In Short
- The Skills in Demand (SID) Visa will replace the Temporary Skill Shortage (TSS) visa from 7 December 2024, operating under the new Core Skills Occupation List (CSOL).
- It is unclear whether key features of the SID visa will also commence on 7 December 2024, such as extended Labour Market Testing (LMT) to six months, salary thresholds and a published list of approved sponsors.
- Recent immigration laws prioritise compliance and border security, but changes may impact sponsorship processes and visa eligibility.
Tips for Businesses
Familiarise yourself with the CSOL to ensure that the roles you need to fill align with the occupations listed under the new framework. Be prepared for potential adjustments in eligibility criteria, such as LMT requirements and salary thresholds, and caveats similar to the TSS program. Ensure your business complies with sponsorship obligations to avoid complications under the SID visa framework.
Australia's migration landscape is undergoing significant transformation. The Department of Home Affairs (DOHA) has announced significant changes to Australia's skilled migration framework. On 3 December 2024, DOHA confirmed the release of the Core Skills Occupation List (CSOL), which will underpin the new Skills in Demand (SID) visa. This will replace the Temporary Skill Shortage (TSS) visa from 7 December 2024. The SID visa will now operate under a consolidated occupation list. The National Innovation Visa (NIV) is also expected to start imminently. These represent a strategic effort to align immigration with the nation's economic goals. Recent amendments to the Migration Act also reflect a stricter stance on managing non-citizens and detention facilities. This article offers a clear overview of the SID visa, the NIV and key legislative changes shaping Australia's migration framework.
Skills in Demand (SID) Visa – Subclass 482
The SID visa was first announced in 'The New Migration Strategy' in December 2023, marking a vast shift in Australia's approach to skilled migration. On 3 December 2024, DOHA announced that the SID will replace the Temporary Skill Shortage (TSS) visa, but will remain as the subclass 482.
The Core Skills Occupation List (CSOL) consolidates multiple outdated occupation lists into a single framework, covering 456 occupations across critical sectors such as construction, health, education, and cyber security. The CSOL will apply to all SID visa applications lodged from 7 December 2024 and the Direct Entry stream of the Employer Nomination Scheme (ENS) subclass 186 visa.
Uncertainties Surrounding SID Legislation
While the SID visa officially launches on 7 December 2024, several aspects of the program remain unclear:
- Labour Market Testing (LMT): The Government has proposed extending the LMT duration from four to six months. However, it is uncertain whether this change will take effect through a legislative instrument amending the Migration Regulations 1994 or if it will require parliamentary approval when Parliament resumes in February 2025.
- Approved List of Sponsors: Similarly, the introduction of a sponsor register has not yet been confirmed. These could be implemented via legislative instruments, but confirmation is pending.
- Implementation of the CSOL: At this stage, it is unclear how the CSOL will be implemented. A legislative instrument will likely be issued to amend the Migration Regulations, but specifics have not been provided.
- Occupation Caveats: There has been no confirmation on whether caveats will apply to occupations on the CSOL, similar to those under the TSS 482 visa program. For example, TSS caveats restrict chefs from working in limited-service restaurants or prevent businesses with less than five employees from sponsoring recruitment consultants. Whether such restrictions will continue or be revised under the SID visa framework remains unknown.
What This Means for Employers
Employers can begin lodging SID visa applications from 7 December 2024, based on the CSOL. However, further legislative refinements expected in 2025 may introduce new requirements or clarifications. Until these are finalised, employers should prepare for potential adjustments in key areas, such as:
- LMT;
- salary thresholds; and
- sponsor obligations.
At this stage, it is crucial to remain adaptable and stay informed about Department of Home Affairs updates. We will continue to monitor developments and provide guidance as more information becomes available.
Employer Guide to Sponsoring Foreign Workers
Sponsoring overseas workers as an Australian business is complicated. Let us simplify it for you with this free employer guide.
National Innovation Visa (NIV) – Subclass 858
DOHA first announced that the National Innovation Visa (NIV) would replace the Global Talent Visa (GTV) via the New Migration Strategy in December 2023. While the full rollout timeline for the NIV remains unclear, on 3 December 2024 DOHA confirmed that updates on the NIV would be announced shortly, possibly linked to changes commencing on 7 December 2024.
Here are the key updates:
- EOI Processing Halted: On 29 November, DOHA announced that it would no longer assess Expressions of Interest (EOI) for Global Talent Visas (GTV) that are pending. EOIs that have not yet received invitations will not proceed further. Applicants with pending EOIs must reconsider their options.
- Direct GTV Applications: Despite the EOI
cessation, applicants can still lodge a direct application for the
GTV. DOHA will assess these applications and allocate them to one
of two streams:
- GTV Stream: With a cap of 4,000 places for the 2024/2025 year and with processing times of around 10 months, for applicants who meet the stringent criteria under Ministerial Direction 89 (international recognition, exceptional contributions, and alignment with target sectors).
- Distinguished Talent Visa Stream: Applications that do not align with Direction 89 may be considered under this stream, which has 300 places and processing times exceeding 36 months. These applications will likely not be finalised due to placement caps.
- Anticipated Announcements: On 3 December 2024, DOHA stated that more information about the NIV will be released soon. While the exact timeline remains uncertain, it is highly likely that updates will clarify the process and criteria for lodging EOIs for the NIV.
What This Means for Applicants
If you are a GTV candidate with a pending EOI or a prospective NIV candidate, you have two main pathways moving forward:
- Lodging a Direct GTV Application: This ensures immediate consideration under the current framework. A strong, well-prepared application is essential to align with Direction 89 and avoid allocation to the slower Distinguished Talent stream. However, with a lack of information as to when the NIV will commence, it may be best to wait until after 7 December 2024 to assess further updates.
- Waiting for the NIV: Holding off until the NIV starts may align with updated criteria, but details remain uncertain and waiting may delay opportunities.
We anticipate further announcements regarding the NIV and its criteria in the coming days or weeks. If you are a GTV candidate with a pending EOI, we recommend you weigh your options carefully and act promptly where necessary. Contact us for expert guidance tailored to your needs.
Legislative Bills
Recent legislative changes reflect the Government's emphasis on border security and immigration compliance. Three key bills are driving these reforms:
Migration Amendment (Removal and Other Measures) Bill 2024
This bill strengthens compliance for non-citizens on removal pathways, including Bridging Removal Pending visa holders (Subclass 070). Key measures include:
- mandatory cooperation with removal efforts, with penalties of up to five years imprisonment for non-compliance; and
- ministerial powers to designate "removal concern countries". This enables targeted restrictions. While reinforcing lawful processes, these measures raise concerns about the potential misuse of discretionary powers.
Migration Amendment Bill 2024
This bill enhances the management of Bridging Visa holders (BVRs) and streamlines their removal. It aims to:
- simplify removal processes for Subclass 070 visa holders; and
- clarify the information used in character and community protection decisions.
Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024
This bill expands control over detainees' possessions, allowing:
- warrantless searches and item seizures for security purposes;
- blanket bans on items like mobile phones and internet-capable devices;
- strip and area searches involving external resources, such as dogs. Strong arguments exist that these measures could infringe on detainees' rights, limit legal access, and reduce oversight of detention conditions.
These bills reflect significant changes but have drawn concerns about their proportionality and implications for individual rights.
Key Takeaways
Australia's migration system is undergoing significant transformations, including the imminent introduction of the Skills in Demand (SID) Visa and the National Innovation Visa (NIV). These reforms reflect a strategic focus on addressing critical skill shortages, supporting economic priorities, and enhancing compliance measures. However, key uncertainties remain, including:
- Implementation Details: Questions persist regarding how aspects such as the CSOL, Labour Market Testing, and salary thresholds will be enforced—whether through legislative instruments or broader parliamentary reforms.
- Streamlined Processes: For both the SID and NIV, it is unclear how the transition from existing frameworks will impact applicants and sponsors, particularly for pending EOIs under the GTV program.
- Human Rights Concerns: Recent legislative changes have drawn criticism for their potential impact on individual rights, particularly regarding detention and compliance measures.
As the Government continues to refine these policies, much remains uncertain. At LegalVision, we are committed to keeping you informed of these changes. We will release updates as soon as more information becomes available.
Frequently Asked Questions
What are some new visa categories Australia is introducing?
The Australian Government is introducing the Skills in Demand (SID) Visa and the National Innovation Visa (NIV) to address skill shortages and align with economic goals.
When will the SID Visa take effect?
The SID will commence on 7 December 2025, alongside the CSOL.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.