looking to hire from overseas must meet.

If you have any questions about eligibility under this new visa, our experienced immigration lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1800 532 904 or visit our membership page.

Frequently Asked Questions

What is the GTES startup category under the 482 visa?

The GTES startup category under the 482 visa allows Australian startups in STEM industries to sponsor highly skilled global talent, such as software engineers and data scientists, to help grow their businesses.

What are the eligibility requirements for a startup to participate in the GTES program?

To be eligible, a startup must operate in a STEM-related field, pay at least $80,000 annually, show the position can’t be filled through existing visa programs, and have received an investment or grant. Additionally, the startup must be vetted and endorsed by the Startup Advisory Panel.

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Kaku Caro

Kaku Caro

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