What are the 858 visa requirements?
The 858 visa requirements fall into nine groups in Part 858 of Schedule 2 to the Migration Regulations 1994, with a separate security-assistance limb in reg 858.212(4). These are the criteria for the National Innovation visa (subclass 858) through the ordinary achievement pathway in reg 858.212(2) and (3).
Invited in writing by the Minister
Regulation 858.211 requires a written invitation from the Minister. Home Affairs’ invitation guidance applies the Direction 120 priority order and allows 60 days from the invitation date, without extension.
An internationally recognised record of exceptional and outstanding achievement
Regulation 858.212(2)(a) requires that record in one of four areas: a profession, a sport, the arts, or academia and research. Home Affairs adds policy wording that the area must be recognised and accepted in Australia with international standing; this is not wording in the regulation. The limb-by-limb explanation separates law from policy.
Still prominent in the area
Regulation 858.212(2)(b) requires you to be still prominent. Home Affairs describes recent exceptional achievements; neither source fixes a two-year period or another number of years.
An asset to the Australian community
Regulation 858.212(2)(c) requires you to be an asset to the Australian community. Home Affairs describes economic, social or cultural contributions, or raising Australia’s academic, artistic or sports standing, with contribution to the nation as a whole.
Able to obtain employment or become established in Australia
Regulation 858.212(2)(d) tests whether you would have “no difficulty in obtaining employment, or in becoming established independently, in Australia” in your area. Home Affairs does not count income from work outside that field.
A completed Form 1000 from a nominator with a national reputation
Regulation 858.212(2)(e) and its note require Form 1000 from an Australian citizen, Australian permanent resident, eligible New Zealand citizen or Australian organisation, each with a national reputation in the area; the guide to who can be an 858 nominator explains each status. Schedule 1 item 1113 requires the form with the application; Home Affairs also requires government-agency nominees to supply Part A at the Expression of Interest stage. Form 1000 warns that incorrect nominator status could lead to refusal.
Achievements that match the invitation
Regulation 858.212(3) limits assessment to the invitation’s area and achievements. Home Affairs’ invitation guidance requires application evidence of the achievements that formed its basis.
Exceptional benefit if you are under 18 or 55 and over
Regulation 858.212(2)(f) requires exceptional benefit to the Australian community if you are under 18 or at least 55 at application; the age conditions explain the additional test.
Health, character, values and integrity criteria at decision
Regulations 858.221, 858.227 and 858.228 apply public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021, plus 4019 from age 18, integrity criterion 4020 subject to the security-pathway exception, and special return criteria 5001, 5002 and 5010.
The exceptional and outstanding achievement criterion, limb by limb
The exceptional and outstanding achievement criterion has four legal limbs in reg 858.212(2)(a)–(d) of the Migration Regulations 1994; Home Affairs explains each, while Direction 120 adds achievement-assessment guidance.
| Limb | The Regulation’s words | Home Affairs’ wording | Direction 120 | Common gap |
|---|---|---|---|---|
| Internationally recognised achievement | Internationally recognised record of exceptional and outstanding achievement — 858.212(2)(a). | Superior abilities; exceptional acclaim where practised; sustained record unlikely to diminish; area recognised in Australia with international standing. | Section 5(5): “significantly high-calibre”, capable of “outsized contributions”. | Evidence of international recognition and sustained achievement, rather than national-only or isolated claims. |
| Still prominent | Still prominent in the area — 858.212(2)(b). | Recent exceptional achievements. | — | Recent evidence, rather than only older achievements. |
| Community asset | An asset to the Australian community — 858.212(2)(c). | Contribution to the nation as a whole. | — | Explanation of wider contribution, not only benefit to one employer. |
| Employment or establishment | No difficulty obtaining employment or becoming established in the area — 858.212(2)(d). | Outside-field income does not count. | — | Plans tied to the area of achievement. |
These are distinct legal limbs: evidence of achievement does not replace evidence addressing prominence, community contribution and establishment under reg 858.212(2).
Direction 120 lists indicators including top-of-field awards, national research grants, influential doctoral research, recent keynotes, recognised intellectual property and high earnings. They are not a checklist: decision makers weigh all factors, including unfavourable information, and Administrative Review Tribunal members apply the same section 9 assessment guidance on review.
Which 858 visa requirements are tested at the EOI, the application and the decision?
The 858 visa requirements are tested at two legal points under Part 858: application and decision; the Expression of Interest is a ranking step, not a legal eligibility assessment, and Home Affairs says an invitation is not a pre-assessment.
| Expression of Interest | Application | Decision |
|---|---|---|
| Home Affairs uses an online departmental form, not an ImmiAccount application or SkillSelect; every field of the 858 EOI form is explained separately. It asks about area, sector, earnings, awards, grants, research influence and intellectual property. Invitations follow Direction 120 priorities. Government-agency nominees attach Form 1000 Part A and a statement. Nothing can be added after submission. | Part 858 and Schedule 1 item 1113 require the invitation, timely application, Form 1000, permitted location and onshore status. Achievement, prominence, asset, establishment, age and the subclass 491/494 rule must be met as at the application day, although assessed later. | Regulations 858.221–858.228 test health, character, values from age 18, debts, permanent-residence intention, likely establishment, passport, integrity and special return criteria. Family applicants also meet health and character requirements. |
Is there an age limit for the 858 visa?
There is no upper age limit for the 858 visa, but reg 858.212(2)(f) requires exceptional benefit to the Australian community if you are under 18 or at least 55 when applying. Home Affairs describes ongoing, sustained benefit realised shortly after migration; evidence is explained in the guide to the 858 visa age limit.
Does the 858 visa have an income requirement?
No, the 858 visa has no income requirement in Part 858: Direction 120 treats current earnings or an Australian employment offer at or above the Fair Work high income threshold as one indicator, not a checklist requirement. The Fair Work Commission’s threshold is $190,100 from 1 July 2026; the guide to the 858 visa salary requirement explains the distinction.
Do you need English for the 858 visa?
No, you do not need English to meet the 858 visa criteria: Part 858 contains no English criterion. Schedule 1 item 1113 instead sets a $4,890 second instalment, as at 1 July 2026, for each applicant aged 18 or over at application without functional English, except specified family-violence applicants.
Home Affairs lists functional English among eligibility items but allows payment instead of evidence. Each person without functional English needs a statement of intention to pay; the Department requests payment only if it is going to grant the visa.
858 visa health, character and values requirements
The 858 visa health, character and values requirements include four public interest tests at decision under reg 858.221: health, character, the values statement and Commonwealth debts.
Firstly, health: PIC 4007 covers you, applying family and some non-migrating family unless unreasonable. Home Affairs arranges examinations through a HAP ID; wait for a request if not examined before applying. Since 14 November 2020, the cost-and-access limb is waivable—not tuberculosis or public-health threats.
Secondly, character: Home Affairs requires character checks from age 16, including non-migrating family, and police certificates for countries where a person spent at least 12 months in the last 10 years since turning 16. Forms 80 or 1221 might be requested. Under the Migration Act 1958, delegate refusals under section 501 are reviewed under section 500, not section 338.
Thirdly, values: PIC 4019 requires applicants aged 18 or over to read, or have explained, Life in Australia and sign the values statement; compelling circumstances can excuse this.
Fourthly, debts: Home Affairs requires applicants and family, including non-applying family, to repay or arrange repayment of Commonwealth debts under PIC 4004.
Home Affairs also considers immigration history; an earlier refusal or cancellation might make an applicant ineligible.
If you are in Australia: which visa must you hold to apply for the 858?
If you are in Australia, Schedule 1 item 1113 requires a substantive visa or a Bridging A, B or C visa to apply for the 858—not a substantive visa alone—and excludes applications in immigration clearance.
Firstly, subclass 491/494: reg 858.213 requires a current or last-held visa of either subclass to have been held for three years, unless an instrument specifies an exception. Whether such an exception instrument exists is not established by the published sources used here.
Secondly, section 48: if this Migration Act bar applies after refusal or specified cancellation while you lack a substantive visa, Class BX is not exempt under reg 2.12; an onshore 858 application is blocked.
Thirdly, no further stay: section 46(1A) and Home Affairs Form 1447 cover conditions 8503, 8534, 8535 and 8540; an onshore application is invalid unless the relevant condition is waived.
Fourthly, bridging visas: Home Affairs says an Expression of Interest gives none; an onshore visa application might result in one.
Check these restrictions before following the steps for applying for the 858 in or outside Australia.
What is not an 858 visa requirement?
Eight things are not 858 visa requirements under Part 858 of the Migration Regulations 1994: an occupation list, points test, employer sponsorship or job offer, income threshold, investment, English criterion, upper age cap or separate “genuine” test.
Occupation list: Part 858 names four areas of achievement, not listed occupations.
Points test: Part 858 assesses criteria without allocating points.
Employer sponsor or job offer: reg 858.212 permits establishment in the area; a nominator is not an employer sponsor, and Form 1000 prohibits paying the nominator.
Income threshold: Direction 120 makes earnings an indicator only.
Investment or turnover: Part 858 lists neither, nor business ownership.
English criterion: Part 858 contains none; the second-instalment rules remain.
Upper age cap: reg 858.212 imposes exceptional benefit from age 55 instead.
Separate “genuine” test: the nearest tests are PIC 4009, intention to live permanently, and PIC 4010, likely establishment.
The law behind the 858 visa requirements
The law behind the 858 visa requirements is Part 858 of Schedule 2 to the Migration Regulations 1994 for eligibility, Schedule 1 item 1113 for application validity, and Direction 120 under section 499 of the Migration Act for consideration order and achievement guidance.
The Migration Amendment (National Innovation Visa) Regulations 2024 commenced on 6 December 2024, retaining the achievement criteria while making invitations mandatory. The current Regulations compilation is dated 1 July 2026; Direction 120 commenced on 25 July 2026, revoking Direction 112. Earlier applications use the law in force when made.
Frequently asked questions
Is the 858 visa permanent residency?
Yes. Home Affairs says it is permanent, with permanent residency from the grant day.
Does the 858 visa require sponsorship?
No employer sponsorship is required. Regulation 858.212 requires nomination on Form 1000 by a qualifying nominator with a national reputation; Form 1000 prohibits payment.
Who can apply for the Global Talent visa now?
No new applicants: the 2024 amendments closed Global Talent applications on 6 December 2024. Subclass 858 is now the National Innovation visa, requiring a written invitation.
Do I need to invest money to get the 858?
No. Part 858 has no investment, turnover or business-ownership criterion; founders still need the achievement record.
Is there a “genuine” requirement for the 858?
Not separately in Part 858; PIC 4009 and PIC 4010 test permanent-residence intention and likely establishment.
Are the requirements different if I applied for Global Talent before 6 December 2024?
Yes. Schedule 13 clause 14201 preserves the law when the application was made; a written invitation was not then a legal requirement.
Proving the 858 visa requirements: documents, health checks and certificates
Proving the 858 visa requirements takes three kinds of evidence under Part 858 and Home Affairs guidance: achievement documents, health examinations, and certificates and statements for character, values and English.
For achievement evidence by stage and field, use the 858 visa document checklist.
For research indicators in Direction 120, see the 858 for researchers and academics.
For Home Affairs’ HAP ID process, read about health examinations for an 858 applicant.
If a health result raises cost or access concerns, check the scope of a health waiver under PIC 4007.
For Home Affairs’ country and residence rules, see police certificates for an 858.
For the PIC 4019 declaration, read the Australian Values Statement guide.
For evidence or the payment alternative in item 1113, see functional English on an 858.
Before lodging, ask an Australian migration lawyer to check eligibility, evidence consistency, missing documents and the invitation deadline criterion by criterion. The review can distinguish application-day requirements from decision-stage checks: reg 858.212(3) fixes the achievements assessed, while reg 858.221 applies health, character and values criteria at decision.