The long-awaited release of regulations has provided clarity on the transition from the Temporary Skill Shortage (TSS) visa to the new Skilled in Demand (SID) visa, effective 7 December 2024. Nealy all the changes are as have predicted throughout the year.
Some of the finer detail will not be known until after the publication of the new policy to be applied by Departmental officers. Our team of excited lawyers will be spending the weekend getting across this detail ahead of our webinar on Monday, 9 December 2024 at 4:00PM AEDT.
Key Features of the new SID Visa:
1. Nomination and Visas lodged before 7 December
- Will be processed using the current occupation list and rules.
2. Nomination and Visas lodged after 7 December
- Will be processed using the new occupation list and rules (Core Skills Occupation List (CSOL) in the core skills stream).
- TSS visa holders who are currently sponsored in occupations removed from the list will NOT be able to change employers or apply for a further TSS visa.
- TSS visa holders who are currently sponsored in occupations removed from the list will still be able to apply for an ENS TRT visa (2 year permanent residence pathway).
3. Single Occupation List (CSOL) – all visas now for up to 4 years
- The CSOL replaces the previous multiple lists under the TSS visa.
- 70 new occupations in health, childcare, education, construction, and cyber sectors.
- Removal of some occupations such as Restaurant Managers, Financial Dealers and Brokers, Specialist Managers, Graphic Designers.
4. Three new streams:
- Specialist Skills Stream: For highly skilled workers earning $135,000+ in most ANZSCO occupations, excluding trades.
- Core Skills Stream: For roles on the new CSOL list of occupations earning over $73,150 (including trades). Essentially the same as the TSS.
- Labour Agreement Stream: Continuation of existing Labour Agreement process.
5. Labour Market Testing (LMT)
- We are waiting to see if there are any changes but we expect LMT to continue to be a requirement as per the current settings.
6. Skilled Australians Levy
- We are waiting to see if there are any changes but none are expected.
7. Simplified English and Work Experience Requirements:
- English language requirements align with TSS visa standards ( eg. IELTS score of 5 overall).
- Work experience reduced to one year full-time or equivalent within the past five years, providing greater flexibility, especially for part-time workers and those with career interruption.
8. Permanent residence
- Rules are essentially the same.
- Time spent with any sponsoring employer counts toward the permanent residency requirements under the Temporary Residence Transition (TRT) stream of the Subclass 186 visa.
- Direct Entry (DE) are limited to occupations on the CSOL.
9. Annual Indexation of Income Thresholds:
- Income thresholds will be indexed annually in line with Average Weekly Ordinary Time Earnings (AWOTE) to ensure competitive wages and prevent undercutting of Australian workers.
10. Sponsorship obligations
- An employer’s obligations to ensure that the sponsored worker works only in the nominated occupation will end when the employee leaves the business.
11. Fees
- Government fees are now the same for all occupations and streams of the visa.
As always, reach out to your Ajuria team if you have any questions but we will otherwise see you on the webinar on Monday.
The post Introducing the New Skilled in Demand (SID) Visa first appeared on Ajuria Lawyers – Leaders in Immigration.