LIVE WEBINAR: Introducing the new Skills in Demand Subclass 482 visa

The Department of Home Affairs released the legislative requirements for the new Skills in Demand (“SID”) visa today. The SID is essentially a rebranding of the Temporary Skills Shortage visa, with some key updates and legislative amendments.

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The SID will come into effect tomorrow, 7 December 2024.?

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Summary of the Subclass 482 Skills in Demand Stream

There are 3 streams available under the SID visa:

1. Specialist Skills Stream:

• for occupations in the ANZSCO major groups 1, 2, 4, 5 or 6
• minimum salary threshold of $135,000.

2. Core Skills Stream:

• for occupations on the new?Core Skills Occupation List (CSOL)
• minimum salary threshold of $73,150 (indexed annually in line with Average Weekly Ordinary Time Earnings (“AWOTE”)).

3. Labour Agreement Stream:remains the same.?

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Summary of the eligibility requirements for SID visas

• A SID visa can be granted for up to 4 years, regardless of stream, with a pathway to permanent residence.??
• Core Skills Occupation List (CSOL): ?Addition of 70+ new occupations. However, Cafe and Restaurant Manager, ICT Support Engineer, Graphic Designer are some of the occupations removed.?
• Labour Marketing Testing: The requirement for labour market testing remains in place, meaning employers must still demonstrate that they have made genuine efforts to hire locally before hiring from overseas.? There has been discussion of the LMT validity to be 6 months however, for now it remains as 4 months validity.?

Australian Market Salary Rate (AMSR):

• The AMSR requirement ensures that the salary paid to the visa holder meets the minimum income threshold for the stream under which they are applying.
• Specialist Skills stream: $135,000
• Core Skills stream: $73,150 (indexed yearly in line with AWOTE)?

Employers must ensure they are paying the correct salary for the occupation and the applicable stream.?

• Employer Obligations: Sponsors are required to demonstrate that they are financially viable and capable of paying at least the market salary rate to the employee for the entire duration of the nomination. This also means sponsors must have the financial capacity to continue employing the worker for the nominated period.?

Visa Application Fees:

• The base application fee for the primary applicant is $3,115.
• Additional applicants aged 18 and over incur the same fee of $3,115.
• For applicants under 18, the fee is $780.??

These fees are applicable for both the Specialist and Core Skills streams.?

• Skilling Australians Fund (SAF) levy requirements remain the same at this stage. We are waiting to see if there will be any further updates.?

Work Experience Requirements:

• Applicants must provide at least 12 months of full-time equivalent work experience in the past 5 years before submitting their application.
• This work experience can include part-time or casual roles, as long as they are equivalent to full-time hours.
• Applicants must meet the specific skills requirements of the ANZSCO (Australian and New Zealand Standard Classification of Occupations). This means that applicants must have the necessary qualifications, skills, and employment background to fulfill the tasks of the nominated occupation.?
• English Language Requirements: Both the Specialist Skills stream and Core Skills stream have the same English requirement, which is identical to the previous MLTSSL stream. This is an IELTS score, or equivalent, of at least 5 in each component.

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Summary of transitional arrangements

• For Subclass 482 nomination and visa applications lodged before 7 December 2024, the application will be processed as per the previous 482 (TSS) requirements.??
• For Subclass 482 nominations lodged before 7 December 2024 without as associated Subclass 482 visa application, the visa application can still be lodged under the SID and linked to the previously approved nomination.??
• For applications lodged after 7 December 2024, it will be processed under the new SID requirements.??

Summary of Employer Nomination Scheme (Subclass 186) permanent residence visa

1.Eligibility for ENS (186 TRTS):

• Visa applicants must have completed 2 years of full-time employment in the same occupation, in Australia within the last 3 years, as a?Subclass 457, 482 (TSS) and/or 482 (SID) visa holder.
• Employment doesn't need to be with the same sponsor throughout the 2 years, as long as the applicant has worked continuously for the required period (excluding unpaid leave).

2.Eligibility for ENS (186 DES):

• Limited to occupations on the CSOL.
• No changes to requirements. Applicants still require a positive skills assessment and 3 years of relevant full-time equivalent experience.

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This summary highlights the key points of the updated visa system, and we will continue to monitor any further changes.

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Webinar

Gilton Valeo Lawyers will be hosting a live webinar in next Friday, 13 December 2024. If you are interested in attending, please register your interest here.?

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