Key Changes since Skills in Demand (Subclass 482) Visa Implementation
The Skills in Demand (Subclass 482) visa replaced the Temporary Skill Shortage (Subclass 482) visa on 7 December 2024, and a number of major changes have been made to the Subclass 482 visa program, including:
the Short-term and Medium & Long-term stream being replaced by the Specialist Skills stream and the Core Skills stream;
the Temporary Skilled Migration Income Threshold (TSMIT) being replaced by the Specialist Skills Income Threshold and the Core Skills Income Threshold;
the work experience requirement being reduced from two (2) years to one (1) year of relevant full-time work experience (or equivalent) in the last five (5) years;
the implementation of the Core Skills Occupation List which will apply to the Core Skills stream (which excludes some of the occupations previously available for the TSS visa while also incorporating additional occupations like Child Care Worker, Beauty Therapist and Wushu Martial Arts Coach or Yoga Instructor); and
The addition of caveat 14 to the Chef occupation, which has since been clarified by the Department as not meaning to restrict the nationality of skilled overseas workers being nominated in the Chef occupation;
the same English language requirement applying to all streams of the Subclass 482 visa (except where English language concessions may apply in the Labour Agreement stream), whereas the English language requirements in the previous Short-term and Medium & Long-term stream of the Temporary Skill Shortage (Subclass 482) visa program were different.
We previously answered some commonly asked questions about the new Skills in Demand (Subclass 482) visa in a previous blog post.
In this blog post, we answer more commonly asked questions about the key changes that have happened to Australia’s employer-sponsored visa programs since the implementation of the Skills in Demand (Subclass 482) visa, which also extend to the Employer Nomination Scheme (Subclass 186) visa.
Is the Skills in Demand visa still the Subclass 482 visa?
Yes, the Skills in Demand visa retains the same subclass number as its predecessor, the Temporary Skill Shortage (Subclass 482) visa.
What are the new streams of the Skills in Demand (Subclass 482) visa?
The Skills in Demand visa has three (3) streams:
Specialist Skills stream
can be for any occupation apart from trades workers, machinery operators and drivers; and
must meet the Specialist Skills Income Threshold which is presently AUD135,00 per annum.
Core Skills stream
can be for any occupation on the Core Skills Occupation List, subject to any caveats for the relevant occupation; and
must meet the Core Skills Income Threshold which is presently AUD73,150 per annum.
Labour Agreement stream
can be for any occupation available in the relevant industry, company-specific or Designated Area Migration Agreements (DAMA) Labour Agreement;
be nominated to work in an occupation specified under the terms of the relevant Labour Agreement;
meet any other requirements as specified under the terms of the relevant Labour Agreement, some of which may contain English language and/or skills concessions (i.e. certain Labour Agreements may require lesser work experience, allow for the substitution of formal qualifications with a certain amount of work experience, and/or have more relaxed English language requirements.
The Labour Agreement stream has been carried over from the previous Temporary Skill Shortage (Subclass 482) visa program and will continue to be in effect at least until the proposed Essential Skills stream takes place, the latter being presently subject to further development.
My occupation is on the Core Skills Occupation List and I will be paid at least AUD73,150 per annum - does this mean I am eligible?
Persons whose nominated occupation is on the Core Skills Occupation List may be eligible for a Skills in Demand visa in the Core Skills stream if the proposed salary of the nominated position is at least AUD73,150, and consistent with the Annual Market Salary Rate for the nominated occupation (i.e. the salary which would be paid to an equivalent Australian worker working in the nominated position, at the same location).
Notwithstanding this, it is important to note that the Skills in Demand visa is an employer-sponsored visa, which means that you must be sponsored for a Skills in Demand visa by a sponsoring employer. In particular, the Skills in Demand visa involves a 3-stage application process, and there other requirements which must be satisfied for:
the approval of the sponsorship application;
the approval of the nominated position; and
the grant of the Skills in Demand visa.
I have heard that only Chefs of a certain nationality can be sponsored for a Skills in Demand visa - is this true?
When the legislative instrument prescribing the Core Skills Occupation List was initially released on 6 December 2024 (commencing on 7 December 2024), caveat 14 was prescribed as an “inapplicability provision”, which was interpreted as restricted the nationality of skilled overseas workers who can be sponsored for a Skills in Demand visa in the Chef occupation:
In particular, strict legal interpretation of caveat 14 would effectively limit the Chef occupation to skilled overseas workers who are covered by Australia’s international trade obligations under the following agreements:
Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA);
Australia-Chile Free Trade Agreement (ACl-FTA);
Australia-United Kingdom Free Trade Agreement (AUKFTA);
China-Australia Free Trade Agreement (ChAFTA);
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);
Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA);
General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization (GATS);
India-Australia Economic Cooperation and Trade Agreement (IAECTA);
Indonesia-Australia Comprehensive Economic Partnership Agreement (IA‑CEPA);
Japan-Australia Economic Partnership Agreement (JAEPA);
Korea-Australia Free Trade Agreement (KAFTA);
Malaysia-Australia Free Trade Agreement (MAFTA);
Pacific Agreement on Closer Economic Relations Plus (PACER Plus);
Peru-Australia Free Trade Agreement (PAFTA);
Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement (ANZCERTA);
Regional Comprehensive Economic Partnership Agreement (RCEP);
Singapore-Australia Free Trade Agreement (SAFTA); and
Thailand-Australia Free Trade Agreement (TAFTA).
On 10 December 2024, the Department released clarification that caveat 14 was initially intended to highlight occupations included on the Core Skills Occupation List due to Australia’s commitments under international trade obligations, and it was not intended to restrict the nationality of skilled overseas workers for the purposes of the Chef occupation. The Department also indicated that the legislative instrument will be amended to ensure clarity “as a matter of priority”.
As of 2:30pm on 12 December 2024, the relevant legislation instrument still refers to caveat 14, which has yet to be amended or removed fr3m the Chef occupation. While the Department o Home Affairs has reportedly informed that in the interim, applications for Chefs will not be restricted by nationality, and that such applications can continue to be lodged and granted without concern, we believe it may be appropriate to await the actual legislative amendments prior to lodging an application for approval of the nominated position where the relevant nominee is of a nationality that is not otherwise covered by Australia’s international trade obligations. Update: Caveat 14 was removed from the Chef occupation on 14 December 2024.
I am not eligible for the Specialist Skills stream but my occupation is not on the Core Skills Occupation List - what are my options?
In the event that the proposed salary of your nominated position is less than AUD135,000 (thus rendering you ineligible for a Skills in Demand visa in the Specialist Skills stream), and your nominated occupation is not otherwise available in the Core Skills Occupation List for the Core Skills stream, you may wish to explore your eligibility for a Skills in Demand visa in the Labour Agreement stream.
There are five (5) broad categories of Labour Agreements, and a multitude of different Labour Agreements, some of which cater to occupations which may not be available in the Core Skills Occupation List:
Company Specific Labour Agreements - where there is a genuine skills need not already covered by an Industry Labour Agreement, Designated Area Migration Agreement (DAMA) or standard skilled visa programs unless a strong & compelling business case has been provided;
Designated Area Migration Agreements which presently cover the following areas -
Adelaide City Technology and Innovation Advancement, SA: Skilled & Business Migration
East Kimberley, WA: East Kimberley Chamber of Commerce and Industry
Far North Queensland, QLD: Cairns Chamber of Commerce,
Goulburn Valley, VIC: Goulburn Valley
Great South Coast, VIC: Warrnambool City Council
Northern Territory, NT: Northern Territory Designated Area Migration Agreement
Orana, NSW: Regional Development Australia - Orana, NSW
Pilbara, WA: RDA Pilbara
South Australia Regional, SA: Skilled & Business Migration
South West, WA: Shire of Dardanup
The Goldfields, WA: City of Kalgoorlie Boulder
Townsville, QLD: Townsville Enterprise Limited
Western Australia: Department of Training and Workforce Development
Global Talent Employer Sponsored (GTES) Agreements for employers to sponsor skilled overseas workers for highly-skilled niche positions that cannot be filled by Australian workers or through other standard visa programs, in the following streams -
Established Business stream
Startup stream
Industry Labour Agreements for the following industries:
Advertising Industry Labour Agreement
Aged Care Industry Labour Agreement
Dairy Industry Labour Agreement
Fishing Industry Labour Agreement
Horticulture Industry Labour Agreement
Meat Industry Labour Agreement
Minister of Religion Labour Agreement
On-hire Industry Labour Agreement
Pork Industry Labour Agreement
Restaurant (Premium Dining) Labour Agreement
Project Agreements - for project companies with genuine skills shortages during the construction phase of resource or infrastructure projects.
As each Labour Agreement is subject to its own set of eligibility criteria and may cater to different occupations, business or prospective applicants who are interested in exploring their eligibility for a Skills in Demand visa in the Labour Agreement stream are encouraged to seek professional advice about their options.
I have heard that I can apply directly for permanent residency through the Direct Entry stream of the Subclass 186 visa if my occupation is on the Core Skills Occupation List - is this true?
The Core Skills Occupation List applies not only to the Core Skills stream of the Skills in Demand visa, but also to the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa. This means that subject to meeting the requirements of the Subclass 186 visa, persons whose nominated occupations are on the Core Skills Occupation List may have direct access to permanent residency through the Direct Entry stream of the Subclass 186 visa.
In any event, persons who are sponsored for a Skills in Demand visa generally have a pathway to permanent residence after cumulatively working for one (1) or more sponsoring employers for at least two (2) out of the last three (3) years on their Subclass 482 visa, as long as they are nominated for permanent residence by the employer who has most recently sponsored them for a Subclass 482 visa through the Temporary Residence Transition stream of the Employer Nomination Scheme (Subclass 186) visa.
I heard that the Core Skills Income Threshold does not apply to the Direct Entry stream of the Subclass 186 visa - is this true?
There appears to be some misinformation going around about the Core Skills Income Threshold (or its predecessor, the Temporary Skilled Migration Income Threshold (TSMIT)) not applying to the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa.
Under Regulation 5.19 of the Migration Regulations 1994 (Cth), applications for approval of a nominated position under the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa are in fact subject to the Core Skills Income Threshold which is presently AUD73,150. Even before legislative changes were made for the Core Skills Income Threshold’s application to the Direct Entry stream of the Subclass 186 visa, nomination applications in the Direct Entry stream of the Subclass 186 visa were in fact likewise subject to the Temporary Skilled Migration Income Threshold (TSMIT) of AUD73,150.
Additionally, under the Direct Entry stream of the Subclass 186 visa, the proposed salary for the nominated position must not only be at least equivalent to the Core Skills Income Threshold (presently AUD73,150), but also consistent with the Annual Market Salary Rate of the nominated occupation (i.e. the salary which would be paid to an equivalent Australian worker working in the nominated position, at the same location).
Where do I find help with getting a Skills in Demand (Subclass 482) visa?
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. In particular, we have assisted business sponsors and prospective migrants with navigating employer-sponsored visa changes over the past few years, including the replacement of the previous Temporary Work (Subclass 457) visa with the Temporary Skill Shortage (Subclass 482) visa, which has now been replaced by the Skills in Demand (Subclass 482) visa.
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.
