Distinguished Talent Visa (Offshore) (subclass 124)

[Philleigh]

Hello All,

 

Has anyone had experience with this type of visa? My partner could qualify for it [sport] and we were wondering if anyone has applied for it and had first hand experience with doing the application themselves or through an agent?

 

Any tips would be appreciated and info on processing times etc...

 

Kind Regards,

Leigh

[Guest AKA63029]

Hello All,

 

Has anyone had experience with this type of visa? My partner could qualify for it [sport] and we were wondering if anyone has applied for it and had first hand experience with doing the application themselves or through an agent?

 

Any tips would be appreciated and info on processing times etc...

 

Kind Regards,

Leigh

 

Blimey Leigh.

 

Though I know of the visa I can't recall it being discussed on here, BUT.

 

I bet somewhere on PIO someone knows the answer, would be great for you and also me to find out what is required.

 

Being a fisherman myself I am very interested, but not sure if 'fishing' in some peeps eyes is strictly a 'sport' :laugh:

 

No seriously Leigh, am looking forward to the replies.

 

Cheers Tony.

[Philleigh]

:laugh:

 

Tony you just cracked me up! Then again nor is darts - and look at how much money international dart's players make, and I think it's an Olympic sport too!?

 

I hope there are some replies too!

 

Leigh

[Skani]

Being a fisherman myself I am very interested, but not sure if 'fishing' in some peeps eyes is strictly a 'sport' :laugh:

Cheers Tony.

 

Crikey, Tony - the Commonwealth Fly Fishing Championships have just started in Tasmania - why aren't you here?:biggrin:

[JoandJon]

Surely you are joking abiut darts??? please tell me its not true - next thing someone will tell me billiards is a sport!

 

And no, sorry not got any experience with that visa but look on with interest!

 

Maybe the AIS or the relevant sporting body might be able to help?

[Guest AKA63029]

Crikey, Tony - the Commonwealth Fly Fishing Championships have just started in Tasmania - why aren't you here?:biggrin:

 

Please Skani, don't make me any more miserable than I already am.:cry: Still got a few months here before the weather gets better so I can wet a line. Well, in between the flotsam and jetsam that passes for a river round my way.

 

Still not the same as Aussie fishing, but there's always You Tube.:laugh:

[Guest Gothic Rose]

My interpretation of this Visa may well be wrong, but I thought it was aimed at persons well known & recognised in their field. Be that Sports, Arts or Entertainment. Otherwise how do they quantify if ones talent is considered distinguished enough ?

[Skani]

Please Skani, don't make me any more miserable than I already am.:cry: Still got a few months here before the weather gets better so I can wet a line. Well, in between the flotsam and jetsam that passes for a river round my way.

 

Still not the same as Aussie fishing, but there's always You Tube.:laugh:

 

You'll just have to get your virtual fix here!

 

http://www.flyfishtasmania.net/commonwealth.htm

[Guest AKA63029]

Sorry Leigh to highjack this thread a bit, but flycasting is an art, well IMO anyway.

 

Whilst the link supplied isn't the 'typical' fly cast it does go to show the skill involved. This fella is good,:notworthy: and if a 'shooting head' used a cast of 150 feet in expert hands is not impossible. Most average Joes can cast 50 feet, if a 'double haul' is used a distance of maybe 100 feet. I'm getting there, but still a way to go before I consistently hit the 100/120 foot mark, still learning.

 

 

 

Right, sorry about that Leigh, back on topic.:wubclub:

[Guest AKA63029]

You'll just have to get your virtual fix here!

 

http://www.flyfishtasmania.net/commonwealth.htm

 

:wink::notworthy:

[dhani24dhani]

Distinguished talent

[h=1]ELIGIBILITY - INTERNATIONALLY RECOGNISED ACHIEVEMENT[/h]This Part comprises:

• section 6 Eligibility - International achievement

• section 7 Must still be prominent

• section 8 Must be an asset to Australia

• section 9 Employability

• section 10 Nomination

• section 11 If under 18 years old or 55 years or older.

 

 

[h=5]6 Eligibility - International achievement[/h]6.1 Requirements

This eligibility stream (858.212(2)), covers persons with an internationally recognised record of exceptional and outstanding achievement in a profession, a sport, the arts or academia and research.

 

6.2 What is exceptional

For 858.212(2)(a), applicants should be very eminent in the top echelons of their field. They should demonstrate extraordinary and remarkable abilities and be superior to others in their field.

‘Internationally recognised’ in this context means that a person’s achievements have or would be acclaimed as exceptional and outstanding in any country where the relevant field is practiced.

‘Exceptional’ and ‘outstanding’ should be accorded ordinary dictionary meaning within context.

 

6.3 Policy requirements

Claims of an “excellent” level of performance in a job, particularly where the benefits of such performance may only be realised locally, would not be regarded as exceptional and outstanding achievement.

A single achievement by the applicant, particularly where it appears to be the only significant achievement, would not be regraded as ‘exceptional and outstanding’ achievement. It is anticipated that an applicant would have a record of sustained achievement that is unlikely to diminish in the future.

An achievement that may attract national acclaim would not be considered as ‘international recognised’ unless that achievement is in a field practised in other countries (including Australia) and has or would attract similar acclaim in those countries.

Given the ordinary dictionary meanings, in order to have a ‘record of exceptional and outstanding achievement’ an applicant would be expected to have achievements remarkable in relation to that field and in relation to other participants in that field. An applicant should be at the very top of their field.

 

6.4 Assessing this criterion

In assessing the applicant’s record of achievement, officers may take into account information such as, but not necessarily limited to:

• information provided by the nominator, who should provide a full account of why they believe the applicant has an exceptional and outstanding record of achievement

• supporting statement and material provided by the applicant detailing relevant aspects of their background including their qualifications, achievements and positions held. This should include information relating to any achievements in Australia

• awards or higher qualifications received from internationally recognised institutions or organisations

• details and supporting material on sporting achievements including national and international rankings, results in competitions or tournaments, statements from international sporting bodies, sporting scholarships received and newspaper and magazine articles attesting to achievements

• details and supporting material on achievements in the arts including books published, national and internationals sales achieved, awards and commissions received, galleries in which works are displayed, scale and audience of displays held, recognition by peers, statements from international artistic bodies and newspaper and magazine articles attesting to achievements

• details and supporting material on academic and research achievements including reports commissioned, books published, articles appearing in professional journals, magazines and newspapers, awards received, recognition by peers and statements of achievement from government, professional, scientific or other relevant bodies.

The internet is an important source of additional material and a method of confirming the accuracy of any claims made. Any adverse or conflicting information obtained from this source should be put to the applicant for comment.

 

6.5 International recognition required

Achievement in a profession, a sport, the arts or academia and research that has not or would not be recognised at an international level would not be regarded as exceptional and outstanding.

It is expected that an applicant’s achievements have or would be acclaimed as exceptional and outstanding in any country where the relevant field is practised. The field would also need to have recognition and acceptance in Australia as well as international standing. In determining the international standing of the applicant, officers should consider the:

• international standing of the country, where the applicant’s achievements were realised, in respect of the particular field

• standing of the achievement in relation to Australian standards and

• standing of the achievement in relation to international standards.

For example, an applicant rated at or near the top of their field in their home country would be expected to have an international record of exceptional and outstanding achievement if the:

• field is undertaken and recognised in a number of countries including Australia and

• achievement would be similarly recognised in relation to international and Australian standards for that field.

 

 

[h=5]7 Must still be prominent[/h]7.1 Definition and policy requirements

For 858.212(2)(b), ‘prominent’ should be accorded ordinary dictionary meaning within context; appropriate synonyms are conspicuous and important.

It is essential for the integrity of the distinguished talent program that successful applicants not be assessed on past performance only but require current prominence in their area.

An applicant claiming distinguished talent in a particular area, but who has not been active in that area for more than 2 years, would not be regarded as retaining prominence in that area.

 

7.2 Assessing prominence

The information listed in section 6 Eligibility - International achievement and section 6.3 Policy requirements is also relevant to the assessment of this criterion. However, it would be expected that the evidence provided is current and demonstrates current eminence.

 

[h=5]8 Must be an asset to Australia[/h]8.1 Policy requirements

Clause 858.212(2)© is intended to reflect policy that the applicant’s settlement in Australia will benefit the Australian community, not just the applicant and/or nominator (or prospective employer). The reference to the Australian community is to be interpreted in terms of Australia as a whole and not just a local community in geographic terms or a particular social, cultural or business community in Australia.

‘Asset’ does not only refer to economic benefit. It could also refer to social and/or cultural benefit to the Australian community.

It is also policy that an applicant should not have a history of achievement in an area that is, of its nature, not generally acceptable to Australia.

 

8.2 Assessing whether asset to Australia

The benefit that the applicant would bring to the community:

• should contribute to the betterment of the Australian community economically, socially or culturally (that is, depending on the applicant’s intended field of activity) or raising Australia sporting, artistic or academic standards internationally

• must be clearly apparent and not simply conjecture on the part of the applicant or decision maker.

The fact that the applicant might introduce and/or transfer skills to Australia would not alone be sufficient to satisfy this criterion.

This criterion would not be considered satisfied if the applicant was involved in an area that is:

• outside the generally accepted social or cultural norms of most people in Australia

• likely to be offensive to large segments of the Australian community or

• otherwise give rise to controversy were the applicant to enter Australia as a distinguished talent.

 

 

[h=5]9 Employability[/h]9.1 Assessing this criterion

To satisfy clause 858.212(2)(d), the applicant must demonstrate why they would have no difficulty in obtaining employment, or how they expect to support themselves, in Australia within their area of achievement. Officers can consider a combination of the following when assessing this criterion:

• employment contracts or offers of employment related to the area of achievement. This may be evidenced by current and future employment opportunities from employers, employment/recruitment agencies, or organisations involved with the area of achievement at the national level.

• evidence of self employment or opportunities to establish a viable business within the area of achievement.

• evidence of sponsorships, scholarships, grants or other payments intended to support the applicant while they are engaged in activities related to the area of achievement.

Income from employment which is not related to the area of achievement cannot satisfy clause 858.212(2)(d), even if this only comprises part of the overall income for the applicant.

 

[h=5]10 Nomination[/h]10.1 Must be nominated

For 858.212(2)(e), see the reg 1.13 definition of nominator.

 

10.2 Nomination form

The approved nomination form for the Distinguished Talent visa is form 1000 Nomination for distinguished talent. For application lodged on or after 1 July 2006, the completed nomination form must accompany the application.

The information provided by the nominator on the form will be taken into account when the visa application is assessed.

Prospective applicants and nominators should be advised that the testimony provided as part of the nomination should be comprehensive and reflect the nominator’s personal knowledge of the applicant’s exceptional and outstanding achievements in the relevant area. Additionally, the nominator should address the standing the applicant has in their field, particularly their standing internationally. The nomination should also include a resume of the nominator’s own standing in that field.

An offer of employment is not, by itself, sufficient to satisfy this criterion. If the intention of the nominator is to employ the applicant in Australia, the other employer sponsored permanent residence programs such as the Employer Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS) may be more appropriate and should be considered as the preferred option.

 

10.3 Status of nominator

To meet the Schedule 2 criteria, the form 1000 must be completed by an Australian citizen, Australian permanent resident, an eligible New Zealand citizen, or an Australian organisation having national reputation relevant to the area of the applicant's achievement an, must testify to the applicant's record of achievement. (For Schedule 1 requirements see section 3.3 Form 1000 to be lodged with application.)

National reputation

Under policy, 'national reputation' means highly regarded throughout Australia. A reputation confined to one state or region would not be considered national. Note: The reputation must be in the same field as the applicant's. It is also expected that the nominator's testimony be representative and recognised as such, of all Australian participants in the relevant field.

In assessing the status or standing of the nominator, consideration should be given to factors similar to those used in determining the standing of the applicant. Regardless of whether the nominator is an individual or an Australian organisation, consultation with the relevant peak body is recommended, particularly if there is any doubt as to the standing of the nominator. Care should be taken in such circumstances to ensure the privacy of the parties involved. In the absence of an Australian peak body, an appropriate international body may be consulted.

 

10.4 Meaning of ‘Australian organisation’

In the absence of policy guidelines, the term ‘Australian organisation’ may be given a broad interpretation.

 

 

[h=5]11 If under 18 years old or 55 years or older[/h]11.1 Eligibility - age

For 858.212(2)(f), applicants, generally, must be at least 18 years old or under 55 at the time the visa application is made. If there would be exceptional benefit to the Australian community, however, an application may be favourably considered from main applicants under 18 or over 55.

 

 

11.2 Exceptional benefit

In such cases, the applicant is required to submit a submission demonstrating that approval of their application would result in exceptional benefit to the Australian community exceeding that normally required of a successful distinguished talent applicant. It is expected that the benefit would elevate the international standing of the particular field in Australia.

 

11.3 If under 18yrs old

It is unlikely that a person under 18 years old would have achieved the required level of achievement in a profession or academia and research to satisfy this criterion. Competence and exceptional and outstanding achievements that are internationally recognised would normally require a history of employment or research following formal training. In order to satisfy this criterion an applicant in the other prescribed areas would be expected to be at the very top of their field in order to advance the international standing of the field in Australia. The field would also need to be one that has national as well as international recognition and acceptance in Australia.

In relation to sports, the applicant should be ranked in the top 5 internationally for their particular age group and the sport be one:

• played in Australia and internationally and

• included in regular international competitions such as the Olympics.

 

11.4 If 55yrs or older

Under the employer sponsored and general skilled migration programs the maximum age limit is 45 years. This was chosen as the upper age limit as research has shown that persons over 45 years old have difficulty securing employment in Australia. Research also shows that even where migrants over 45 years old secure employment, their economic cost to the Australian taxpayer is likely to be greater than the contribution they are able to make during the remainder of their working life.

Distinguished Talent visa applicants are in a position to contribute significantly to Australian society. The flexibility in respect of an upper age limit under this category reflects this factor. Applicants over 55 years old would need to demonstrate there would be exceptional benefit to the Australian community if their application were approved. They would be expected to demonstrate that the benefits would elevate the international standing of the particular field in Australia.

 

11.5 Ongoing benefit

An applicant would need to demonstrate that this benefit would be immediately realised and be ongoing in the future. It would not be expected that an applicant who intended retiring in Australia or pursuing other activities within a few years of arrival in Australia would satisfy this criterion.