The Skills in Demand (SID) Visa is a new Australian visa program designed to replace the Temporary Skill Shortage (TSS) Subclass 482 visa. It aims to address labor market needs by attracting global talent to fill positions in high-demand occupations within Australia.
The SID visa is an employer-sponsored visa, requiring applicants to be sponsored by an Australian employer. It was implemented on December 7, 2024.
Key Features of the Skills in Demand Visa:
The Skills in Demand (SID) Visa is set to replace the Temporary Skill Shortage (TSS) Subclass 482 visa on December 7, 2024. The SID visa program is designed to attract skilled talent to address labor market needs in Australia. It is an employer-sponsored visa.
Key Features of the Skills in Demand Visa:
- Three-Tiered System The SID Visa consists of three pathways based on annual earnings and occupation.
- Visa Length The SID visa allows holders to stay and work in Australia for up to four years.
- Pathways to Permanent Residency All streams of the SID visa offer a clear pathway to permanent residency in Australia.
- Employer Sponsorship Applicants need an eligible employer to sponsor them.
- Flexibility Visa holders can change sponsors and have 180 days to find a new sponsor. Time spent with any approved employer counts toward permanent residency requirements.
- Reduced Work Experience The required work experience has been reduced to one year.
- No Age Limit There is no age limit to apply for the Skills in Demand Visa.
Three Streams of the Skills in Demand Visa
The Skills in Demand (SID) Visa, set to replace the Temporary Skill Shortage (subclass 482) Visa on December 7, 2024, aims to address labor market needs by attracting skilled migrants to Australia. The SID visa is a 4-year temporary skilled visa that has three streams targeting applicants at different skill levels. The new visa also introduces a wider range of occupations.
The three streams are:
- Specialist Skills Pathway: This pathway is designed for highly skilled migrants who benefit Australia’s national productivity. It is available to applicants in any occupation except trades workers, machinery operators and drivers, and laborers. Applicants must have guaranteed annual earnings of at least AUD 135,000. This stream offers a streamlined pathway with a median visa processing time of 7 days.
- Core Skills Pathway: This pathway is for skilled migrants whose occupations are on the Core Skills Occupation List (CSOL). The applicant’s occupation must be listed on the new Core Skills Occupation List and must be paid at least $73,150 per annum. This stream targets occupations in high demand within Australia.
- Essential Skills Pathway: This pathway targets workers in essential industries. It is designed to address shortages in specific sectors where there is a critical need for skilled workers.
The introduction of the Skills in Demand Visa also involves the Australian government implementing strong measures throughout 2024 to enforce employer compliance and tackle the exploitation of migrant workers.
Eligibility requirements of Skills in Demand (SID) Visa:
The Skills in Demand (SID) Visa, which will replace the Temporary Skill Shortage (subclass 482) Visa starting December 7, 2024, has three streams, each with specific eligibility requirements.
Here’s a breakdown of the requirements for each stream:
- Specialist Skills Pathway:
- Target: Highly skilled professionals crucial to Australia’s economic growth.
- Salary: Guaranteed annual earnings of at least AUD 135,000, which will be indexed annually. This ensures competitiveness with local workers.
- Occupation: Open to all occupations except trades workers, machinery operators/drivers, and laborers.
- Visa Processing: Fast-tracked processing with a median visa processing time of 7 days.
- Core Skills Pathway:
- Target: Skilled workers in occupations facing critical shortages.
- Occupation: Must be an occupation listed on the new Core Skills Occupation List (CSOL), identified by Jobs and Skills Australia. Over 70 new occupations have been added to the list. Some roles, including Café and Restaurant Manager, ICT Support Engineer, and Graphic Designer, have been removed.
- Salary: Guaranteed annual earnings of at least AUD 73,150, which will be indexed annually.
- Labour Market Testing (LMT): Employers must demonstrate genuine efforts to recruit locally before seeking overseas talent. The current LMT validity period is 4 months, with discussions to extend it to 6 months.
- Essential Skills Pathway:
- Target: Workers in essential roles earning under AUD 73,150.
- Occupation: Applicants will likely need to be employed in an occupation that the Australian government identifies as essential. This designated list will prioritize roles critical to the country’s economic and social well-being, particularly in sectors facing significant shortages, such as aged care, disability support, and other essential services.
- Salary Threshold: Features a lower salary threshold compared to the other pathways.
- Skills and Qualifications: Applicants may need to demonstrate that they possess the relevant skills and qualifications required for the nominated occupation. Skill assessments may be required to verify the applicant’s competency and ensure they meet industry standards.
- English Language Proficiency: Proficiency in English is likely to be a requirement for applicants.
- Health and Character Requirements: Applicants must meet standard health and character requirements.
General Requirements:
- The SID visa allows applicants to stay in Australia for up to 4 years, with pathways to permanent residency.
- Sponsors must prove financial viability and their capacity to meet market salary rates for the entire nomination period.
- All temporary sponsored workers have pathways to permanent residence.
- Visa holders have greater mobility to change employers.
- The Australian Market Salary Rate (AMSR) must be met by employers.
Application Process of Skills in Demand (SID) Visa:
The Skills in Demand (SID) Visa is designed to streamline the process for skilled workers seeking to work in Australia, aligning it more closely with the country’s labor market needs. It is expected to replace the current 482 visa.
Here’s an overview of the general application process:
- Choose the Right Pathway: Determine the appropriate stream (Specialist Skills, Core Skills, or Essential Skills) based on your occupation and eligibility.
- Pre-Eligibility Assessment: Assess your eligibility based on occupation, salary, and the specific criteria of the chosen pathway. An employer will need to sponsor and nominate you.
- Document Preparation: Compile all required documents, ensuring the information is accurate. This includes documents from both you and your employer. Documents proving identity, skill assessment results, proof of English language skills, health and character documents, and partner documents may be needed.
- Register and Apply: Register on the official ImmiAccount website and submit your application.
- Pay the Fee: Pay the visa application fee via the designated payment platforms. As of December 2024, the application fee for the primary applicant and dependents aged 18+ is $3,115 each, while it is $780 for dependents under 18.
- Lodge the Application: Submit the complete application to the Australian immigration authorities.
- Ongoing Liaison: Maintain communication with immigration authorities throughout the process to ensure a smooth application. Pathway to Aus can liaise with immigration authorities throughout the process.
It is recommended to consult with a registered migration agent for personalized advice tailored to your specific circumstances.
Can I switch employers while holding the Skills in Demand Visa
Yes, it is possible to change employers while holding a Skills in Demand (SID) Subclass 482 visa. Visa holders have 180 days to find a new sponsor without violating their visa conditions. A new employer must have a new approved nomination before the visa holder can start working for them.
Here’s what you need to know:
- Condition 8607: As a primary holder of a 482 visa, your visa is subject to Condition 8607, which requires you to work only in your nominated occupation for your 482 visa and only for your sponsoring employer (or an associated entity).
- 180-Day Limit: If you resign or your employment is terminated, you have 180 days from your last day with your sponsoring employer to find another approved sponsor, obtain a different visa, or leave Australia.
- Nomination Transfer: A new employer who wishes to take over the sponsorship of a 482 visa must submit a “nomination transfer”.
- Sponsorship Requirements: The business must have a legally established and currently operating business and not have any adverse information against it.
- Nomination Application: The new position must be a genuine, full-time position with a salary no less than the Temporary Skilled Migration Income Threshold (TSMIT) and in line with market rates, be subject to Labour Market Testing, and be on the relevant occupation list.
- Changing Occupations: If a change of occupation is required, a new SID 482 visa will be needed. You cannot start working with your new employer until the visa application has been approved.
- Working for Previous Employer: If a new nomination is approved, a 482 primary visa holder may continue working for their previous sponsor to fulfill any notice periods.
- Exempt Occupations: Certain occupations do not require the visa holder to work for their nominating sponsor.
- Portability: The time you spend working on the 482 Skills in Demand Visa can roll over, meaning you can change employers and still count the time you worked for your previous employer on a 482 Skills in Demand Visa towards your 2 years of experience on a 482 visa that is required for the 186 TRT visa.
Process for progressing to permanent residency from the Skills in Demand Visa
The Skills in Demand (SID) Visa offers a pathway to permanent residency in Australia. It is widely expected that applicants will be able to progress to a Permanent Visa after holding the Skills in Demand Visa for 2 years.
Here’s a breakdown of the process:
- Eligibility for Permanent Residency:
- Subclass 186 Employer Nomination Scheme (ENS): SID visa holders can access the Temporary Residence Transition (TRT) stream of the Subclass 186 visa.
- Qualifying Period: Complete two years of employment in Australia within the three years before applying. This period can include all sponsored employment as a primary TSS or SID visa holder and allows for employment with multiple employers.
- Meeting Requirements:
- Applicants must continue to work in the occupation nominated for their 482 TSS visa(s).
- The employer must be willing to sponsor the candidate for permanent residency under the Temporary Residence Transition stream and must lodge a valid nomination.
- Have worked for the same employer for 3 years on your TSS 482 visa.
- Key factors:
- Time spent with any approved employer will count towards permanent residence requirements.
- Skills in Demand visa holders will have access to self-nominated independent permanent pathways, in addition to employer-sponsored pathways.
- The limit on Short Term stream 482 TSS visa applications that can be made onshore has also been removed in the interim.
- Other pathways
- Direct Entry Stream (186 DE): Limited to occupations on the Core Skills Occupation List (CSOL).
- Applicants must have a positive skills assessment and 3 years of full-time relevant experience.
