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SKILLS IN DEMAND (SID) SUBCLASS 482

On 7th December 2024, The Department of Home Affairs restructured 482 visas. This is the biggest restructuring since April 2017. The changes have streamlined the employer sponsorship program as it introduces more flexibility into the program.

The new program is now called Skills in Demand (SID) and no longer Temporary Skills Shortage (TSS). The new ‘Skills in Demand visa’ aims to address labour market needs and introduces several significant changes, such as one year of relevant experience from 2 years and more time to find another sponsor if their employment ceases with their sponsoring employer. It also offers a more flexible pathway to applying for permanent residence under the Subclass 186 Employer Nominated Sponsorship, where previous employment on a 482 visa can be credited towards the two-year requirement for the Subclass 186 Visa application. In addition, employers will have more incentive to attract and retain skilled workers.

The Skills in Demand (SID) program is a 3-tiered structure as follows:

Specialist Skills Pathway
Core Skills Pathway
Labour Agreement – Essential Skills Pathway

The Core Skills stream includes the following criteria:

The Core Skills stream caters to a broader range of skilled professionals and includes the following criteria:

To qualify for this stream, the applicant’s nominated occupation must be listed on the Consolidated Sponsored Occupations List (CSOL). This ensures that the stream supports industries experiencing skill shortages.
The sponsoring employer must offer a salary that complies with AMSR (Australian Market Salary Rate) requirements with a minimum of $73,150 annually for the applicant’s role to be eligible under this stream.
Key Features:
- There is no age limit for applicants in this stream, providing opportunities for skilled workers across all age groups.
- Visa applicants can select the duration of the visa for up to four years for any occupation on the list, offering stability and a substantial period for employment and settlement in Australia.
- Like the Specialist Skills stream, this stream also provides a pathway to permanent residence through the Subclass 186 visa, allowing applicants to pursue long-term residency.

The Specialist Skills stream includes the following criteria:

The Specialist Skills stream is designed for highly skilled professionals and includes the following criteria:

This stream is available for most ANZSCO occupations, except for trade workers, machinery operators, and laborers. Applicants must meet the eligibility requirements specific to their nominated role.
Applicants must be offered a minimum salary of $135,000 per year by the sponsoring employer, ensuring that only highly remunerated roles qualify.
Key Features:
- There is no age limit for applicants in this stream, making it accessible to experienced professionals of any age.
- This stream provides a pathway to permanent residence through the Subclass 186 visa, enabling applicants to transition to long-term residency in Australia.
- Visa applications under this stream benefit from fast-tracked processing, allowing quicker outcomes for eligible applicants.

How This Visa Works:

There are 3 steps which are as follows:

Step 1: The employer has to apply to become an approved business sponsor;

Step 2: The employer must nominate an occupation in their business to be approved from the CSOL unless it is for a specialist skills stream.

Step 3: The visa applicant must meet certain requirements for the approval of the visa, such as English fluency, work experience, skills, health and character to meet the requirements of the nominated occupation;
Step 1: Sponsorship

The employer needs to apply for approval as a Standard Business Sponsor. This involves presenting documents to demonstrate that they are an operating business, such as financial statements, marketing material, company registration, organizational chart and other identifying details about the company.

A business sponsorship is valid for five years and the business can nominate as many people as it wants to sponsor during this period. A business that is operating for less than 12 months or an overseas business can also be approved for five years.

Companies have certain obligations when sponsoring overseas employees and they can be monitored by the Department of Home Affairs at any time to ensure that they are meeting their sponsorship obligations.
Step 2: Nomination

The position for which the company requires the overseas applicant must meet the eligibility criteria of the designated stream. For applicants not applying under the Specialist Skills stream, the nominated occupation must be listed on the Consolidated Sponsored Occupations List (CSOL). Additionally, certain occupations may be subject to caveats, which can include requirements related to work experience, salary thresholds, regional locations, or other occupation-specific conditions.

Employers are required to pay the Australian market salary rate and comply with AMSR (Australian Market Salary Rate) requirements. According to a Government Gazette notice, the minimum salary under this visa category is currently set at AUD $73,150, plus 11.5% superannuation (please note that the superannuation rate is subject to change every year; contact AustraliaMigrate for the most up-to-date rate). The market salary rate must be at least equivalent to the remuneration paid to an Australian citizen or permanent resident performing the same role in the same location at the equivalent level.

To satisfy Home Affairs that there are no local Australians available with the required skills who want to work in this position, the employer must undertake labour market testing (advertising the role) for all occupations. Labour Market testing is mandatory unless an international obligation applies. Labour Market Testing is not required if Australia has waived this requirement under its international trade obligations. This waiver applies to workers from certain countries, including Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, and Vietnam, or to individuals who are citizens, nationals, or permanent residents of Canada, Chile, South Korea, New Zealand, Singapore, or the United Kingdom.

Please check with AustraliaMigrate to confirm whether LMT is required for your case.

The employer also needs to demonstrate that there is a genuine need for that occupation in their business.

Employers nominating a worker for a SID visa will be required to contribute to the Skilling Australians Fund (SAF). The contribution is payable at the time the worker is nominated:

The amounts are as follows:

$1200 per year or part year of visa requested for ‘small’ businesses (those with annual turnover of less than $10 million) or
$1800 per year or part year of visa requested for other businesses whose turnover is greater than $10 million.

Step 3: Visa

The visa applicant is required to have a minimum of one year of full-time work experience in the nominated occupation.

The applicant must present evidence to demonstrate they have sufficient skills – acquired through recognized qualifications, training or experience in order to meet the requirements of the position.

There is also an English language requirement that needs to be met If the applicant is not from a country where English is the first language – such as UK, Ireland, USA, Canada and NZ. They must achieve an overall score of 5 (with no less than 5 in each of the four bands) on the IELTS or equivalent accredited test in the three years prior to lodging the application.

If a visa holder currently holds a 482 visa, they can transfer the remaining duration of their visa to a new business sponsor. However, great care must be taken when changing employers.

If the visa holder changes employers but retains the same occupation, a new nomination must be approved by the Department;
If the visa holder changes both their employer and occupation, a new nomination and visa application must be submitted.

In such cases, it is crucial to ensure that the new occupation is listed on the relevant skills list, particularly if not applying under the Specialist Skills stream. Proper planning and compliance with these requirements are essential to avoid complications.

Employer sponsorship visas are complex. Please contact our team of experienced registered migration experts for immediate advice and assistance

Subclass 482 Frequently Asked Questions

How does the new TSS visa work if I want to sponsor an overseas person to work in my business or I am a visa applicant and want my employer to sponsor me?

Temporary Skill Shortage (TSS) visa, subclass 482, allows employers to sponsor overseas staff to be employed by them.

Here is how it works: –

The TSS visa program is comprised of two streams – short term STSOL and medium-long-term MLTSSL– and eligibility for either stream depends on the occupation being applied for:
- Short-term stream: a visa of up to two years can be granted with an option to apply for another two. There is no option to apply for permanent residency through this pathway;
- Medium-Long term stream: a visa of up to four years can be granted. There is an option for the visa applicant to be sponsored for permanent residency after three years.
There are three stages involved in the TSS programme: –
- Standard Business Sponsorship – Business needs to be approved as a business sponsor;
- Nomination – the position within the business needs to be approved -this is based on a specific list of occupations and will either be on the short-term list, STSOL, or long- term list,
- Visa applicant has to meet the skill level requirement either from a relevant qualification or in some cases relevant work experience can replace a qualification, as well as having 2 years of work experience in that or a closely related occupation

All the above 3 are separate applications and have specific criteria that needs to be met.

Whether you are an employer or visa applicant, please contact us and we can discuss how the TSS can apply in your situation.

What if I have a subclass 482 visa and I want to change companies?

Temporary Skill Shortage (TSS) Subclass 482 visa holders have up to 180 days to find a new employer if their employment with their sponsor ends.

Visa holders are allowed 180 days at a time to secure new sponsorship, with a maximum limit of 365 days in total across the visa period.
If you wish to change only your employer, a new nomination must be lodged for the same occupation as originally approved under your Subclass 482 visa.
If you intend to change both your employer and your occupation, both a new nomination and a new visa application must be submitted.

Can I add my partner and / or child to my already approved 482 or 457 visa?

Yes.

To do this, the visa holder will need to provide evidence that they are in a genuine relationship with their partner, even if married. If in a de-facto relationship this is taken to mean that they are living together under the same roof as a couple for around 6 months at least.

The employer must also agree in writing to meet their sponsorship obligations towards the secondary applicants. The subsequent dependant applicants will be granted a visa for the same period as the 457 or 482 visa holder.

Can my spouse work on a subclass 482 or 457 visa?

Yes.

The spouse of a 457 or 482 visa holder has unrestricted work rights – providing they are included in the application or are subsequently added into the application.

I am a holder of a subclass 482 visa (Medium-term stream). I have been working for the company that has been recently sold. When can I apply for a permanent visa?

If a new ABN is established, due, for example, to the sale of the sponsoring business, the new company/business will need to be approved as a Standard Business Sponsor under the new ABN. Then a new 482 nomination will need to be lodged linking your visa to the new nomination under that new ABN. Once it is approved you can start working for the new business ABN.

You will need to work on a subclass 482 visa for 3 years in total (which can include working for your initial sponsor whose business has been recently sold and excluding any unpaid leave you may have taken for either sponsor) before you can apply for a permanent visa. Your occupation, however, has to be on the Medium and Long-term Strategic List (MLTSSL)

Can my sponsor cancel my visa?

Your sponsor can inform the Department of Home Affairs once your employment ceases and that they no longer wish to sponsor you. The Department of Home Affairs will grant 60 days to find a new sponsor or lodge a new visa application, which can be a different subclass of visa such as a student or partner visa.

Your sponsor has not got the authority to cancel your visa, only the Department of Home Affairs can do that and it goes through a process so you will be made aware that it is going to happen unless you take some action such as lodge another visa or leave Australia.

I am an Australian employer and wish to sponsor an overseas worker to fill a skill shortage in my business - is it a mandatory to advertise the position and can these adverts be placed on my website and other places local to my business?

Yes, it is mandatory to advertise the position. They have to appear in 3 national reaches on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia. Typical websites are Seek, Indeed, Career-One and Jora. It is mandatory to advertise on Job-Active, as one of the 3 sites. A job advert on your own business website won’t count. The ad has to have compliant wording. Only if the nominee is from certain countries will you be exempt from advertising. These include countries with which Australia has a trade agreement with such is a citizen/national of China, Japan, Mexico, Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand or Singapore.

My employer can no longer sponsor me. What are my options?

From the date when your services are terminated you are required to find a new employer willing to sponsor you within 60 days of your employment ceasing. This usually means transferring your 482 visa to the new employer. The new nomination and visa (if it will soon going to expire), will need to be lodged within the 60-days of your employment ceasing with the most recent employer that sponsored you.

If you cannot find a new employer you may wish to look at other visa options, such as skilled migration, partner or student visa.

I want to apply for Permanent residence based on the Regional Sponsored Migration Scheme (RSMS) – what are the pathways I can do this?

If your employer is based in a regional area of Australia you may be able to apply for RSMS. Regional Areas are defined by postcodes.

You will need to meet the following pathway:

Temporary Residence Transition:

You have been employed for the same employer in the same occupation in that regional area for two years under 457 or three years under a 482 visa.

You hold:

either a subclass 457 visa and must have held it as a primary visa holder on or after 18 April 2017; or
a subclass 482 visa in the Medium-term stream and must have held it as a primary visa holder on or after 20 March 2019 or was a primary applicant for a subclass 482 visa in the Medium-term stream on 20 March 2019 that was subsequently granted.

Your employer has to present a range of documents to meet the requirements of the nomination. These include financial documents, position description, employment contract, organization chart, a statement about why the position is genuine, evidence that the salary is market related etc.

No new RSMS Direct Entry (DE) nominations or visa applications can be lodged from 16 November 2019.

Can I apply for a Bridging visa?

In limited circumstances you can apply for a bridging visa if you are in Australia without a valid visa.

A bridging visa A or C is granted if an applicant who is in Australia and holds a valid visa applies for another visa. It allows them to remain in Australia until a decision is made on their application.

If you are granted a bridging visa A, that visa is active and you want to travel outside of Australia while your application is being assessed, then you need to apply for and be granted a Bridging visa B prior to your scheduled travel.

At all times, you must avoid being in Australia without a valid visa or a Bridging visa. Unlawful stays in Australia usually carry a three-year restriction on any temporary visa that allows re-entry into Australia.

I recently changed an employer and I am on a 482 visa, but I have nearly accumulated 2 years on the 482 visa, can I apply for 186 TRT now?

Applying for permanent residence under the Subclass 186 Employer Nominated Scheme allows previous employment on a 482 visa to count toward the two-year work requirement for the Subclass 186 Visa application. However, when you apply for the Subclass 186 visa, the nominator must be the same employer who sponsored your current 482 visa. This means you will need to transfer your 482 nomination to your current employer before becoming eligible for the 186 Temporary Residence Transition (TRT) stream.

SKILLS IN DEMAND (SID) SUBCLASS 482