The Migration Amendment (2024 Measures No. 1) Regulations 2024, effective from 7 December 2024, introduces transformative changes to Australia’s migration framework. Central to these amendments is the introduction of the Skills in Demand Visa (SID), which replaces the Subclass 482 Temporary Skills Shortage (TSS) visa. This article summarises the key updates, eligibility requirements, and transitional arrangements, providing a detailed guide to the SID visa and related regulatory changes.
Skills in Demand (SID) Visa Overview
The Skills in Demand Visa (SID) has been designed to address Australia’s workforce needs by attracting highly skilled professionals. It introduces three distinct streams, replacing the previous TSS streams:
1. Specialist Skills Stream
For applicants in ANZSCO Major Groups 1, 2, 4, 5, or 6 with an annual salary of $135,000 or more (Specialist Skills Income Threshold). Excludes trade workers, machinery operators, and labourers (ANZSCO Major Groups 3, 7, and 8). Streamlined processing ensures quick access to highly skilled migrants, delivering significant economic benefits to Australia.
2. Core Skills Stream
For applicants earning the Core Skills Income Threshold of $73,150, aligned with the former TSMIT under the TSS visa. Occupations must be listed on the Core Skills Occupation List (CSOL). Some occupations previously available under the TSS are excluded from the CSOL but may still qualify for the Specialist Skills or Labour Agreement streams, or other visa pathways.
3. Labour Agreement Stream
Retains settings from the previous TSS visa while awaiting further development of the Essential Skills Stream. Focuses on addressing industry-specific workforce needs through agreements between employers and the Australian Government.
Key Amendments and Features
Reduced Work Experience Requirements
Work experience requirements for SID visa applicants in all streams have been reduced from two years to one year of full-time employment (or equivalent part-time/casual work) in the last five years before the application date.
Indexation of Income Thresholds
The Specialist Skills Income Threshold ($135,000) and Core Skills Income Threshold ($73,150) will be indexed annually starting 1 July 2025. The Department of Home Affairs will publish updated thresholds yearly.
Visa Application Charges (VAC)
Base application charge: $3,115.
Additional charges:
- Applicants aged 18 and above: $3,115.
- Applicants under 18: $780.
English Language Requirements
The required scores mirror those of the Medium-term stream of the former TSS visa:
- IELTS: Overall score of 5.0, with no band lower than 5.0, or equivalent scores in other approved tests.
Exemptions and testing periods remain consistent with previous requirements.
Core Skills Occupation List (CSOL)
Replaces the previous three occupation lists under the TSS visa with a consolidated CSOL, containing 456 occupations. Caveats have been reduced from 26 to 14, ensuring the list remains focused and efficient. The CSOL increases direct pathways to permanent residency under the Subclass 186 visa for 189 additional occupations.
Employer Nomination Scheme (ENS) Updates
The amendments introduce significant changes to the Subclass 186 Employer Nomination Scheme (ENS) visa to align with the SID visa:
- Pathways to Permanent Residency: All SID visa holders (Specialist, Core Skills, and Labour Agreement streams) have a pathway to permanent residency under the Subclass 186 Temporary Residence Transition (TRT) stream.
- Flexible Work Experience Requirements: Full-time sponsored employment in Australia now counts towards the Subclass 186 TRT stream work experience requirements, even if the nominee changes employers.
- Removal of ANZSCO Code Requirement: The nominated occupation for the Subclass 186 visa no longer requires the same four-digit ANZSCO code as the most recently held visa, allowing flexibility for ANZSCO updates.
Sponsorship Obligations
The amendments align sponsorship obligations with the SID visa framework:
Employers’ obligations cease when the primary sponsored person’s employment ends, rather than when they find a new sponsor. Visa holders who cease employment with their sponsor now have up to 180 days per instance (maximum of 365 days total during their visa grant period) to find a new sponsor, apply for a different visa, or depart Australia.
Commencement and Transitional Arrangements
Commencement Date:
The Migration Amendment (2024 Measures No. 1) Regulations 2024 commence on 7 December 2024.
Transitional Provisions:
- Nominations and applications submitted before 7 December 2024 will be assessed under the former TSS visa requirements.
- Approved TSS nominations can be linked to the SID visa, provided the 12-month nomination validity period is still active.
Skilling Australians Fund (SAF) Charges
The Migration (Skilling Australians Fund) Charges Amendment (Subclass 482 (Skills in Demand) Visa) Regulations 2024 ensures SAF charges apply to the SID visa, consistent with the TSS visa.
Conclusion
The Skills in Demand Visa introduces a modernised approach to addressing Australia’s workforce shortages, offering targeted streams for specialised, core, and industry-specific roles. The streamlined requirements, updated income thresholds, and alignment with permanent residency pathways make the SID visa a compelling option for skilled migrants.
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Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
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