Australia’s main employer sponsored work visa, the Skills in Demand (Subclass 482) (SID) visa has replaced the previous Temporary Skills Shortage (Subclass 482) (TSS) from 7 December 2024. In our recent webinar, we explored the key changes, eligibility criteria, business impacts, and compliance obligations.
What’s Changed?
A summary of the new changes are below:
- New Visa Streams – Short-term and Medium-term streams replaced by Specialist Skills (high earners) and Core Skills (Core Skills Occupation List (CSOL) occupation roles)
- Reduced Work Experience Requirements – Now 1 year (previously 2 years) and can include casual paid work
- Updated Occupation List – The CSOL replaces the previous skilled occupation lists, where some occupations have been removed, new ones have been added (e.g., Data Analyst, Cyber Security Engineer)
- Longer Stay & PR Pathway – Up to 4 years for both streams, with access to employer sponsored PR visa the Subclass 186 visa
- Faster Processing – Specialist Skills: 7 days, Core Skills: 21 days (expected)
Nomination and Visa Requirements
A summary of the nomination and visa requirements are:
- Occupations – Occupations must be on CSOL (Core Skills stream) OR earn above AUD135,000 excluding Technicians and Trade Workers, Machinery Operators and Drivers, and Labourers occupations (Specialist Skills stream)
- Qualifications & Experience – Applicants must meet skill level for their role plus 1 year of full-time employment experience
- Labour Market Testing – Two ads posted for at least 28 days on a national platform unless an exemption applies
- Minimum Salary Thresholds – AUD73,150 for Core Skills and AUD135,000 for Specialist Skills (subject to annual indexation)
- English, health and character checks apply
Employer Compliance & Sponsorship
To sponsor workers, businesses must:
- Hold a Standard Business Sponsorship (SBS) (valid for 5 years)
- Comply with sponsorship obligations
- Ensure employment conditions meet the requirements and market rates
- Report key changes (e.g. job role, business structure) within 28 days
Frequently Asked Questions (FAQ)
What If I lodged a SID nomination before 7 December 2024?
If the nomination was lodged without a visa application, it can still be linked to a new SID visa. If both the nomination and visa applications were submitted before 7 December 2024, they will be assessed under the previous TSS requirements.
Can I apply for more than one SID visa?
Yes, there is no limit and as long as you meet the eligibility requirements.
Can I count casual employment toward the skill level requirement?
Yes, casual, part-time, and full-time employment can be counted as long as it is paid and relevant to the nominated occupation within the past 5 years. It does not need to be continuous employment, but you must show at least 1 year of full-time equivalent work experience before applying.
Can I change employers on a SID visa?
Yes, but you must transfer your nomination to the new employer. If it is a different occupation a new visa is required. If you are unemployed, you have up to 180 days to find a new sponsor while working for any employer. You can refer to our related blog for more information.
Can I work for another employer while working on a SID visa?
No, unless:
- It is for your current sponsor in your nominated occupation (e.g. a secondment, or side project).
- It is unpaid voluntary work.
Am I still eligible for permanent residency (PR)?
Yes, you can access employer-sponsored PR through the Employer Nomination Scheme (ENS) (Subclass 186) visa:
- Temporary Residence Transition (TRT) stream: requires at least 2 years of full-time work with an approved sponsor while on a 482 visa
- Direct Entry (DE) stream: requires at least 3 years of full-time relevant experience and a positive skills assessment (unless exempt)
What if my SID visa expires before my ENS eligibility date?
If your SID visa expires a few days before you qualify for a 186 visa, you may still be allowed to apply. To reduce the risk of refusal, consider applying a 1 year SID visa to bridge the gap.
How long is visa processing currently taking?
- TSS visas lodged before December 2024: processing remains delayed (3 – 6 months)
- SID visas lodged after 7 December 2024: generally meeting expected processing times
- ENS visas: experiencing delays
Who pays for the SID visa fees?
- Nomination fees (50% of professional fees, government lodgement fee, SAF Levy) must be paid by the sponsor
- Visa application fees can be paid by the application, unless they fall under “recruitment costs” (e.g. if the employer offers to cover all costs as an incentive)
We have previously published a separate blog on who can pay the associated costs for visa applications.
Who pays for the ENS visa fees?
The sponsor must cover at least the SAF Levy but other costs are more flexible compared to the SID visa.
We have previously published a separate blog on who can pay the associated costs for visa applications.
How We Can Help
Navigating Australia’s immigration system can be complex, but our firm is here to simplify the process for you. We provide tailored immigration solutions, ensuring businesses and individuals make informed decisions amidst evolving policies. From strategic visa advice to end-to-end visa application management, we guide you every step of the way, addressing challenges, and ensuring a smooth process.
For businesses, we offer compliance support, workforce monitoring, and training to help HR teams to stay ahead. Whether you are seeking sponsorship guidance or visa solutions, we’re committed to making the process seamless and stress-free.
If you need legal assistance or have an immigration related query, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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