Distinguished Talent - subclass 124 and 858
1 November 2003 - Legislation change
Client summary
From 1 November 2003, immigration law has been amended to require applicants seeking to satisfy the primary criteria for the grant of a Distinguished Talent visa to:
- have an internationally-recognised record of exceptional and outstanding achievement in one of the following areas - a profession, the arts, a sport or academia and research; and
- be prominent in their chosen area; and
- demonstrate that they would be an asset to the Australian community; and
- demonstrate that they would have no difficulty in obtaining employment or in becoming established independently in their chosen area; and
- provide a nomination testifying to their achievement and standing.
If the applicant seeking to satisfy primary criteria has not turned 18, or is at least 55 years at the time of application, they must also demonstrate they would be of exceptional benefit to Australia.
Applicants who have not turned 18 at the time of application will also be able to include a parent and the family unit of that parent (which may include the other parent) in their application.
Technical details
Additional information: the definition of 'member of family unit' in regulation 1.12 of the Migration Regulations has been amended to enable an applicant who has not turned 18 years and who has applied for a Distinguished Talent visa to include family members in their application for a Distinguished Talent visa.
Transitional arrangements: not applicable.
Forms: forms 47SV and 1000 and Booklet 8 have been amended to reflect the changes.
Instructions: PAM3 has been updated and will be released on LEGEND from 1 November 2003.
Effect on delegations: not applicable.
Effect on systems: ICSE and IRIS have been amended to reflect the legislative amendments with effect from 1 November 2003.