Skills in Demand Visa – Subclass 482 Visa

Get Your Skills in Demand Visa (482 Visa)

The SID visa program is designed to enable employers to address labour shortages in their business by bringing in skilled overseas workers where they cannot source an appropriately skilled Australian worker. It facilitates targeted use of overseas workers to address labour shortages while ensuring that Australian workers are prioritised. The SID visa program allows for a stay of up to four years.

There are three streams available under this visa program:

• Specialist Skills stream – this stream is for employers to source skilled overseas workers who:
  • are nominated in a 6-digit Australian and New Zealand Standard Classification of Occupations (ANZSCO) 2022 occupation in Major Groups 1, 2, 4, 5 or 6; and
  • earn at least the Specialist Skills Income Threshold and no less than Australian workers in the same occupation.
• Core Skills stream – this stream is for employers to source skilled overseas workers who:
  • are nominated in an occupation on the Core Skills Occupation List (CSOL); and
  • earn at least the Core Skills Income Threshold and no less than Australian workers in the same occupation.
• Labour Agreement stream – this stream is utilised where an employer has executed a work agreement with the Commonwealth to source skilled overseas workers because there is a demonstrated need that cannot be met in the Australian labour market.

On 7^th December 2024, the Skills in Demand (SID) visa replaced the Temporary Skills Shortage (TSS) visa.  All TSS nominations and visa applications lodged prior to the implementation of the SID visa will be processed using the requirements in force at the time the application was lodged.  If your employer has lodged a TSS nomination and you have not lodged your associated TSS visa application before 7 December 2024, if the nomination is approved it will be deemed a SID nomination and you can lodge an associated application for a SID visa.

Contribution to the Skilling Australians Fund (SAF)

Sponsors (or individuals who have applied to become a SBS or a work agreement sponsor) must pay the SAF levy. The SAF levy is payable in full at the time of lodging a nomination application.

Information provided in the online nomination application form is used to calculate the required SAF levy amount payable.

The amount payable is determined by:

the annual turnover of the sponsoring business (within the meaning in Migration (Skilling Australians Fund) Charges Regulations 2018) and the nominee’s proposed period of stay in Australia based on the nomination

There are no exemptions from paying the SAF levy, except where a nomination is lodged for the occupations of Minister of Religion (including Bishops) and Religious Assistants under the Labour Agreement streams of the SID or ENS visas as per paragraph 5 (3) in Migration (Skilling Australians Fund) Charges Regulations 2018.

 

3 STREAMS:

Core Skills Stream

This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker.

Stay

• Up to 4 years.
• Hong Kong passport holders may stay up to 5 years.
• With this visa, you can work in Australia for up to 4 years or up to 5 years if you are a Hong Kong passport holder
• travel to and from Australia as many times as you want while the visa is valid if eligible, apply for permanent residence.

Requirement:

• be nominated to work in an occupation on the Core Skills Occupation List (CSOL)
• have at least 1 year relevant work experience in your nominated occupation or a related field
• have a relevant skills assessment if this is required for your occupation
• work only for your sponsor or associated entity, unless you are exempt
• meet minimum standards of English language proficiency unless you are exempt from needing to show this

Key Eligibility:

• There is no age requirement for this visa.
• If you are applying in Australia, you must hold:
• a substantive visa or a Bridging visa A, Bridging visa B or Bridging visa C
• If you are in Australia at the time of decision, you must have substantially complied with any conditions that apply or applied to your last substantive visa or bridging visa held.

Before you can apply for a SID visa, your proposed employer will need to submit a nomination application for you. They will only be able to do this if they are an approved sponsor or have at least applied to become a Standard business sponsor.

Your employer must have nominated you to fill an occupation specified on the Core Skills Occupation List (CSOL).

You must be employed in your nominated occupation and in that business or an associated entity.

Overseas business sponsor

You must be employed in your nominated occupation and in that business only (not an associated entity).  You might be exempt from this criterion if you have a certain occupation.

Skills Assessment:

Have relevant skills, qualifications and employment background to perform occupation.

If you are the primary visa applicant, you must demonstrate that you have the skills and experience necessary to perform the nominated occupation.

Some applicants must undertake a skills assessment.  If it is not mandatory for you to undertake a skills assessment, you are still required to provide other evidence to demonstrate that you meet these requirement.

Where a mandatory skills assessment is required, it must be commenced before submitting your visa application or your application will not be valid and will not be processed. As a result, you will be asked to provide a relevant skills assessment reference number when completing your application form.

Medical Practitioners:

If the nominated occupation is a medical practitioner, you must have your qualifications recognised by the relevant authority in Australia for the registration of medical practitioners as entitling you to practise as a medical practitioner.

Mandatory skills assessments

Under paragraph 1240(3)(g), certain SID primary visa applicants are required to demonstrate that they have commenced a skills assessment process, or they must provide a skills assessment where the relevant assessing authority has assessed the applicant’s skills as suitable for the occupation within the required time period.

Exemption to a mandatory skills assessment

You might be eligible to claim an exemption. Relevant exemptions are recorded under Part 2, section 7 of the IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa.

https://www.legislation.gov.au/F2018L00294/latest/text

Work Experience:

Have worked in your nominated occupation or a related field for at least 1 year.  You must have at least 1 year relevant work experience in the nominated occupation or a related field.  You should have gained your experience on a full-time, part-time or casual basis within the last 5 years. Work carried out on a part-time or casual basis must be equivalent to at least 12 months full-time work. The period of work does not need to be continuous.

Such work experience must be completed while working in the nominated occupation or performing tasks at the same skill level in a related field. 

Work experience gained in a related field would involve tasks which are the same or closely related to those of the nominated position you intend to work as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

Other ways you may be able to demonstrate your work experience could include where you have gained your experience:

• as part of a Masters and/or PhD – for relevant occupations, such as medical and research occupations
• while studying through a formal arrangement such as a clinical or industry placement, internship or apprenticeship

If the formal arrangement as specified above was:

• part of a CRICOS registered course, the study must have been relevant to the nominated occupation. For example, medical practitioners could count experience gained through internships or their final year of medical training, including periods of clinical placements.
• not part of a CRICOS registered course, the study must have been undertaken at the skill level of the relevant occupation

Some primary SID visa applicants must undergo a mandatory skills assessment as part of the visa application process. Applicants who fit into this category and the type of assessment required are outlined in the IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa. Depending on your nominated occupation, this will be a skills assessment by Trades Recognition Australia or VETASSESS.

Important: Where a mandatory skills assessment is required, it must be commenced before submitting your visa application or your application will not be valid and will not be processed. As a result, you will be asked to provide a relevant skills assessment reference number when completing your application form.

The mandatory skills assessment must have been undertaken or commenced within the 3 year period ending immediately before the day the SID visa application is made.

Have health insurance is mandatory.

Reciprocal healthcare agreements: Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal healthcare agreement.

Have this level of English language

Primary visa applicants must meet certain minimum standards of English language proficiency unless exemptions apply.

• achieve the required test scores set out in the table below, in a single attempt at the test
• complete the test within 3 years before the date of submitting a valid visa application

IELTS: Overall band score of at least 5.0 with a score of at least 5 in each of the test components.

PTE: Academic overall test score of at least 36 with a score of at least 36 in each of the test components

OET: Score of at least ‘B’ in each of the four components

TOEFL iBT: iBT total score of at least 35 with a score of at least 4 for each of the test components of listening and reading, and a score of at least 14 for each of the test components of speaking and writing

Specialist Skills stream

This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker.

Your occupation is an Australian and New Zealand Standard Classification of Occupations (ANZSCO) listed occupation, excluding occupations listed in Major Groups 3, 7 or 8, where the nominated salary for the position meets the Specialist Skills Income Threshold

You must:

Be nominated to work in an Australian and New Zealand Standard Classification of Occupations (ANZSCO) occupation listed in Major Groups 1,2,4,5 or 6 with a salary that meets the Specialist Skills Income Threshold.

Have at least 1 year relevant work experience in your nominated occupation or a related field.

Have a relevant skills assessment if this is required for your occupation.

Work only for your sponsor or associated entity, unless you are exempt.

Meet minimum standards of English language proficiency unless you are exempt from needing to show this.

With this visa, you can

Work in Australia for up to 4 years or up to 5 years if you are a Hong Kong passport holder.

Study (you won’t receive government assistance).

Travel to and from Australia as many times as you want while the visa is valid.

If eligible, apply for permanent residence.

​Labour agreement stream

This visa is for skilled workers nominated by employers who have a Labour Agreement. It lets you live and work in Australia temporarily. Labour agreements are developed between the Australian Government (represented by the Department) and employers.

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Your employer has to have a labour agreement with the Australian government in effect.

With this visa, you can

Work in Australian for up to 4 years for your sponsor or up to 5 years if you are a Hong Kong passport holder.

Study (you won’t receive government assistance).

Travel to and from Australia as many times as you want, while the visa is valid.

Have your employer sponsor you for permanent residence through the Employer Nomination Scheme (subclass 186).

You must

Be nominated to work in a specified occupation under the terms of a Labour Agreement.

Unless otherwise specified in the Labour Agreement, have gained at least 12 months relevant full-time work experience, or equivalent, within the last 5 years.

Work carried out on a part-time or casual basis must be equivalent to at least 12 months full-time work.

Have a relevant skills assessment if this is required for your occupation.

Work only for your sponsor.

Meet minimum standards of English language proficiency unless you are exempt from needing to show this.

Change of sponsor and/or occupation

SID visa holders in exempt occupations specified in (LIN 19/212) made under subregulation 2.72(13), who have been successfully nominated by an approved sponsor, are able to work for multiple employers simultaneously in the same occupation. They do not require a new nomination to change employer, even if they cease employment with their initial sponsor, as long as they continue to work in the same occupation and their SID visa remains in effect.

SID visa holders, who are not working in an exempt occupation listed in LIN 19/212 and seek to change employers during their visa period, must secure an approved nomination with their new employer to continue working for the remainder of the SID visa grant period.

SID visa holders may change their employer in the same occupation without needing to make a new visa application, unless their visa is about to expire.

SID visa holders who wish to change their occupation, either with their current sponsor or a new one, require a new SID nomination and a new SID visa.

The new employer will also be required to pay a new SAF levy at the time of lodging a new nomination application.

Condition 8607(5) enables subclass 482 visa holders who stop working with their sponsoring employer a period of time to find a new sponsor, apply for another visa or arrange to depart Australia. This includes work for a new sponsor prior to the approval of their new SID nomination.

TSS visa holders who wish to change employer will need to be nominated in a SID nomination by their new employer. Transitional arrangements have been made to permit a valid SID nomination to be linked to an approved TSS visa.

TSS visa holders who wish to change their occupation will need to be nominated in a SID nomination and apply for a SID visa.

Subclass 457 visa holders who wish to change employer and/or occupation will need to be nominated in a SID nomination and apply for a SID visa.

In order for a Subclass 457 visa holder or TSS visa holder to be nominated in a SID nomination, their occupation must be on the CSOL or their occupation and income must qualify them for the Specialist Skills stream.

Genuine position (very important for Nomination application)

Overview

Paragraph 2.72(10)(a) provides that the DM must be satisfied that the position associated with the nominated occupation is a genuine position.

The SID program is designed to enable employers to nominate skilled overseas workers to work in genuine positions where they cannot source an appropriately skilled Australian worker. It should not be used by sponsors to:

• “create a position” solely for the purpose of facilitating the entry, or stay, of the nominee and/or a family member to Australia; and/or
• nominate a position that, despite its title or listed duties, does not align in reality with an eligible occupation as described in ANZSCO – that is, ‘dress up’ a position in order to facilitate a grant to the nominee.

The requirement is that the position associated with the nominated occupation must be genuine.

That is, the position must exist and be what the applicant purports it to be. This requires a qualitative analysis of the nominated position (as claimed by the applicant) and how it compares to the nominated occupation as described in the ANZSCO. It does not require an assessment as to whether it makes good business sense to hire a particular worker or pay them a particular salary.

For example, if a fundraising business is seeking to sponsor a person to wear an animal costume and collect donations from the public and nominates them as a Marketing Specialist (ANZSCO 225113), what is relevant in the assessment of this criterion is whether the DM is satisfied that the position exists and aligns with the duties of a Marketing Specialist (as described in ANZSCO). The business’s need for this role is not pertinent to the assessment.

DMs may be satisfied of the genuineness requirement on the basis of the certifications provided by the sponsor in their application in accordance with paragraph 2.73(14)(a) for SBS and paragraph 2.73(15)(a) for a party to a work agreement, particularly where:

• the position is a highly skilled position with specific tasks outlined in ANZSCO;
• the position fits clearly within the scope of the activities of the business;
• the business has provided evidence that demonstrates that new positions are required;
• the business employs or has previously employed Australian workers in the same or similar positions; and/or
• there is evidence that the position has been advertised and filled through a transparent recruitment process.

Further assessment may be appropriate if there are doubts about the veracity of the sponsor’s certifications and there is information which suggests that:

• the nominated position may have been created to secure a migration outcome for the nominee and/or any of their family members; and/or
• the tasks of the position do not substantially align with the tasks of the nominated occupation as described in the ANZSCO; and/or
• the position may not be consistent with the nature of the business.

Supporting documentation relevant to the assessment of this criterion includes, but is not limited to:

• an organisation chart and supporting information to indicate how the position fits into the business activity;
• an outline of the goods or services produced by the business and how the position and its associated duties contributes to maintaining or enhancing the volume and/or quality of these outputs (this may include detailed and quantifiable plans for future expansion);
• the position having existed and having been previously occupied, but subsequently having become vacant through attrition or being currently occupied by a temporary visa holder;
• an increase in business activity that explain why a position that did not exist previously may be required (for example, new contracts won, increased demand);
• what percentage of the sponsor’s workforce are Australian citizens or Australian permanent residents; and
• overtime work, or increases in overtime work, for employees currently employed in the nominated occupation.

Position created to secure a migration outcome

If the DM has concerns that the position has been created to facilitate the entry or stay of the nominee and one or more of the factors below apply, further assessment is warranted:

• The nominee or secondary applicant is a relative or personal associate of an officer of the sponsor.
• The nominee is a director or owner of the sponsoring business.
• The nominee is currently in Australia and the nominee’s immigration history in Australia suggests that their primary motive is to stay in Australia on any type of visa.
• The business has been in existence for a very short period of time (for example, the business was created in the last 6 months and appears to have been “created” for the purpose of obtaining a visa outcome).
• The business does not employ any, or employs very few, Australian citizens or Australian permanent resident employees.
• There is information that the business may have received, or will receive, payment from the nominee for lodging the nomination.

While an individual cannot nominate themselves (i.e. they cannot “self-sponsor”), the above settings do not prevent individuals from being nominated by a corporation with whom they are associated, provided the corporation is a separate legal entity with its own personhood. This is distinct from “self-sponsorship”, as the corporation, not the individual, acts as the sponsor. However, in such cases, decision makers must be satisfied that the position was not solely created to facilitate the nominee’s long-term stay in Australia and/or create a pathway to permanent migration.

Full-time position

The DM must be satisfied that the position associated with the nominated occupation is a full-time position, subject to 2.72(10A):

A position is generally considered to be full-time when the employee works:

• 38 hours per week; or
• a period between 32 and 45 hours per week that is specified under:
• an industry award or agreement; and
• is consistent with the National Employment Standards (NES).

DMs should, however, be aware that there are a variety of work arrangements in the Australian labour market that do not adhere to a standard work week. If there is evidence the nominee would be expected to work excessive hours that are not consistent with the NES, i.e. in excess of 45 hours per week and/or excessive overtime on a regular basis, the application would be escalated further assessment.

Salary Requirement:

Unless the nominee’s annual earnings are AUD250,000 or above, in order for a nomination to be approved the DM must be satisfied that:

• the Annual Market Salary Rate (AMSR) for the nominated occupation has been determined in accordance with the relevant legislative instrument Migration (IMMI 24/096: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2024 (LIN 24/096)
• the AMSR, excluding any non-monetary benefits, is not less than the Income Threshold applicable to the nomination, being either the Specialist Skills Income Threshold or the Core Skills Income Threshold, unless it is reasonable to disregard this criterion. Monetary benefits for the equivalent Australian worker must be at least the Income Threshold applicable to the nomination below; and
• the nominee’s annual earnings for the nominated occupation will not be less than the AMSR. Nominee cannot be paid less than AMSR below; and
• the nominee’s annual earnings, excluding any non-monetary benefits, is not less than the Income Threshold applicable to the nomination, being either the Specialist Skills Income Threshold or the Core Skills Income Threshold, unless it is reasonable in the circumstances to disregard this criterion.

In addition, for a nomination to be approved, there must be no information known to the Department that the AMSR as determined by the sponsor for the nominated occupation is inconsistent with Australian labour market conditions relevant to the nominated occupation, unless it is reasonable to disregard any such information.

The Specialist Skills Income Threshold and the Core Skills Income Threshold are specified in regulation 1.03:

• The Core Skills Income Threshold​ means AUD73,150.
• The Specialist Skills Income Threshold means AUD135,000.

Labour Market Testing (LMT)

Nomination applications are subject to a requirement to provide evidence of LMT unless ITOs or other specified exemptions apply.

Section 140GBA of the Act prescribes the labour market testing condition for nominations made by an SBS. It applies to the Specialist Skills and Core Skills streams of the SID visa unless it would be inconsistent with any of Australia’s ITOs, or if an exemption applies under sections 140GBB (relating to a major disaster in Australia) or 140GBC (relating to certain skill and occupational exemptions).

Unless the nominated position is a ‘select position’ as defined in LIN 18/036, the nominated position must have been advertised in Australia in accordance with the requirements set out in the relevant legislative instrument (LIN 18/036) made under subsection 140GBA(5) of the Act.

These requirements are summarised below:

• each advertisement must be commissioned or authorised by the approved sponsor; and
• the advertisement must have been advertised in English; and
• the position must have been advertised in at least two advertisements on or in, one or more of the following advertising platforms:
  • on a recruitment website with ‘national reach’ in Australia
    • This would include:
  • prominent or professional recruitment websites that publish advertisements for positions throughout Australia, as well as industry specific recruitment websites relevant to the occupation that are in significant use by the industry; and
  • LinkedIn’s online recruitment platform except for job vacancies restricted to a LinkedIn profile; and
  • The jobs portal of a general classifieds website.
  • This would not include the classifieds portal of a general classifieds website or an advertisement solely through social media, such as Twitter, Facebook or Instagram. However, an advertisement published in the jobs section of a classifieds website with national reach is acceptable.
  • in print media with national reach in Australia
    • This would include national newspapers or magazines.
  • on radio with national reach in Australia
    • This would include radio programs that are broadcast or syndicated nationally.
  • if the sponsor is an accredited sponsor – on the approved sponsor’s website; and
  • each advertisement must have been commissioned or authorised by the approved sponsor, and have included the following details:
  • the title or a description of the position;
  • the skills or experience required for the position;
  • the name of the approved sponsor or the name of the recruitment agency being used by the approved sponsor to undertake LMT;
  • the salary for the position (if the intended annual earnings for the nominated position are lower than AUD96,400); and
  • ap​plications or expressions of interest for an advertised position must be accepted for at least four weeks from when the advertisement was first published.

Note:

In assessing the requirement for applications or expressions of interest for an advertised position to be accepted for at least four weeks from when the advertisement was first published:

• Each advertisement must accept applications or expressions of interest for an advertised position for at least four continuous weeks from when each advertisement is first published. For example:
  • a single advertisement is run for four continuous weeks; or
  • two overlapping advertisements are run on the same platform for four continuous weeks.
    • two advertisements run back to back or one after the other do not overlap and are therefore not acceptable.

Advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves. The sponsor should provide evidence that it has engaged a third party to undertake its LMT activities, which may include:

• Fees and invoices for recruitment services
• Summary of search undertaken
• Contract between company and an executive search firm

For more information to assess your eligibility, please contact us on our WhatsApp number +61 413 737 449 or on our landline number +61 2 81880740 and book for a consultation.