Easing Australian Immigration With Patents.

Introduction
Australia, like all rational nations, actively seeks out innovation and entrepreneurship. An issued patent can help convince immigration authorities that you are a creative, skilled person ready, willing and able to contribute to Australia’s success. This article discusses how your issued patent can boost your chances of successfully navigating Australian immigration. An issued patent can also be helpful in ~~the United States,~~ Canada, and the UK (among other places) — and even in getting admitted to University.

IMPORTANT CAVEAT: Immigration is a legal process, and while you can do it yourself, you’ll end up relying on articles like this one. Don’t do that. While I believe the information is accurate, I’m not an Australian attorney. You need to hire an attorney specialized in Australian immigration law. I can’t overemphasize the importance of solid legal advice — and this site does not provide legal advice. It’s important enough to say twice: You need to hire an attorney specialized in Australian immigration law.

Australia, Innovation and Creativity Down Under

Most countries need innovation and entrepreneurship to drive their economies (countries with valuable natural resources, like large amounts of oil, may be the exception). Australia is a big country (the only country that is also a continent) with a good economy and a good number of programs supporting innovators. All other things being equal, Australia would prefer immigrants who can supercharge technology, industry, and culture. Your issued patent is a government-issued testament to your creativity, originality, and potential.

How Patents Can Strengthen Australian Immigration Options

If you have a patent, you have a leg up in showing you would be a good addition to any country. No country looks for immigration solely for the sake of immigration. Like other countries, Australia wants immigration to improve life for every Australian. Showing that you have taken an idea from ideation to patent is a strong signal that with you may come more innovation, new businesses, new jobs, and economic growth. A patent doesn’t come close to guaranteeing a visa, but it can be powerful evidence that you will bring something valuable to the country.

There are several Australian visa options that either directly reward innovation or are strengthened by a patent testifying to your creativity and capability. Your patent is like any other official recognition of capability: It tells a story of a person who is accomplished in some way.

Global Talent Visa Program

Australia’s Global Talent Visa targets outstanding individuals in future-facing fields. Whether it is agricultural technology, advanced manufacturing, financial technology, medical technology, or (better yet) technology so new and valuable that it doesn’t fit into a clear preexisting category, it shows that you belong in an advanced economy doing advanced work.

To qualify, you need international recognition, a history of achievement, and continuing leadership or influence in your area of expertise (as well as the ability to earn at or above Australia’s high-income threshold, which is currently around AUD $150,000).

This is where a patent matters. An issued patent is government-issued evidence that your work is novel, useful, and not obvious (in other words, you are creative in ways that matter economically). It shows that you’re not just another applicant. For officials examining your application, a patent helps you stand out while signalling exceptional talent.

Subclass 188 Visa (Business Innovation and Entrepreneur Streams)

I’m pretty sure your eyes glazed over when you saw “Subclass 188”. Mine would have. The Subclass 188 visa is better (and less confusingly) understood as a business and entrepreneurial visa, seeking people who want to run businesses or launch new ventures in Australia. It is well-suited to founders, business owners, and innovators looking to make good things happen in the Australian economy.

A patent shows that you’re capable of innovation, of being a driver of a company’s direction and success. It helps prove that your business idea is unique, and more importantly, that you can generate unique ideas (because not all new businesses succeed, but creative people keep trying until they create a business that does succeed).

When venture capitalists look at a possible investment, a patent can be the difference between an interesting idea and a protected innovation that can support a business. Think of immigration as an investment by Australia in you. They want to invest well, not randomly.

Subclass 189 Visa (Skilled Independent)

The Subclass 189 (omg, again with numbers, we’ll call it the “Skilled Visa”) visa is Australia’s version of a skills-type visa that many countries offer. Australia’s version is a points-based skilled migration visa for people in occupations that Australia needs. Points are awarded for things like education, experience, age, and English language proficiency.

A patent doesn’t automatically give you points, but it can still help. It can strengthen your skills assessment, support claims about your level of expertise, and make your work experience more compelling overall. If Australia is going to fill the occupations that Australia needs filled, what better choice than somebody prepared to do the job better and more creatively than others?

Subclass 186 Visa (Employer Nomination)

If you have an Australian employer willing to sponsor you, the Subclass 186 visa should be an option. This pathway is pretty common within fields like information technology, biotechnology, engineering, and advanced science (in other words, the fields that spawn many patents).

Now imagine you are the hiring partner at an Australian employer. You’ve got five resumes on your desk from all over the world. They are largely equal, good education, a record of achievement, etc. However, one of them lists the applicant as a named inventor on ten patents. I’ve got a pretty good idea of the tie-breaker as between those similarly qualified applicants.

Closing Thoughts

Australia offers strong opportunities for innovators. If you can invent, build, and move the world forward, you’ve got a head start in your visa journey.