The new Skills in Demand (SID) (Subclass 482) visa allows businesses to sponsor certain foreign workers to work in Australia.

The first step is to obtain business sponsorship approval by applying and demonstrating that the business:

1. has a legally established and currently operating business
2. does not have any adverse information recorded against it

The business then assumes a number of sponsorship obligations, including assuming certain costs, ensuring your employee only works in their nominated occupations, and is subjected to equivalent terms and conditions of employment as your Australian workers. You will only need to apply for sponsorship once every 5 years.

The second component is the nomination application, where the business nominates a position within the organisation. Generally, the position must:

1. be a genuine, full-time position;
2. have a salary not less than the Temporary Skilled Migration Income Threshold (TSMIT) and in line with market rates;
3. have completed appropriate Labour Market Testing (see here); and
4. nominate one of three eligible streams.

Specialist Skills Pathway

The “Specialist Skills Pathway” involves a new streamlined route for highly skilled specialists to enable Australian businesses to quickly recruit top talents in areas of need. To qualify for this pathway, the candidate must be:

1. in any occupation (except trades workers, machine operators/drivers, and labourers); and
2. earning at least $135,000 (the Specialist Skills Threshold) and no less than Australian workers in the same occupation.

Core Skills Pathway

The Core Skills pathway is the main route for most temporary skilled migrants. This stream broadly mirrors the prior TSS visa program, in that it requires applicants to:

1. have an occupation on the “Core Skills Occupation List” (CSOL) – namely, occupations identified by Jobs and Skills Australia as being in shortage; and
2. will earn a salary at or above the TSMIT (to be retitled the Core Skills Threshold) and the average market salary.

Unlike the Specialist Skills Pathway, trades workers, machinery operators and drivers, and labourers will be eligible under the Core Skills Pathway subject to being identified on the CSOL, and being paid above the TSMIT (including for roles paid above the Specialist Skills Threshold).

Labour Agreement Pathway

The “Labour Agreement” pathway will be a highly regulated pathway for lower paid workers with essential skills. This will mirror Labour Agreements under the former TSS visa. These arrangements are expected to be industry specific, capped, and with stronger regulations and minimum standards.

The third step is the visa application. At this stage, the main applicant must:

1. have relevant skills and qualifications suitable for the occupation;
2. have at least 1 year of full-time work experience in a related position (in the last 5 years);
3. have a genuine intention to work in the nominated position;
4. meet mandatory licensing, registration, or professional membership requirements;
5. have adequate arrangements for health insurance; and
6. satisfy health, character, and English requirements.

The applicant’s family members can be included in the SID 482 visa as secondary applicants, including their spouse/de facto partners and dependent children. They will be granted the full working rights.

In addition, Labour Market Testing (LMT) must be conducted by the nominator in a specific way to evidence that there was a genuine attempt to hire a local Australian citizen or permanent resident to fulfil the nominated position. 

It is important that the applicant and Standard Business Sponsor follow the statutory obligations and conditions of the Skills in Demand (Subclass 482) (SID) visa if, and when, it is approved.

A breach of the visa conditions may result in visa cancellations for the visa holder and/or prevent the business from sponsoring further workers under the scheme

As a brief summary, a sponsor must:

• advise the DHA about changes to the business, its solvency, and the nature of the visa holder’s work changes from that of the nominated position
• ensure the visa holder works in the occupation which they were nominated for
• ensure the terms and conditions are “fair”, being the same as stated as per the nomination application and not less favourable than that of an equivalent Australian worker
• ensure they do not engage in discriminatory recruitment practices and maintain records to show that discrimination based on visa or citizenship did not occur during the recruitment process for the SID visa holder
• maintain adequate records to evidence compliance with the sponsorship obligations
• provide records and information if requested by a DHA officer and cooperate with DHA inspectors, when required; and
• be responsible for all sponsorship costs, relocation costs, and travel costs of the visa holder

The full sponsorship obligations are here.

The first step is preparing all the documentation required for the application to ensure that the Department of Home Affairs (Department) has all the information available to correctly assess your eligibility for the Skills in Demand (SID) (Subclass 482) visa (see documents tab).

All documents relevant to your SID visa are uploaded online (scanned or photographed). Ensure all non-English documentation are translated into English. 

The Skills in Demand (SID) (Subclass 482) visa application is completed and submitted online via ImmiAccount, a portal managed by the Department. You will need to:

• Log-in or create an ImmiAccount on the Department’s website
• Complete the visa application form
• Attach relevant documents
• Pay the visa application charges and lodge the application.

Ensure that all family members accompanying the main visa applicant are also added to your visa application.

The Department will send an acknowledgement letter (via email and/or the ImmiAccount portal messaging system) once your application has been submitted and received.

The standard processing times for the Skills in Demand (SID) Subclass 482 visa as at December 2024, is as follows:

• 50% of applications: 60 days
• 90% of applications: 4 months

No updates on the application will be provided during the standard processing time. If more information is required, this will be requested via email. You can read more about what to expect after your visa is lodged here.

Do not travel to Australia until the outcome of your visa application is received and you have been granted the visa (or you otherwise obtain another visa).

Be sure to advise the Department if there are any mistakes on your application, or if your personal circumstances change after you have applied.

The Department will advise you of the outcome of your Skills in Demand (SID) (Subclass 482) visa application in writing.

If your visa application is successful, you will be provided a PDF grant letter, which advises of:

• your visa grant number
• the date your visa starts and ends
• applicable visa conditions.

This visa is electronically linked to your passport, so you would not need a visa label or to attend any Embassy/Consulates. Retain an electronic copy of this grant letter for when you arrive, and whilst you live in Australia.

If you are refused a visa, you will be advised in writing:

• the reason(s) for the unsuccessful application and
• whether you have a right to review the decision

It is vital that you read and understand the refusal notification clearly to understand the timeframe and means of appeal. You can read an article about the appeal process here.

How is the SID visa used in the tech sector?

The usual pathway for companies to bring in foreign skilled workers is through the SID visa.  The SID visa is a temporary visa (valid for up to 4 years) for skilled foreign workers in certain occupations. It also has pathways to permanent residence, though this is dependent on a number of factors including age or salary. From a business perspective, it might also be worthwhile considering some alternative visas:

1. The 400 visa is a temporary visa which permits highly skilled individuals to obtain short term visas for up to 3 months (in some cases, 6 months).
2. The National Innovation visa which permits streamlined pathways to permanent residence, and can often side step conventional requirements (e.g. age or occupations).

Can the SID visa be used by start-ups?

One of the key challenges for the SID visa is that a case officer must be satisfied that the position is genuine. In our experience, case officers apply this criterion more onerously to smaller companies (<10 employees). This can make it difficult for early stage / bootstrapped startups who have a brilliant concept but need to secure global talent to scale.

Despite the challenges for start-ups, applications may still be possible with as much supporting evidence as possible including:

1. a breakdown of the organisational structure (organisation chart) to indicate how the position fits into the business activity
2. an outline of the goods or services produced by the business and how the position and its associated duties contributes to maintaining or enhancing the volume and/or quality of these outputs (this may include detailed and quantifiable plans for future expansion)
3. evidence that the position has existed and been previously occupied, but has become vacant through attrition or is currently occupied by a temporary resident
4. increase in business activity over previous months or years (for example, new contracts won, increased revenue, funding/grants received) requiring persons in the nominated occupation
5. hours of operation and/or growth in customer numbers which explain why additional staffing may be required – that is, to meet increased demand and ensure coverage across the working week
6. evidence as to what percentage of the sponsor’s workforce are Australian citizens or permanent residents, and
7. overtime work, or increases in overtime work, for employees currently in the nominated occupation.

Having worked with several start-ups through the challenging initial stages, we’re well placed to provide assistance and guidance.

What occupations are considered relevant in the tech sector?

For most skilled visa applications, the described work and the visa applicant must both align to a specific occupation on Australia’s skilled occupation lists. For SID visas the occupation is listed here.

A few of the relevant occupations include:

How is the SID visa used in the energy / infrastructure sector?

The usual pathway for companies to bring in foreign skilled workers is through the SID visa.  The SID visa is a temporary visa (valid for up to 4 years) for skilled foreign workers in certain occupations. It also has pathways to permanent residence, though this is dependent on a number of factors including age or salary. From a business perspective, it might also be worthwhile considering some alternative visas:

1. The 400 visa is a temporary visa which permits highly skilled individuals to obtain short term visas for up to 3 months (in some cases, 6 months).
2. The National Innovation visa which permits streamlined pathways to permanent residence, and can often side step conventional requirements (e.g. age or occupations).

Do Engineers require licencing and registration?

As part of the ANZSCO description, most Engineering occupations are marked as “Registration or licensing may be required”. Several States have implemented a full registration system, where individuals either need to hold such status, or work under the supervision of a fully registered engineer. Hannan Tew Lawyers have worked with companies bringing in global talent in multiple state jurisdictions so are well placed to provide guidance on these requirements in your unique circumstances.

What occupations are considered relevant in the energy / infrastructure sector?

For most skilled visa applications, the described work and the visa applicant must both align to a specific occupation on Australia’s skilled occupation lists. For SID visas the occupation is listed here.

A few of the relevant occupations include:

The above doesn’t capture all occupations which are in demand in Australia. That’s why the Department has an occupation that is Not Elsewhere Classified (or NEC). The occupation of Engineering Professionals (NEC) can be used (within reason) to capture otherwise not described occupation. As experienced immigration lawyers within the energy / infrastructure sector, we can assist you in finding the appropriate occupation for your needs. 

How is the SID visa used in the healthcare sector?

The main visa used by businesses in the healthcare sector is the SID visa. This allows the business to sponsor an employee for up to 4 years, and has pathways to employer sponsored permanent residency.

Certain “exempt” occupations (typically medical specialists) allow businesses to sponsor SID visa holders and engage them as “contractors” rather than as employees. A list of these occupations can be found here.

Do medical practitioners require licencing and registration?

Healthcare professionals who wish to work in Australia must be registered with the responsible medical board. This includes general medical practitioners, nurses, pharmacists, medical specialists, and other health professionals. You can read more about the registration process and search the national register here.

For some occupations, the registration/licensing component is also equivalent to a “skills assessment” which enables them to apply for one of the many routes to Australian permanent residency. For many other occupations (such as nurses), there is a separate skills assessment process where registration may amount to one component of the assessment.

Other nuances

Medical occupations have several nuances depending on the occupation. For example:

• nurses from overseas may need to undertake a bridging program in Australia (and require specific visas to undertake them), or are subject to enterprise agreements (and need to ensure that their wages are accurately stated to avoid underpayment and breaching sponsorship obligations);
• exempt specialist practitioners may be able to be engaged as contractors (rather than employees under written contracts of employment) but this could affect their eligibility for employer-sponsored permanent residency;
• higher levels of English competency are generally required to obtain registration in Australia (than ordinarily required for a SID visa); and
• There are certain age exemptions applicable to regional medical practitioners for employer sponsored permanent residency.

To ensure that you do not fall foul of these requirements, you may wish to contact an experienced immigration law practitioner. Hannan Tew has significant experience advising across all areas of immigration law, including to both businesses and professionals in the healthcare industry.

What occupations are considered relevant in the healthcare sector?

For most skilled visa applications, the described work and the visa applicant must both align to a specific occupation on Australia’s skilled occupation lists. For SID visas the occupation is listed here.

These occupations generally relate to specialist medical practitioners and nurses. A few of the relevant occupations include: