National Innovation Visa (Subclass 858) for Entrepreneurs

Business & Entrepreneur Visas, Migration Law Updates, National Innovation Visa (Subclass 858), Permanent Residency Pathways, Queensland State Nomination, W & G Lawyers

National Innovation Visa (Subclass 858) for Entrepreneurs

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This article was written by Jialin Liu Solicitor at W & G Lawyers. For further information about Jialin Liu‘s professional background, legal experience, and areas of practice, please click on her name to view her full profile.

The Business Innovation and Investment visas (Subclass 188 and 888) closed to new applications in July 2024. For many entrepreneurs who had planned their pathway to Australian permanent residency through these programs, that option is no longer available.

This article sets out what has replaced that pathway, how the National Innovation Visa (Subclass 858) operates, and whether it is a realistic option for entrepreneurs.

Do You Qualify?

What the Department looks for in entrepreneurs

The NIV is a permanent visa with no points test, no minimum asset threshold, and no defined age limit. The Department of Home Affairs describes it as a program for established and emerging leaders with high-calibre talent and skills who can make significant contributions to Australia’s future prosperity. Entrepreneurs are explicitly recognised as a target group within the NIV Subclass 858 framework.

The Department’s published indicators for entrepreneurs include:

  • Evidence of entrepreneurial activities leading to the commercialisation of a product or service, particularly where linked to Commonwealth, State or Territory innovation hubs
  • Ownership of internationally recognised intellectual property, such as patents
  • Genuine commercial traction, including revenue, external investment, and market presence across borders
  • Credible international acknowledgment, such as media coverage, industry awards, overseas investor funding, or government recognition

The NIV entrepreneur pathway is not designed for early-stage founders or those whose ventures are well regarded domestically but have not yet attracted international attention. That is not a criticism. It is an honest assessment of where the eligibility bar sits, and it is the first question worth answering before investing time in this pathway.

How the Process Works

The NIV is invitation-only. You first submit an Expression of Interest (EOI) to the Department, setting out your achievements. The Department then decides whether to invite you to apply for the Subclass 858 visa. Only after receiving an invitation can you lodge a visa application.

The EOI is not a visa application. Receiving an invitation is not a pre-assessment of eligibility, and neither guarantees a visa grant.

The NIV is highly selective by design. In the October to December 2025 invitation round, the Department received 2,368 EOIs and issued 226 invitations, an invitation rate of under 10 per cent. Understanding where you sit within the priority system, and what you can do to improve your position, is the practical question that follows.

The Priority System: Where Do You Stand?

The Department will consider your EOI based on the indicators of exceptional and outstanding achievements claimed and the NIV program priorities. Invitations are extended in the following order, with Priority 1 being the highest:

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

Invitation round: October – December 2025

  • EOIs received: 2,368
  • Invitations issued: 226
  • Priority 1: <5
  • Priority 2: <10
  • Priority 3: 166
  • Priority 4: 52

Source: Department of Home Affairs, Current invitation round (Oct–Dec 2025)

In the most recent round, 2,368 EOIs produced only 226 invitations. For most entrepreneurs, the realistic starting position is Priority 3 (Tier One sector) or Priority 4 (Tier Two sector). If your field sits outside both categories, such as consumer goods, media, retail, hospitality and similar industries, your position is less advantaged. One mechanism may change this: Queensland state nomination.

Queensland Nomination: Moving to Priority 2

Trade and Investment Queensland (TIQ) nominates eligible candidates for the NIV on behalf of the Queensland Government. Candidates who receive a TIQ nomination are classified by the Department as Priority 2, the same level as federal government nominees and the highest level most entrepreneurs can realistically reach without a top-field international award. The processing difference compared to Priority 3 and Priority 4 is meaningful.

TIQ’s published guidelines for the NIV Queensland nomination require entrepreneurs to demonstrate:

  • A commitment to Queensland and operational readiness for entrepreneurial activities
  • A track record of entrepreneurial success in commercialising or expanding an innovative product or service
  • Secured funding of at least $1 million, whether self-funded, venture capital, institutional investor, or grant funding
  • A concrete Queensland connection, such as a signed MoU or JV with a Queensland partner, engagement with an accelerator such as aQtivate, agreements with Queensland clients or suppliers, or a registered office in Queensland

The TIQ nomination process and the federal EOI are separate. You first submit a Registration of Interest to TIQ. A limited number of high-calibre candidates will be contacted to provide supporting evidence. If nominated, you receive TIQ’s Form 1000, which is then included with your EOI to the Department.

Each stage is independently assessed: registration does not guarantee nomination, nomination does not guarantee an invitation, and an invitation does not guarantee a visa grant.

EOI Risks: One Submission, No Feedback, 60 Days

The Department’s own guidance is unambiguous on the procedural constraints of the NIV EOI process:

  • You cannot add information to your EOI after submission
  • You should not submit a second EOI unless there has been a significant change to your circumstances
  • If invited, you have 60 days to lodge your visa application, and this period cannot be extended under any circumstances
  • An EOI that does not result in an invitation within two years will expire

There is no feedback loop. An EOI that does not result in an invitation will not receive any reasons.

For entrepreneurs accustomed to iterating on strategy, this is a materially different environment: each submission is effectively a single-attempt argument, and there is no ordinary opportunity to revise and resubmit.

A compelling NIV EOI is not a business biography or a list of credentials. It is a structured case that demonstrates that this founder, on the basis of specific and verifiable outcomes, meets the internationally recognised achievement standard required by the program.

The Department looks for commercial outcomes, patents, investment rounds, market recognition, and government acknowledgment. The framing, sequencing, and selection of evidence, and the way that evidence is mapped against the Department’s criteria, is what separates an EOI that receives an invitation from one that does not.

In our experience, a significant number of entrepreneurs may have the underlying profile to qualify for the Subclass 858 visa, but the EOI does not do justice to that profile.

How W & G Lawyers Can Help

We work with entrepreneurs and founders across Queensland who are assessing the NIV pathway. Before submitting an EOI, a consultation with our migration lawyers will help address three questions that matter:

  1. Does your background meet the NIV eligibility threshold for entrepreneurs?
  2. Which priority level is your profile likely to sit within?
  3. Is Queensland NIV nomination worth pursuing alongside your federal EOI?

If you previously explored the 188 or 888 pathway, or if you are considering the National Innovation Visa but are uncertain whether your profile is strong enough to justify a submission, contact our office to arrange a confidential consultation.

We will tell you whether your background meets the NIV entrepreneur threshold, which priority level you are likely to fall within, and whether Queensland NIV nomination is worth pursuing.

References

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Disclaimer

The article published by W & G Lawyers is intended to provide general information only and does not constitute legal advice on any subject matter. By accessing or reading this article, the reader acknowledges that no solicitor–client relationship is created between the reader and W & G Lawyers.

The content should not be relied upon as a substitute for obtaining legal advice from a qualified legal practitioner. Readers are encouraged to engage a lawyer to obtain advice tailored to their specific circumstances. You may contact our office or locate a solicitor through the Queensland Law Society online directory at https://www.youandthelaw.com.au/directory 

This article does not take into account all potential future legislative amendments, regulatory changes, or developments in case law. Accordingly, the content may not reflect subsequent changes in the law and should not be relied upon as legal advice for any particular situation. This article will not be updated after publication. Any subsequent developments in the law or legislative changes may be addressed in separate future publications.

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