Delays in implementing the Skills in Demand visa
Despite the Australian Government’s commitment to implementing the Skills in Demand visa in “late 2024” and by the “end of 2024’, the Senate failed to pass any legislation about the upcoming Skills in Demand visa on the last Senate sitting date for 2024.
The next Senate sitting date is scheduled for February 2025, which means that the Skills in Demand visa is likely to only be coming into effect in early 2025, at the earliest.
Recap on what the Skills in Demand visa is going to look like
According to the Australian Government’s Migration Strategy which was published in December 2023, the upcoming Skills in Demand visa is going to be replacing the current Temporary Skill Shortage (Subclass 482) visa, and will essentially be a new employer-sponsored visa which allows businesses to sponsor overseas workers to work for them in Australia.
The Temporary Skill Shortage (Subclass 482) visa presently has three (3) streams:
Short-term stream
Medium and long-term stream
Labour Agreement stream
Whilst it was initially announced that the Skills in Demand visa would encompass three (3) main pathways, namely the Specialist Skills pathway, the Core Skills pathway and the Essential Skills pathway, recent reference to the Skills in Demand visa by the Department of Home Affairs indicates that the the Skills in Demand visa will be implemented with the following pathways:
Specialist Skills Pathway (for highly skilled migrants of significant economic benefit earning at least AUD135,000 per year in any occupation other than trades, labourers and machinery operators);
Core Skills Pathway (for persons who are being nominated in an occupation on the Core Skills Occupation List which is still being developed, and who earn at least the Temporary Skilled Migration Income Threshold (TSMIT) which is presently AUD73,150 per year); and
For a full list of the occupations that may or may not be available on the Core Skills Occupation List, check out our free guide on all the occupations which have been canvassed by Jobs and Skills Australia, a government body which has been responsible for providing independent advice on current, emerging and future workforce, skills and training needs. Jobs and Skills Australia has published a draft Core Skills Occupation List and classed current occupations available for the Temporary Skill Shortage (Subclass 482) visa into three (3) main categories (i.e. Confident On List, Confident Off List and Targeted for Consultation), providing an indication of what the final Core Skills Occupation List may look like. If your occupation is in the Confident Off List or Targeted for Consultation, and you are already eligible to apply for a Temporary Skill Shortage (Subclass 482) visa, it may be prudent to explore your current immigration and/or visa options before the Skills in Demand visa is implemented.
Labour Agreement Pathway (for skilled workers working in a certain industry or for a certain business where the sponsoring employer is a party to a labour agreement with the Australian Government).
This suggests that the Skills in Demand visa will be replacing the current Subclass 482 visa program’s Short-term stream and Medium and long-term stream with the Specialist Skills Pathway and the Core Skills Pathway, while carrying over its Labour Agreement stream.
Additionally, the new Skills in Demand Visa will reportedly boast a number of exciting features, including:
monthly or quarterly trailing employer fees as opposed to the present upfront Skilling Australians Fund levy payable by sponsoring employers
streamlined visa applications particularly for the Specialist Skills Pathway to facilitate shorter processing times
a validity period of 4 years for all Skills in Demand Visa holders
no requirement to be tied to any one (1) employer under the conditions of the visa
a public register of approved sponsors will be developed to assist migrants wishing to find a new sponsor
a pathway to permanent residence after working on the Skills in Demand visa for a requisite period of time
being able to accumulatively accrue work experience for multiple employers on a Skills in Demand Visa to transition to permanent residence (as opposed to current Subclass 482 Visa holders having to work for one sponsoring employer for at least 2 years before being nominated by the same sponsoring employer for permanent residence)
being able to apply for permanent residence through self-nominated independent pathways e.g. through a reformed point test
Nonetheless, the actual requirements of the Skills in Demand visa remain to be seen, and will only be evident once the relevant legislation enlivening the Skills in Demand visa is passed by the Australian Government.
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia. Should you wish to discuss your eligibility for migration to Australia through employer-sponsored and/or general skilled migration pathways, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.
