Immigration Law

Business and talent visas

Australia's business and talent program has narrowed. The Business Innovation and Investment Program closed to new applicants in 2024, and the talent route is now the invitation-only National Innovation visa. Sun Lawyers acts for people with a record of achievement who want to test their chances under the new visa, and for existing 188 holders who need to convert to permanent residence while the pathway remains open. We work in English and Mandarin.

Talent visa
National Innovation visa 858, by invitation only
Places 2026-27
3,500, down from 5,300
Business program
Closed to new applications since 31 July 2024
Existing 188 holders
Can still apply for the permanent 888 visa

What we do

  1. 01Assess your record against the National Innovation visa criteria and the Department's published priority order, and advise plainly whether an expression of interest is worth lodging.
  2. 02Prepare the expression of interest, the Form 1000 nomination and the achievement evidence, and the visa application after invitation.
  3. 03Prepare 888 applications in the Business Innovation, Investor, Significant Investor and Entrepreneur streams, including the state nomination and the business, asset and residence evidence.
  4. 04Prepare 188 extension stream applications where the time or the business requires it.
  5. 05Respond to Department requests and act in review of refused applications.

When you need this

  • You hold a 188 visa and want to apply for the permanent 888 visa, or need an extension first.
  • You have been told you may qualify for the National Innovation visa and want a frank assessment before lodging an expression of interest.
  • Your field is critical technology, renewables, health, agri-food, defence, education, fintech, infrastructure or resources and you have international recognition in it.
  • A state or territory agency, or a person or organisation with a national reputation in your field, is willing to nominate you.
  • Your 888 application has been refused or the Department has questioned your business figures or investments.

Who you will work with

Jing Sun

Jing Sun

Principal Solicitor · Notary Public

Founder and Principal Solicitor with 16+ years across commercial, corporate, litigation and immigration law. Also a Notary Public.

Profile

Points worth knowing

The National Innovation visa replaced the Global Talent visa

From 7 December 2024 the National Innovation visa (subclass 858) replaced the Global Talent visa, and the Distinguished Talent (124) visa is closed. The Department must invite you before you can apply; an expression of interest stays active for 2 years, invitation rounds are held monthly, and once invited you have 60 days to lodge.

What the visa requires

An internationally recognised record of exceptional and outstanding achievement in a profession, a sport, the arts, or academia and research; continued prominence in the field; and a completed Form 1000 from a nominator with a national reputation in the same area, who may be an Australian citizen, permanent resident, eligible New Zealand citizen or Australian organisation. There is no age limit, but applicants under 18 or aged 55 and over must be of exceptional benefit to the Australian community. Applicants without functional English pay a second instalment of the application charge.

Invitations follow a published priority order

First, recipients of top of field international awards; second, candidates nominated on Form 1000 by an Australian Government agency or a state or territory government agency; third, Tier One sectors (critical technologies, renewables and low emission technologies, health industries); fourth, Tier Two sectors (agri-food and agtech, defence and space, education, financial services and fintech, infrastructure and transport, resources). Investment and entrepreneurial track records are considered as indicators only together with a government agency nomination.

Places are few

The Talent and Innovation category has 3,500 places in 2026-27, down from 5,300, which the Department attributes to a focus on applicants with an internationally recognised record of exceptional achievement. Between April and June 2026, 2,166 expressions of interest were received and 248 invitations issued, 192 of them in Tier One sectors.

The business program is closed, but the 888 pathway continues

The Business Innovation and Investment Program closed permanently to new applications on 31 July 2024, after a review found it was delivering poor economic results. Existing 188 holders who meet the criteria can still apply for the permanent 888 visa, and 188 holders in the Business Innovation and Significant Investor streams can still apply for the extension streams. The applicant must normally hold the relevant 188 visa when the 888 application is made, for at least 3 years if invited on or after 1 July 2021, and must have a current nomination from a state or territory agency, or Austrade for the Significant Investor stream.

888 Business Innovation stream

For the 2 years before applying the applicant must have held an ownership interest in a main business in Australia with a direct and continuous management role, an ABN and lodged activity statements; annual turnover of at least AUD300,000 in the last 12 months; and 2 of the following: net business assets of AUD200,000, net personal and business assets in Australia of AUD600,000, or the equivalent of 2 full time eligible employees. Residence of at least 1 year in the 3 years before applying is required for those invited on or after 1 July 2021.

888 Investor and Significant Investor streams

Investor stream applicants invited on or after 1 July 2021 must have held a complying significant investment of AUD2.5 million for the whole period of the 188 visa and been in Australia for 2 of the last 3 years; earlier applicants held a AUD1.5 million designated investment for 4 years. Significant Investor stream applicants must have held the AUD5 million complying investment throughout, and have been in Australia for a cumulative total of 40 days for each complete year the 188 visa was held (or 180 days a year for the spouse), not necessarily 40 days in every year.

888 Entrepreneur stream

For those invited on or after 1 July 2021, the applicant must have held the 188 Entrepreneur visa continuously for 3 years, lived in Australia for 2 of them, and show 2 key success factors or 1 key and 3 supporting factors, such as employing 2 or more Australians, turnover of AUD300,000, a patent, ongoing funding, a university partnership or the sale of the venture for AUD2 million.

No replacement business visa has been announced

As at October 2026 the Department has published no new business or investor visa; the National Innovation visa lists innovative investors and entrepreneurs among its target groups, but the published priorities treat investment and entrepreneurial activity as indicators only together with a government agency nomination.

How we work

  1. 01A first conversation in English or Mandarin about your field, your achievements or your business, and your visa history.
  2. 02Before any work starts, we confirm the scope of work and our fees in writing, and tell you where your case is weak.
  3. 03We prepare the expression of interest or the 888 application with the evidence organised the way the Department assesses it, and keep you informed until decision.

Common questions

I have a successful business overseas. Can I still get an investor visa?

Not through the business program, which closed to new applications on 31 July 2024. The only current talent route is the National Innovation visa, where a business or investment record is given priority only together with a nomination from a government agency; the visa itself still requires an internationally recognised record of achievement. Employer sponsored and skilled visas may be more realistic; we will say so if they are.

My 188 visa is about to expire and I do not yet meet the 888 requirements. What can I do?

Business Innovation and Significant Investor stream holders can apply for an extension stream of the 188 visa; the Business Innovation extension requires 3 years on the 188 and a fresh state or territory nomination. The 888 application must be made while you hold the 188, so the timing needs to be planned now.

Does the National Innovation visa have an age limit or an English test?

No age limit, but applicants under 18 or 55 and over must show exceptional benefit to the Australian community. Functional English is required for applicants 18 and over, or a second instalment charge is payable instead.

How many invitations are issued?

The Department publishes the figures: between April and June 2026 it received 2,166 expressions of interest and issued 248 invitations, most of them in critical technologies, renewables and health. We assess your record against the priority order before you lodge, and tell you plainly where it sits.

This page is general information about Australian immigration law and is not legal advice. Please contact us about your own situation.

Last updated: October 2026

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