Skills in Demand visa to replace the Temporary Skill Shortage (Subclass 482) visa on 7 December 2024

On 3 December 2024, the Department of Home Affairs released the Core Skills Occupation List which prescribes the occupations available for the Core Skills stream of the upcoming Skills in Demand visa, announcing that:

• the Skills in Demand visa will replace the Temporary Skill Shortage (Subclass 482) visa on 7 December 2024;

• the Core Skills Occupation List will also apply to the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa; and

  • This potentially means that more people will be able to apply directly for permanent residence through the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa (c.f. having to transition to permanent residence through the Subclass 482 visa or the Skills in Demand visa).

• the National Innovation visa will also soon be implemented.

As the ImmiAccount will be under maintenance from 8:30pm on 6 December 2024 to 12:00pm on 7 December 2024, all persons who intend to lodge their Subclass 482 visa application before the implementation of the Skills in Demand visa should do so before 6 December 2024, so as to avoid being prevented from lodging a valid application by any technical issues.

In the meantime, we remind all prospective migrants that the Core Skills Occupation List is not yet in effect, and that it is important to review the actual legislative instrument which outlines the occupations for the Core Skills stream of the upcoming Skills in Demand visa when it is released, prior to applying for a Skills in Demand visa.

@inclusivemigration The Department has announced the finalisation of the Core Skills Occupation List but just a quick reminder that this is not yet in legal effect. Nonetheless, it looks like the Skills in Demand visa may still be implemented by the end of 2024, potentially on 7 December 2024... This is general information only and does not constitute legal advice. #migrationupdates #skillsindemandvisa #nationalinnovationvisa #482visa #tssvisa #immigrationlawyer #migrationlawyer #186visa ♬ original sound - Inclusive Migration Lawyer

@inclusivemigration If you are going to apply for the Subclass 186 visa in the Direct Entry stream, make sure you check the Core Skills Occupation List. This is general information only and does not constitute legal advice. #186visa #migrationlawyer #immigrationlawyer #tssvisa #skillsindemandvisa #migrationupdates #482visa ♬ original sound - Inclusive Migration Lawyer

@inclusivemigration Check if your occupation is available on the Core Skills Occupation List (CSOL) through the News section of our website as we have linked the CSOL in our blog post. Remember that this is not in legal effect and that you should check it again once the CSOL is in legal effect. This is general information only and does not constitute legal advice. #482visa #migrationupdates #skillsindemandvisa #tssvisa #immigrationlawyer #migrationlawyer #186visa #nationalinnovationvisa #csol #coreskillsoccupationlist ♬ original sound - Inclusive Migration Lawyer

Recap on what the Skills in Demand visa is going to look like

In accordance with 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:

1. Short-term stream

2. Medium and long-term stream

3. 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 streams:

1. 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);

2. Core Skills Pathway (for persons who are being nominated in an occupation on the Core Skills Occupation List, and who earn at least the Temporary Skilled Migration Income Threshold (TSMIT) which is presently AUD73,150 per year); and

3. 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.