Overview
The Australian Government has registered the amending regulations to implement the new Skills in Demand (subclass 482) visa program which will commence on 7 December 2024. Key features of the Skills in Demand (subclass 482) visa in comparison to the Temporary Skill Shortage (subclass 482) visa program include a single occupation list for the 'Core Skills' stream of the Skills in Demand visa and 'Direct Entry' stream of the permanent Employer Nomination Scheme Subclass 186 visa, reduction of qualifying work experience to one-year for all visa applicants and the ability to count time spent working with any sponsoring employer towards the permanent residence requirement for the 'Temporary Residence Transition' stream of the Subclass 186 visa.
The National Innovation visa will also be introduced as a highly selective, invitation-only program for exceptional talent in priority sectors, aimed at boosting Australia's productivity growth.
Details
In December 2023, the Minister for Home Affairs unveiled the final Migration Strategy report which included announcements that a new Skills in Demand visa will replace the current Temporary Skills Shortage (TSS) Visa, as well as a new National Innovation Visa to replace the Global Talent and Business Innovation and Investment visa programs.
The new regulations for the SID and National Innovation visas have been finalised and will take effect on 7 December 2024.
The Skills in Demand (SID) visa has three streams:
1. Specialist Skills stream - for applicants in any Australian and New Zealand Standard Classification of Occupations (ANZSCO) occupation earning $135,000 or more. This excludes ANZSCO Major Groups 3, 7, and 8 (trades workers, machinery operators, drivers, and labourers). This stream focuses on efficiently accessing high-skilled migrants to support Australia's economic growth.
2. Core Skills stream - for applicants earning over $73,150 (in line with the current Temporary Skilled Migration Income Threshold for the TSS visa) in a Core Skills Occupation List (CSOL) occupation; and
3. Labour Agreement stream - this continues existing settings from the TSS visa while further development of the proposed Essential Skills stream takes place.
Key Changes to the SID Visa Program,
· English language requirement Applicants must achieve an International English Language Testing System score (or equivalent) of at least 5 overall, with a minimum of 5 in each component, consistent with the TSS visa's medium-term stream.
· Reduced work experience requirement The required work experience is now one year of full-time (or equivalent part-time or casual) work in the five years prior to applying.
· Sponsor financial capacity requirements w Employers must demonstrate financial capacity to employ nominees for at least two years at the Annual Market Salary rate.
· Annual indexation of income thresholds will be implemented.
Changes to the 'Temporary Residence Transition' stream of the Subclass 186 visa program
Changes have also been made to the 'Temporary Residence Transition' (TRT) stream of the permanent Subclass 186 visa to improve access to permanent residency for all temporary skilled workers (Subclass 457, TSS and SID visa holders). These include:
· expanding access to the TRT stream of the Subclass 186 visa for SID visa holders
· allowing all sponsored employment to count towards the Subclass 186 visa TRT stream work experience requirements. This includes giving greater flexibility for occupation changes, promotions, working in a related field, or where changes to the classification of the occupation are made through updates to the ANZSCO.
National Innovation Visa (NIV)
The new National Innovation (subclass 858) Visa (NIV) targets highly skilled individuals with internationally recognized and exceptional accomplishments in certain priority sectors. The NIV has the same eligibility criteria as the existing Global Talent (subclass 858) visa, with the key difference that NIV applicants must be invited, in writing, by the Minister to apply for the visa. This aligns the NIV application process with that used in other Skilled Migration visas to facilitate a smaller, more exclusive NIV program than that of the Global Talent visa program.
Transitional arrangements
Applications for TSS visas lodged prior to 7 December 2024 will be processed under the existing rules. Approved TSS nominations can be transitioned to SID visa applications within 12 months of nomination approval. Existing Global Talent visa applications will also remain unaffected and follow the current criteria.
EWR is closely monitoring the release of further details of the Skills in Demand visa and will provide further updates as they become available.
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