Global Talent Scheme (GTS) becomes permanent and known as the Global Talent Employer Sponsored (GTES)

What is the Global Talent Scheme (now known as the Global Talent – Employer Sponsored Scheme) (GTES)?

The Global Talent – Employer Sponsored (formerly the Global Talent Scheme) (GTES) is a niche scheme under the Temporary Skill Shortage (TSS) visa program launched as a 12 month pilot on 1 July 2018. The pilot will continue to be open to applications  after 1 July 2019 until further notified.

The Australian Government has introduced the GTES as a pilot scheme so it can be refined in consultation with industry to ensure it achieves its purpose.

The GTES allows employers to sponsor overseas workers for highly-skilled positions that cannot be filled:

• by Australian workers
• through other standard visa programs – in particular, the Short-term stream and Medium-term stream of the Temporary Skill Shortage (TSS) visa

The GTES is only for highly-skilled niche occupations that cannot be accessed through existing skilled programs. Before the Department enters into an agreement, businesses must be able to demonstrate that they can’t fill the position through existing skilled visa programs.

Businesses then be able to sponsor workers for a TSS visa under the GTES.

The GTES is designed to bring globally mobile, highly-skilled and specialised individuals to Australia who can stimulate our economy. The idea is to fill positions through a GTES agreement in order to provide opportunities for Australians by creating new jobs and transferring skills and knowledge to the Australian workforce.

The two streams available under the GTES

Established Business stream

The Established Business stream lets employers who are accredited sponsors employ workers with cutting-edge skills to help innovate in an established business and make Australian businesses and their Australian employees the best at what they do.

Startup stream

The Startup stream lets employers sponsor workers with cutting-edge skills to contribute to Australia’s developing startup ecosystem and bring new ideas, new jobs, new skills and new technology into Australia. This stream is for startups operating in a tech-based or STEM (science, technology, engineering and mathematics) field. Startups must be endorsed by the independent GTES startup advisory panel.

You must first determine that the positions cant be filled by an Australian worker before seeking access to the GTES

Businesses must adequately demonstrate that they cannot fill the position through the existing skilled visa programs and that the required position cannot be filled by an Australian worker.

Eligibility Criteria for established businesses

Employer criteria

• Demonstrate that access to the GTES will support job opportunities and skills transfer for Australians
• Labour market testing evidence for the specific positions as part of requesting a GTES agreement
• The employer must be in good standing with relevant regulatory agencies, including compliance with immigration and workplace laws
• Must be publicly listed or have an annual turnover of at least AUD4 million for each of the past 2 years
• Be endorsed as a TSS accredited sponsor

Applicant and position criteria

• Must meet health, character and security requirements
• No familial relationship with directors/shareholders
• Qualifications must be commensurate with the highly skilled role
• At least 3 years work experience directly relevant to position
• Capacity to pass on skills/develop Australians
• Position must have minimum annual earnings equivalent to the Fair Work High Income Threshold (AUD148,700 as at 1 July 2019)

For further information regarding High Income Employees see the Fairwork Ombudsman website.

Features

• Access up to 20 positions per year (applicant and position criteria must be satisfied on each occasion).
• Flexibility in certain visa criteria, including access to 4 year TSS visas.
• Transitional pathway to permanent residence after 3 years, including age cap concessions.
• Simpler agreement applications and faster processing of agreements.
• If the position ceases the visa holder will have 60 days to find a new sponsor and a new visa or depart Australia.

Eligibility Criteria for Startup’s

Employer criteria

• Demonstrate that access to the GTES will support job opportunities and skills transfer for Australians.
• Labour market testing evidence for the specific positions as part of requesting a GTES agreement.
• The employer must be in good standing with relevant regulatory agencies, including compliance with immigration and workplace laws.
• Operates in a technology based or STEM-related field (eg digital, biomedical, agtech).
• Independent startup advisory panel will assess and endorse the business as a viable and genuine startup.

Applicant and position criteria

• Must meet health, character and security requirements.
• No familial relationship with directors/shareholders.
• Qualifications must be commensurate with the highly skilled role.
• At least 3 years work experience directly relevant to position.
• Capacity to pass on skills/develop Australians.
• Minimum annual earnings at the market salary rate, but not less than AUD80,000. This can include equity, but must have a cash component that is no less than the Temporary Skilled Migration Income Threshold (currently AUD53,900).

Features

• Access up to 5 positions per year (applicant and position criteria must be satisfied on each occasion).
• Flexibility in certain visa criteria, including access to 4 year TSS visas.
• Transitional pathway to permanent residence after 3 years, including age cap concessions.
• Simpler agreement applications and faster processing of agreements.
• If the position ceases the visa holder will have 60 days to find a new sponsor and a new visa or depart Australia.

Startups seeking to access the GTES must meet at least one of the following requirements:

• you have received an investment of at least AUD50,000 from an investment fund registered as an Early Stage Venture Capital Limited Partnership
• you have received an Accelerating Commercialisation Grant at any time

Further Information

Ethos Migration Lawyers will continue to provide updates and information on the GTES programme as they become available.

For further information on the GTES programme or any other immigration requirement please contact our firm.