NEW Skills in Demand Visa Subclass 482 Regulations

7th December 2024 saw amendments made to the Migration Regulations 1994 introducing the Skills in Demand Visa and amending certain requirements under the Employer Nomination Scheme Subclass 186 nomination and visa.

Below we have summarised what we know so far in relation to the Skills in Demand Visa 482 regulations – we will send a separate newsletter out in relation to the subclass 186 amendments:

Skills in Demand (SID visa)

A new temporary Skills in Demand (subclass 482) visa (SID visa) has been introduced that replaces the existing Temporary Skill Shortage (subclass 482) visa (TSS visa).

The SID visa has three streams:

• Specialist Skills stream, for applicants in any ANZSCO occupation with the specialist skills income threshold of $135,000 or more (excluding occupations in ANZSCO Major Groups 3, 7 and 8 which encompasses trade workers, machinery operators and drivers, and labourers). This introduces a new stream not available under the TSS that recognises highly skilled migrants bring significant economic benefits to Australia and enables employers to access these skills quickly through streamlined processing arrangements.

• Core Skills stream, for applicants with the core skills income threshold of $73,150 (in line with the current Temporary Skilled Migration Income Threshold (TSMIT) for the TSS visa) in a Core Skills Occupation List (CSOL). You can find a link to the CSOL here

WARNING: Existing TSS visa holders will have the ability to change to a new employer, if their current occupation is on the CSOL or the nomination meets the income qualification for a Specialist Skills stream visa. If the relevant occupation is not on the CSOL or does not qualify for the Specialist Skills stream, the applicant will not have a pathway to change employer. These individuals will be able to utilise the strengthened mobility provisions to find work in a new occupation, apply for another visa or depart Australia.’

• Labour Agreement stream, which carries over existing settings from the TSS visa while further development of the proposed Essential Skills stream takes place.

The minimum relevant work experience requirement for applicants under the SID visa in all streams has been reduced from 24 months to 12 months of full time employment experience or equivalent part time experience. Casual work can be included and the experience should be within the five years immediately preceding the date of the visa application. The skill  level for the occupation still needs to be met, for example skill level 1 requires an equivalent of a bachelor degree or higher or five years of experience.

The visa application charge has increased to a base application fee of $3115.00

English language requirements for the SID Visa – The required test scores for an applicant to the Specialist Skills stream and Core Skills stream of the Subclass 482 (Skills in Demand) visa are identical to the requirements that previously applied to an applicant to the Medium-term stream of the Temporary Skill Shortage (TSS) visa. Which is an IELTS score (or equivalent) of level 5 overall, with a minimum of 5 in each component score. The instrument commences on 7 December 2024.The instrument applies in relation to a visa application made on or after 7 December.

The CSOL comprises 456 occupations open to applicants under the Core Skills stream. This is a reduction of 125 occupations that were previously included on the TSS occupation lists however, it is still an increase of 189 occupations which now provide a direct pathway to permanent residence under the Sc 186 TRT stream. The CSOL has an increase of 16 occupations for new or changed ANZSCO occupations.

Caveats

The CSOL has 14 caveats.

A new caveat has been introduced (caveat 14) which applies to occupations that are provided for only under an International Trade Obligation. This caveat is being applied to many occupations on the CSOL and as we understand it, this means only applicants who have passports from an ITO country, are able to apply for this occupation.

• Sales and Marketing Manager
• Chef
• Managing Director
• Corp General Manager
• Corp Services Manager
• Supply and Distribution Manager
• Chief Information Officer
• Other Sports Coach or Instructor (Wushu Martial Arts Coachor Yoga Instructor Only)

The caveats continue to apply to all streams under the SID visa as they applied to all streams of the TSS visa, and are not just limited to the Core Skills stream where they are specified.

The instrument commences on 7 December 2024. The instrument applies in relation to a nomination of a proposed occupation where the nomination is made on or after 7 December 2024.

The Amendment Regulations do not operate retrospectively.

The Amendment Regulations provide for all nominations and visa applications for a Temporary Skill Shortage visa made before 7 December to be processed using the requirements that were in force at the time that the application was made.

If an employer has lodged a nomination for a Temporary Skill Shortage visa that was not accompanied by a corresponding application for the visa before 7 December 2024, the applicant would be able to “link” this nomination to the new Skills in Demand visa until the original nomination period of 12 months ceases. If the applicant chooses not to “link” their approved nomination for the Temporary Skill Shortage visa to the Skills in Demand visa, then their nomination ceases 12 months after the day the nomination was approved.

How We Can Help

At First Class Migration Australia, we understand that navigating these changes can be overwhelming. Our team of highly experienced migration agents are here to guide you through the evolving migration policies, offering personalised advice to maximize your chances of successful migration. We stay up to date with the latest developments and provide timely advice to ensure you make informed decisions.

Contact Us

If you have any questions on the above article please do not hesitate to contact us.

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Phone: +61 02 9999 6668