Skills in Demand Visa (SID) – sub class 482 visa – How to win Work Visas
Skills in Demand Visa (SID) – 482 visa – the “most significant reform in a generation”? – deep dive in the new work visa
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Skills in Demand Visa (SID) – 482 visa
The Government holds the implementation of the Skills in Demand visa is to ensure that the program would meet Australia’s skill needs while reducing the risk of visa holder exploitation and improving access to permanent residency. But is it really that big a change?
Subclass 482 SID Visa Changes
Big changes include:
- Removal of the Medium & Long Term, Short Term streams
- Implementation of Specialist Skills and Core Skills streams
- Labour Agreement stream to remain in effect
- Knock on changes to the Sc 186 Employer Nomination Scheme permanent visa (see below)
The New subclass 482 visa – The Australian Skills in Demand (SID) Visa
In this edition of The VISA REPORT we discuss the new Skills in Demand (SID) – subclass 482 Visa.
The SID is a new visa program that aims to attract skilled professionals from overseas to address labour shortages and will replace the existing Temporary Skill Shortage Visa (subclass 482).
Here’s an overview of its key features:
Common criteria for Specialist & Core Skills streams
- Visa granted for up to 4 years, or 5 years for HK Citizens
- Reduction of work experience from 2 years full time to 1 year full time
- Requirement for work experience to have been within the past 5 years
- English language requirement equivalent to IELTS 5.0 (same as the previous Medium & Long Term stream)
- Indexed annual earnings based on Average Weekly Ordinary Time Earnings
- Retain updated employee “flexibility” allowing up to 12 months without a sponsoring employer over life of the visa, in maximum 6 month periods.
Specialist Skills stream
- Market salary and remuneration above $135,000 + superannuation
- Must specify an ANZSCO occupation however all ANZSCO occupations are eligible with the exception of ANZSCO Major Groups 3, 7 and 8
- Employer must demonstrate financial capacity to employer visa holder for 2 years
Core Skills stream
- Market salary and remuneration above $73,150 + superannuation
- Nominated ANZSCO must appear on new Core Skilled Occupation List
Labour Agreement stream
- No information of any substantive changes has been announced
Here’s an overview of its key features:
General Eligibility Requirements There is no specific age limit for the SID visa; however, applicants are required to demonstrate at least 12 months of relevant work experience (to be confirmed).
Applicants are also required to meet English language requirements by either holding a eligible passport, obtaining a score of at least
“Competent” in one of the approved English Language tests or by meeting certain education requirements. A skills assessment may be required to verify that the applicant’s education and experience align with the nominated occupation.
Applicants may also be required to provide police certificates for every country they’ve lived in for a period of 12 months or longer, within the past decade.
Sponsorship Applicants need an employer sponsor who can justify the role’s necessity within their company. Employers must show evidence of challenges in recruiting locally, except where international trade obligations apply.
The introduction of a new public register of approved business sponsors is also intended to help applicants find potential employers willing to sponsor their applications.
Pathways Under the SID Visa There are three pathways under the SID as follows:
Specialist Skills Pathway: Targeted at highly skilled professionals, this pathway offers priority processing with no restrictions on the occupation list. Eligible professionals must earn a salary of AU$135,000 or more.
Core Skills Pathway: Available to occupations listed on the new Core Skills Occupation List (CSOL), this pathway requires a minimum salary of AU$73,150. Designed for occupations with identified skills shortages, such as in hospitality, healthcare, IT, engineering, and more. Essential Skills Pathway: Designed for essential roles earning below AU$73,150.
Further details on this pathway are yet to be released, and we expect additional information on this category to be made available shortly. the new Core Skills Occupations List (CSOL) today, which is intended to apply to the Core Skills stream of the new Skills in Demand (SID) visa. The DHA’s announcement also states that the SID visa will replace the subclass 482 SID visa on 7 December 2024.
The list (below) includes 456 occupations, with some notable changes from earlier lists. The CSOL will also apply to the Direct Entry stream of the permanent subclass 186 Employer Nomination Scheme visa. Given this announcement, it appears that the Migration Regulations 1994 (Cth) will be amended so as to enable the SID visa to be introduced on 7 December 2024.
Any changes that require the involvement of parliament (such as those set out in the Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024) will be left to next year.
Steps to take:
Occupation
The position the employer wants to fill must appear as an occupation on the Combined List of Eligible Skilled Occupations. In determining whether the proposed nominated occupation is an accurate reflection of the duties of the position, the Department of Home Affairs (formerly DIBP) uses the ANZSCO).
Skills
The applicant must have the skills required to fulfil the role. Whilst the skills required vary in accordance with the occupation in question, all SID visa applicants are required to have a minimum of two years’ relevant work experience. When examining a SID visa applicant’s skills and qualifications against the nominated position, Home Affairs case officers cross-reference the position description supplied in the employer’s nomination application with the visa applicant’s qualifications and work references.
If applicants are not from an exempt country (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements at the time of application.
Other Criteria
Health and character criteria will also need to be met. Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.
HOW DO I APPLY FOR A SID VISA?
There are three steps to the application process.
1 – Standard business sponsorship
A business must become approved as a SBS in order to employ a SID visa holder. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes identifying the correct ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
2 – Nomination
Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen. As part of this step, there are various requirements to be met:
Labour Market Testing
To nominate an employee for a SID visa, a business must demonstrate that they have tested the labour market. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, three advertisements placed within the last 4 months for a minimum period of 28 days will be acceptable, however there are instances when this will not be sufficient, and alternative evidence is required. Further, there are exemptions to this requirement in some instances. Employers are encouraged to seek professional advice to ensure that the labour market testing provisions are met.
Salary Level
The salary for the nominated position must meet two requirements. Firstly, the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by DIBP each year plus superannuation. Secondly, the proposed salary must be within the market rate for the role. This ensures that the applicant will be paid in line with Australian employees in comparable roles.
Note: Some occupations will be subject to caveats that set a minimum remuneration level that is above TSMIT.
Training Levy
The introduction of the SID visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The SAF levy will make nominating employees a considerably more expensive undertaking for a business.
The amounts payable per applicant are set out as follows:
- The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full at this time.
- A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a SID visa. A large business will pay $1,800 per nominee per year.
- If the employee is applying for a four year visa, this will require the four annual payments to be made at the time of application. (For example, if a large business nominates an employee for a four year TSS visa, this business is liable to pay $7,200 when the nomination is made.)
3 – Visa application
Step three of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
AND WHAT TO DO IF YOUR 482 Visa is refused or cancelled?
Please watch our short film on appeals from the AAT or IAA to the Federal Circuit Court.
Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm. We are expert in criminal and character s501 appeal cases to the Federal Court.
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page
