NIV Updates by NSW Government

The NSW Government has released new details on its approach to nominating candidates under the National Innovation Visa (NIV) program, ahead of the nomination process opening in early July 2025. The announcement was made during the MIA NSW/ACT Branch member event held on 5 June 2025, where representatives outlined how NSW will participate in this highly competitive national program.

What is National Innovatiom Visa?

The National Innovation Visa (NIV) offers a unique pathway for global talent to gain permanent residence in Australia. By emphasising extraordinary achievement, this visa allows Australia to attract exceptional individuals who can contribute to its cultural, economic and social landscape.

Five Pathways for NSW Nomination

Nominations will be accepted through an Expression of Interest (EOI)-led process and aligned with the following five talent domains outlined in Ministerial Direction No. 112:

  1. Academic and Researcher
  2. Entrepreneur
  3. Innovative Investor
  4. Sports Professional
  5. Creative Professional

These categories are designed to attract individuals with a demonstrated record of exceptional talent, innovation and global impact in their respective fields.

Key Program Insights

While NSW will play a key role in identifying and nominating high-calibre individuals, it is important to note that:

NSW’s nomination supports an applicant’s visibility within the national selection process but does not guarantee a visa outcome. The final decision remains with the Department of Home Affairs, subject to national criteria and program limits.

Unlike traditional state-nominated programs, there is no dedicated allocation for NIV nominations at the state level. This underscores the selective and merit-based nature of the scheme.

The program is not suitable for early-career professionals or recent graduates. Candidates must show tangible achievements, such as internationally recognised research, commercially successful innovations or high-impact contributions in their domain.

NSW will use third-party experts to verify applicant claims, reinforcing the program’s focus on credibility and excellence.

Unlike the now-discontinued Global Talent Visa, applicants do not need to secure an external nominator. However, NSW may still seek input from relevant sector experts during the assessment process.

Although the five published pathways provide structure, NSW has signalled a facilitative approach for truly outstanding candidates whose achievements may not fit neatly within existing categories but nonetheless exceed expectations under Direction 112.

Important Considerations for Potential Applicants

Applicants should approach this program with a clear understanding of its strategic focus on innovation, merit and leadership. Passive investors or those seeking to repurpose business proposals from the former Business Innovation and Investment Program (BIIP) will not meet the standard expected under the NIV.

Given the level of scrutiny and competition, it is strongly recommended that interested candidates seek tailored legal advice to assess their eligibility, prepare a competitive EOI and ensure supporting evidence meets NSW and federal expectations.

Need Expert Guidance?

Given the complexity and competitiveness of the National Innovation Visa program, having the right legal support can make a critical difference. Brightstone Migration, as part of Brightstone Legal’s multi-disciplinary practice, offers tailored legal advice backed by deep expertise in both immigration and intersecting areas of law such as commercial, research and investment matters. Our team can help assess your eligibility, prepare a compelling Expression of Interest and guide you through every step of the nomination and visa process.

If you’re an exceptional talent ready to take the next step, contact Brightstone Migration today to explore your options under the new NIV program.

FAQ

No, you do not need to wait for NSW nomination to submit your Expression of Interest (EOI). The process is EOI-led — you first submit your EOI directly to the Department of Home Affairs. NSW will then identify suitable candidates from this national EOI pool and invite them to proceed with the state nomination stage. However, having a competitive and well-prepared EOI is crucial to attracting NSW’s attention for nomination.

No. A nomination from NSW enhances your visibility in the national selection process but does not guarantee a visa grant. The final decision rests with the Department of Home Affairs, based on national selection criteria and program limits. This is highly competitive and we recommend that all applications are well prepared addressing all relevant requirements.

There is no fixed quota for state nominations under the NIV. Nominations are merit-based and highly selective. Only candidates with exceptional and verifiable achievements in their domain are likely to succeed.

The NIV program targets elite, globally recognised talent. It is not designed for early-career professionals or recent graduates. Candidates should present strong, tangible achievements such as internationally recognised research, commercially viable innovations, or industry-leading contributions.

No formal third-party endorsement is required under the new NIV framework. However, NSW may seek input from sector experts during assessment, and all applicant claims will be independently validated to ensure credibility.

The NIV program is not designed for passive investors or recycled BIIP business proposals. It focuses on genuine innovation, leadership, and tangible achievements. We strongly recommend obtaining professional legal advice to assess whether your profile aligns with the program’s objectives.

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