Tasmania Opens for the National Innovation Visa (Subclass 858): Criteria & State Comparisons

The Tasmanian Government has officially opened its state nomination program for the highly anticipated National Innovation Visa (NIV) Subclass 858. As the Australian migration landscape continues to shift, Work Visa Lawyers is here to break down what the new Tasmania NIV criteria mean for global talent.

In this update, we explore how Tasmania compares to other open states and help you determine whether this pathway to Australian permanent residence is the right choice for your future.

Key Requirements for Tasmania NIV State Nomination

Tasmania’s newly released criteria place a very strong emphasis on demonstrating a direct, tangible benefit to the state. To be nominated for the National Innovation Visa in Tasmania, candidates are required to have a pre-existing, established relationship with a Tasmanian Government department, authority, or the University of Tasmania.

Furthermore, the nomination process requires the department’s representative to prepare a short business case supporting your application. This means that applicants cannot simply apply based on their global merits alone; they must already be deeply intertwined with Tasmanian institutions and demonstrate how their expertise will transfer to the local economy.

Comparing the NIV: Tasmania vs. Other Australian States

When comparing the subclass 858 criteria across the five currently open states, Tasmania stands out as one of the most difficult jurisdictions for securing a state nomination. Its stringent requirements closely mirror the high barriers recently set by Victoria.

In stark contrast, Queensland remains the most forward-thinking and attractive state for the NIV. Queensland is actively drawing talent from all over the world—especially innovative investors and talent with capital—by identifying priority sectors where people can contribute without requiring pre-existing relationships with local government authorities.

What does this mean for applicants?

For many strong professional candidates, lodging a standard two-state Expression of Interest (EOI) without relying on state nomination may be a much better approach. Pursuing a highly restrictive state nomination and failing can lead to lost momentum, time, and money. Ultimately, state nomination remains best suited for highly established Entrepreneurs and Investors.

Expert Immigration Lawyer Insights: Is the Tasmania NIV Right for You?

Reflecting on Tasmania’s updated criteria, Work Visa Lawyers Principal Lawyer Chris Johnston points out the inherent challenges of the program:

"In terms of requiring a close existing link to a government authority to be part of the nominating process, this approach is very limiting and will shut Tasmania out from some of the best talent around the world," says Johnston. "The assumption that top talent around the world would have an existing link with Tasmania is surprising and unrealistic in most cases. Incredible candidates will not have an existing link with Tasmania but may be able to offer a huge amount of talent going forward."

However, Johnston notes that the Tasmanian pathway shouldn't be entirely ruled out. It presents a strong opportunity for specific profiles:

• Established Investors: Candidates with existing tight ties to Tasmania, especially those with current investments or connections to government agencies.
• Agile Innovators: Candidates who have ties to Tasmania and can develop them quickly to clearly demonstrate local economic and social benefits.

Priority Sectors to Watch in Tasmania

If you are considering this pathway, Johnston highlights two major sectors where Tasmania is primed to benefit from NIV talent:

• Agri-food and AgTech (Tier 2): Tasmania features some of the most productive land in Australia. Benefiting from high rainfall, the state hosts Australia's largest fish farming industry, and sustains strong poppy growing, vegetable, wine, and rock lobster industries. This makes it an excellent location for agricultural product innovation.
• Renewables and Low Emission Technologies (Tier 1): As a major hydro energy producer with established infrastructure, Tasmania is perfectly placed for tier-one renewables. This opens the door for specialisations in clean energy tech, emissions reduction, and circular economy innovations. With its large agricultural base, waste-to-energy technology using agricultural waste is another prime area for innovation.

Navigate the National Innovation Visa with Confidence

The National Innovation Visa offers a fast-track to permanent residency, but choosing the right strategy is critical. If you believe you meet the criteria for the NIV subclass 858, our expert legal team is ready to help you navigate the complexities of state nominations, EOIs, and Form 1000 requirements.

Complete our free NIV assessment today to discover your eligibility.

Complete our free NIV assessment

What Are My Visa Options After My Working Holiday Visa Expires?

If you’re living and working in Australia on a Working Holiday Visa (subclass 417 or 462), you might be thinking…
“What comes next?”

Many people return home when their visa ends. But many others choose to stay longer. Some even aim for permanent residency.

The great news?
There are real options to stay in Australia.

Here’s an easy guide to your options after your Working Holiday Visa expires, so you can make confident decisions.

Working Holiday Visas: A Quick Overview

Australia has two working holiday visas:

• Subclass 417 – Working Holiday Visa
• Subclass 462 – Work and Holiday Visa

They allow you to:
✔ Live in Australia

✔ Work while you stay

✔ Explore and travel

However, Working Holiday Visas are temporary. They do not automatically lead to permanent residency. So if your visa is ending soon, now is the best time to plan your next step.

Visa Options After Your Working Holiday Visa

Below are the most common pathways people take when they want to stay longer in Australia.

1. Stay Longer Through Employer Sponsorship

If an employer wants to keep you, employer sponsorship can help you stay.

Skills in Demand (SID) Visa – Subclass 482

The Skills in Demand (SID) framework is now the main pathway for employer-sponsored skilled workers. This visa allows Australian employers to sponsor skilled workers temporary for up to 4 years for genuine labour needs.

Key points

• You must have a suitable skilled occupation
• You must have the level of skills and experience required for the occupation
• An Australian employer must sponsor you
• You can work in Australia for up to 4 years
• You have a pathway to permanent residency through the Employer Nomination Scheme Subclass 186 visa under the Temporary Residence Transition stream

For many Working Holiday Makers, this is one of the most practical next steps if you have proven your value at work.

Employer Nomination Scheme (Subclass 186)

This is a permanent residency visa.

If an employer wants to nominate you for a long-term role and you meet the criteria, this visa allows you to:

✔ Live in Australia permanently

✔ Work full-time

✔ Access long-term pathways

✔ Eventually apply for citizenship (if eligible)

Many people transition to this visa through the Subclass 186 Temporary Residence Transition stream after working on an employer-sponsored temporary visa i.e. Subclass 482 for 2 years.

There is also a Subclass 186 Direct Entry stream, which doesn’t require you to hold a Subclass 482 visa, but you must meet the requirements and eligibility criteria to apply.

2. Skilled Migration – Based on Your Skills

If your job is in demand and you have good qualifications, you may apply through SkillSelect.

Skilled Independent Visa (Subclass 189)

✔ Permanent residency

✔ No employer sponsorship required

✔ No state nomination needed

✔ Invitation required through SkillSelect

This visa is highly competitive but very powerful.

Skilled Nominated Visa (Subclass 190)

✔ Permanent residency

✔ No employer sponsorship required

✔ Requires state or territory nomination

✔ Invitation based on points and state needs

State nomination can improve your chances of being invited.

Skilled Work Regional Visa (Subclass 491)

✔ Temporary visa (up to 5 years)

✔ Regional location requirement

✔ Requires state/territory or family sponsorship

✔ Can lead to permanent residency via Subclass 191

This pathway is popular with Working Holiday Makers already living or working regionally.

Note: These visas depend on your age, qualifications, skills, work experience, skilled occupation, English level, points among other requirements.

3. Partner Visas – Stay Because of a Relationship

If you are in a genuine relationship with:

• an Australian citizen,
• a permanent resident,
• or an eligible New Zealand citizen

You may apply for a Partner Visa.

Partner visas let you stay in Australia while your application is processed. Most partner visas eventually lead to permanent residency if you can meet the requirements for the second stage partner visa.

This is a strong option if your life and relationship are now here in Australia.

4. Study and Graduate Paths

Some people choose to study in Australia to stay longer and build skills.

Student Visa (Subclass 500)

✔ Study in Australia

✔ Work part-time

✔ Build skills and qualifications

This pathway can help you prepare for:

• skilled visas
• employer sponsorship
• future PR opportunities

Temporary Graduate Visa (Subclass 485)

After completing eligible study, this visa allows you to:

✔ Stay longer in Australia

✔ Work full-time

✔ Gain experience in your field

This visa is often used as a bridge to skilled or employer-sponsored visas.

5. Other Options to Consider

Depending on your situation, there may be additional options including:

• Training Visa (407) – for structured workplace training
• Temporary Activity Visa (408) – in rare circumstances

Your eligibility depends on your personal situation and goals.

Important Tips Before You Apply

✔ Always apply for a valid visa before your current visa ends.

✔ Many visas require skills assessments, English tests and health checks – make sure to have these ready.

✔ Points-based visas depend on age, skills, English and demand.

✔ Immigration rules change regularly — always check official sources.

Final Thoughts

Ending your Working Holiday Visa doesn’t mean the end of your journey in Australia.
You may be able to stay longer, work, study, or even build a life here.

Whether your next goal is:
✨ continuing work with an employer
✨ gaining permanent residency through skills
✨ staying with a partner
✨ expanding your career through study

There are real visa pathways worth exploring.

If you want help figuring out which route is best for you, consulting a migration professional can make the process smoother and more confident. Our team of migration lawyers and registered migration agents are here to help if you need to discuss your visa options.

Official Department of Home Affairs References

Working Holiday Visas
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

Employer-Sponsored & Skills in Demand Framework
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

Employer Nomination Scheme (186)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186

Skilled Migration / SkillSelect
https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect

Student Visa (500)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

Temporary Graduate Visa (485)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

Many people planning their future in Australia are asking the same question:

Will I ever get permanent residency in Australia? 

If you are studying, working, or living in Australia on a temporary visa, you may be wondering whether permanent residency is still realistic in 2026 — or whether the system has moved out of reach.

This article looks at the real migration opportunities for 2026, using current data and practical strategies. We also address difficult but important topics, including:

• The lack of invitations for the 189 visa, 190 visa, and 491 visa

• Visa cancellations and stricter checks

• How major events, such as the Bondi Beach attack, may influence immigration processing

Our goal is to help you make smarter, more realistic decisions about your migration pathway.

How the Recent Bondi Beach Attack Is Affecting Australian Immigration Processing

We would like to begin by expressing our sincere condolences to the victims and families affected by the tragic Bondi Beach attack in December.

For people living in Australia on temporary visas, this event may have broader implications. We expect to see:

• Stricter background and character checks

• Increased visa cancellations

• Greater scrutiny across visa applications

We will address this topic in more detail in a separate article, as it deserves careful and sensitive discussion.

Are 189, 190 and 491 Visas Still Realistic in 2026?

The reduction in places for the 190 and 491 visas has caused many people to ask whether Australia is still achievable.

The answer is yes — for some people. However, the strategy has changed.

For many years, points-tested visas such as the 189 visa, 190 visa, and 491 visa were the primary goal for skilled migrants, with employer sponsorship seen as a second option. That is no longer the case.

Employer-Sponsored Visas: The Strongest Pathway in 2026

If your goal is Australian permanent residency, employer-sponsored visas are now the strongest and most realistic options in 2026.

These include:

• 482 Skills in Demand visa

• 186 Employer Nomination Scheme

• 494 Regional Employer Sponsored visa

• DAMA and Labour Agreements

Australian businesses are facing genuine skills shortages across multiple sectors and are actively seeking reliable workers. As a result, we have seen:

• A significant increase in employer-sponsored visas

• A sharp reduction in state nomination places, including the 190 visa and 491 visa

Visas such as the 482 visa provide a pathway from temporary work to permanent residency through the 186 visa and many migrants are using this pathway as the first option.

Book an Appointment

Why State Nomination Is More Competitive Than Ever

Many people ask whether they should target states like Western Australia or Tasmania, which often appear to have more flexible criteria.

However, the reality is this:

• Tasmania has 1,850 nomination places in 2025-26 financial year

• Western Australia has 3,400 places — with 3,355 already issued 

• Combined, that is only 5,250 nominations

You are not competing against hundreds of applicants — you are competing against hundreds of thousands of skilled migrants who already have:

• Skills assessments

• English test results

• Work experience

• Active EOIs

Most applicants, no matter how qualified, will never receive an invitation.

This does not mean the General Skills Migration (GSM) program is dead — but it is highly competitive. 

Which Occupations Are Still Receiving Invitations?

Looking at invitation results from 2025, one thing is clear: Australia is inviting only where there is genuine demand.

If you are under 45 and your occupation is clearly in shortage, it may still be worth:

• Obtaining a skills assessment

• Improving your English score

• Positioning your EOI strategically

High-Demand Jobs in Australia for Skilled Migration

Occupations currently receiving invitations include:

• Construction trades (bricklayers, carpenters, electricians, plumbers, roofers)

• Construction managers

• Healthcare professionals

• Secondary school teachers

When GSM Is Not the Best Migration Pathway

Some occupations remain on the skilled lists but are not receiving invitations, including:

• Marketing specialists

• Accountants

• Cooks

• Enrolled nurses

• Software engineers

• Contract administrators

• Niche roles such as artistic directors, copywriters, and dog handlers

In these cases, GSM visas may not be your strongest pathway.

Alternative Visa Options to Consider

Instead, you should consider:

• Employer-sponsored visas

• Alternative pathways, such as partner visas if you have an Australian Citizen or Permanent Resident partner

We understand that employer sponsorship is not easy — especially if you are offshore — but thousands of applicants succeed each year, and you may be one of them.

Check our blog, “How to Find a Sponsor,” for helpful tips on how to find an Australian business to sponsor you.

Queensland National Innovation Visa (Subclass 858) – 2026 Update

Queensland has now opened nominations for the National Innovation Visa (Subclass 858).

This visa offers direct permanent residency and targets exceptionally talented individuals, including:

• Entrepreneurs

• Innovative investors

• Researchers

• Athletes

• Creatives

Permanent Residency Pathway for Individuals: 

• Up to the age of 55, or higher in exceptional cases 
• High-value entrepreneurs who commit AUD $1 million to new ventures in Queensland 
• Innovative investors who invest AUD $5 million in Queensland’s innovation ecosystem

This is one of the strongest permanent residency pathways currently available.

 
We have published a detailed guide explaining the Queensland NIV nomination process.

 
We also offer a free NIV assessment, where our team can check your eligibility.

Adelaide University Opens: What This Means for Students

Following the merger of the University of Adelaide and the University of South Australia, Adelaide University has officially opened enrolments, becoming the largest university in Australia.

This will bring:

• More international students

• Increased investment in South Australia

However, students must have a clear migration strategy before enrolling and applying for a student visa, especially if permanent residency is part of the long-term plan.

Check our blog “Best 8 courses to study in Australia to get PR”. 

Student Visa Changes for India, Nepal, Sri Lanka, Bangladesh and Bhutan

Applicants from India, Nepal, Sri Lanka, Bangladesh, and Bhutan may face increased scrutiny, as Australia has updated student visa assessment levels to strengthen integrity measures.

These changes may have been triggered by reports of widespread fraudulent degree practices. As a result, it is more important than ever for students to submit strong, well-documented applications.

Student Visa Expiry Reminder: Avoid Becoming Unlawful

We are seeing a large number of student visas expiring in March, many around the 15th.

Every year, people make the same mistake — waiting too long.

If your visa is expiring soon:

• Do not wait until the last minute

• Understand your next visa options early

• Lodge a valid application before expiry

Options may include course extensions, graduate visas, or transitions to skilled visas — but timing is critical.

How We Can Help You Plan Your Migration Strategy for Australia in 2026 

Migration to Australia in 2026 is still possible — but it requires realistic expectations, the right strategy, and early planning.

At Work Visa Lawyers, we are widely regarded as one of the best migration lawyers and one of the best registered migration agents in Adelaide, with extensive experience across skilled, employer-sponsored, and permanent residency pathways.

If you would like tailored advice based on your individual circumstances, please book an appointment and talk to our team.

Book an Appointment

Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention (MI) is a last‑resort avenue in Australian immigration law where the Minister for Immigration and Citizenship personally considers granting you a visa when all other legal options have been exhausted. It is a discretionary power under the Migration Act 1958 (Cth), specifically sections 351 and 501J, meaning the Minister may grant a visa if it’s deemed in the public interest — but he is under no obligation to do so.

In essence, MI provides a final opportunity for people whose visa applications have been refused by the Administrative Review Tribunal, or after further legal avenues, to ask the Minister to intervene on compassionate or exceptional grounds.

Who Can Lodge a Ministerial Intervention Request?

A Ministerial Intervention request is intended as a last‑resort option. You can only lodge one after:

• Your visa application has been refused; and
• You have exhausted appeals at the Tribunal, and in some cases the courts.

This request asks the Minister to personally consider granting you a visa due to exceptional and compelling circumstances.

Examples of Exceptional and Compelling Circumstances

Ministerial Intervention is usually only considered where there are exceptional and compelling circumstances, such as:

• Serious health issues and being permanently unfit to depart Australia;
• Being the parent of an Australian citizen or permanent resident child;
• Working in a skilled occupation;
• Being the carer of an Australian citizen who needs care and has been issued a Carer Visa Assessment Certificate (CVAC) which has a minimum impairment rating of 30; and
• Other specific circumstances outlined in the Positive Personal Procedural Decision (sections 351 and 501J).

Recent Changes to Ministerial Intervention (2025)

There have been major reforms to the Ministerial Intervention process in 2025.

These changes stem from the High Court’s 2023 decision in Davis v Minister for Immigration, which found that departmental officers did not have the power the make  decisions about MI requests, and only the Minister himself has the power to make such decisions.

Following that ruling, the Minister introduced new Ministerial Instructions on 4 September and 17 September 2025, replacing the previous guidelines from 2016. These new rules:

• Ensure decisions are made only by the Minister, not departmental staff; and
• Set clear criteria for which cases can be referred to the Minister.

Key Effects of the Changes

• Any requests lodged before 12 April 2023 will no longer be considered by the Minister unless it was already being considered — they must be resubmitted under the new criteria.
• Any requests lodged on or after 12 April 2023 but before the new guidelines must meet specific criteria to be eligible for Ministerial consideration.
• This criteria is listed in the Positive Personal Procedural Decision (sections 351 and 501J). It includes but is not limited to circumstances involving serious health issues that cannot be treated overseas, evidence of skills in a skilled occupation, being the parent of a minor Australian child at the time of the request, and other specific circumstances.

In short, the reform introduces a more objective and transparent framework — but also stricter limits on which circumstances the Minister will consider Ministerial Intervention requests.

What If My Ministerial Intervention Request Was Refused?

If your MI request has recently been refused, you may be able to lodge a new request, but only if your case meets at least one of the criteria under Section 13 of the new Ministerial Intervention Guidelines.

If your circumstances satisfies one of these criteria, it can be referred to the Minister, and the Minister may consider it is in the public interest to intervene and grant a visa. The final decision rests with the Minister, including what type of visa may be appropriate if granted.

How Long Does It Take for the Minister to Decide?

There is no set timeframe for how long a Minister will take to make a decision. Because Ministerial Intervention is entirely at the Minister’s discretion, the decision can take weeks, months, or even longer.

Only a small number of requests are ever referred to the Minister, and even fewer result in an intervention. Processing times vary depending on the complexity of the case and the current workload, and the Minister is under no obligation to make a decision within a specific timeframe.

Do You Need a Lawyer for Ministerial Intervention?

While you are not legally required to have legal representation to lodge an MI request, obtaining legal assistance is highly recommended. 

Here’s why:

• Ministerial Intervention cases are complex and highly discretionary
• You must provide detailed evidence of exceptional and compelling circumstances
• A lawyer can help assess whether your situation qualifies under the new criteria and write submissions to address this
• Professional representation can improve the clarity and strength of your submission

Given the technical and legal nature of the process, getting help from a migration lawyer can be invaluable in preparing a strong MI request.

Watch the Full Video:

Ministerial Intervention remains a crucial pathway for those with no other legal avenues left after visa refusals and exhausted appeals. While recent reforms have made the process more structured, they’ve also raised the bar for eligibility.

If you’re considering a Ministerial Intervention request or have been refused, it’s vital to understand the current guidelines and how they apply to your case.

If you found this helpful, make sure to explore more insights on the Work Visa Lawyers blog or contact us if you need assistance lodging a Ministerial Intervention request or managing a pending case.

Talk to an Immigration Lawyer

Author: Shamsiya Mohammadi, Immigration Lawyer

National Innovation Visa Updates

Exceptionally talented individuals such as global researchers, entrepreneurs, innovative investors, athletes, sports professionals and creatives with an internationally recognized record of exceptional achievements in their field may be eligible for the subclass 858 - National Innovation Visa or the NIV.

One of the requirements for the NIV is having a nominator who is an Australian citizen or permanent resident or an Australian organization who has a national reputation in the same field as the applicant.

Expert Australian Commonwealth, State or Territory Government agencies can also nominate for the NIV. 

Currently, only New South Wales, Victoria and South Australia has released the details of their nomination process.

State NIV nomination 

Each state has their different processes and for Victoria, the first step is to engage with  Victorian Government department/agency on your project plan. You can do this by creating a general enquiry on the Live in Melbourne website and submitting your project plan.

If you are competitive and chosen, a Victorian Government department or agency that can support your nomination will identify and refer you. This department or agency will be preparing the nomination documents.

The Victorian NIV nomination program does not require any Registration of Interest (ROI) or application process initiated by the applicant.

New South Wales and South Australia require potential applicants to submit their ROIs and if the applicant is shortlisted, for NSW, they will be invited to submit the full nomination. 

In South Australia, the applicant will be interviewed by an assessment panel of South Australian Government representatives.

If approved for state nomination, the state will then provide the applicant with the competed Form 1000.

Department of Home Affairs – Invitation rounds

The Department of Home Affairs extends invitations monthly according to NIV priority order as listed in Ministerial Directions 112. 

You can read about these priorities here.

According to the information released by the Department, for the period of July – September 2025, they received a total of 1841 EOIs and invited 122 candidates.

From the 122 invitations issued:

• Less than 5 is from Priority 1- Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards.
• 17 are from Priority 2 - Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency
• 84 are from Priority 3 - Candidates with exceptional and outstanding achievements in a Tier One sector (Critical technologies, Renewables and low emission technologies and Health industries)
• 20 are from Priority 4 - Candidates with exceptional and outstanding achievements in a Tier Two sector  (Agri-food and AgTech, Education, Defence Capabilities and Space, Financial Services and FinTech, Infrastructure and Transport and Resources.

By sector:

Tier 1

• 48 invitations were issued for those in Critical Technologies
• 15 from ​Renewables and low emission technologies
• 30 from Health Industries

Tier 2

• Less than 5 from Agri-food and AgTech 
• Less than 5 from Education
• 9 from Defence Capabilities and Space
• Less than 5 from Financial Services and FinTech
• Less than 5 from Infrastructure and Transport
• Less than 5 from Resources

And there were 8 from the Sports and Arts.

If you want to check if you are eligible for the NIV, you can complete our free NIV assessment form here.

You just might be one of the brightest, best and fairest talent Australia is looking for.