Australia’s New Skills in Demand Visa

 

 

Australia is set to transform its temporary skilled migration landscape with the introduction of the Skills in Demand (SID) visa, which will replace the current Temporary Skill Shortage (TSS) visa by the end of 2024. This new visa aims to better address Australia’s evolving skills needs and provide a more structured pathway to permanent residency for skilled migrants.

 

Here’s what you need to know about this upcoming change:

Key Features of the SID Visa

 

Validity and Mobility:

The SID visa allows temporary skilled workers to stay in Australia for up to four years, with a definitive pathway to permanent residency. This extended period helps both migrants in achieving career continuity and Australian businesses in meeting long-term workforce needs.

 

SID Visas Have Three Distinct Streams:

1. Specialist Skills Stream: Tailored for highly skilled professionals earning a minimum of $135,000 annually, except (we would say unfairly) for trades, machinery operators, drivers, and labourers. This stream targets sectors in need of top-tier white collar talent.
2. Core Skills Stream: Focuses on occupations listed in the new (yet to be published)  Core Skills Occupation List (CSOL) and meeting the Core Skills Income Threshold. It aims to address specific shortages critical to Australia’s economic growth. You can read more about the CSOL here.
3. Labour Agreements Stream: A renaming of the former TSS Labour Agreement stream, this allows sponsors to forge bespoke agreements that address distinct industry and company needs.

 

Reduced Work Experience Requirement:

To broaden access to global talent, the SID visa lowers the work experience requirement to just one year, down from the previous two years. This change makes the visa accessible to talented early-career professionals and recent graduates.

 

Transition from TSS Visa:

The SID visa will replace the short-term and medium-term streams of the TSS visa. Current TSS visa holders will continue under their existing arrangements, but the transition focuses on consolidating migration processes to ensure clarity and efficiency.

 

Benefits for Stakeholders

For Employers:

Easier access to international talent, simplified sponsorship processes, and the ability to fill skill gaps more easily.

 

For Migrants:

A clear pathway to permanent residency, reduced experience requirements, and greater certainty regarding their future in Australia.

 

Employers – How We Can Help.

 

  We understand the new SID Visa Framework:

Our team are experts in navigating complex visa regulations. They can provide employers with a comprehensive understanding of the SID visa’s three streams (Specialist Skills, Core Skills, and Labour Agreements), eligibility criteria, and application processes. This includes advising on the nuances of each stream and determining which stream best suits the employer’s specific needs.

 

We Can Navigate the Labour Market Testing Requirements For You:

While the specifics of labour market testing under the SID visa are yet to be confirmed, we can advise on likely requirements and assist you in conducting effective labour market testing. This involves demonstrating genuine attempts to recruit Australians before sponsoring overseas workers. Wecan also help prepare comprehensive documentation to satisfy these requirements.

 

We Can Implement a Robust Sponsorship Strategy for You:

A key aspect of the SID visa is sponsorship. We are experts at guiding employers through the sponsorship application process, ensuring they meet all necessary obligations. This includes advising on sponsorship eligibility, preparing sponsorship applications, and managing ongoing sponsorship obligations. We can also help develop a long-term sponsorship strategy aligned with an  employer’s workforce planning needs.

 

Negotiating Labour Agreements:

For employers seeking to utilise the Skills in Demand Labour Agreement stream, we provide expert assistance in negotiating and drafting labour agreements with the Department of Home Affairs. This involves presenting a compelling case for the need to sponsor overseas workers and ensuring the agreement meets all regulatory requirements. AHWC Immigration Law has extensive experience in all varieties of Labour Agreements and their relevant requirements.

 

We Advise on Compliance and Record Keeping:

Our Team advises employers on their obligations regarding record keeping, reporting, and compliance with sponsorship obligations. This includes maintaining accurate records of employment, wages, and working conditions for sponsored workers. Proper compliance is crucial to avoid penalties and maintain sponsorship approval.

We can also provide Compliance Training, either in person or via our online training packages.

 

Transitioning from Existing TSS Visas:

For employers currently sponsoring employees on TSS visas, we can advise on the implications of the transition to the SID visa. This includes assessing whether existing sponsored workers are eligible for the SID visa and guiding them through the transition process.

 

Staying Up-to-Date with Changes:

Immigration law is constantly evolving. Immigration lawyers stay abreast of all changes and updates related to the SID visa and other relevant legislation. We provide employers with timely advice and guidance to ensure they remain compliant and adapt to any changes in the visa program.

 

Managing Complex Cases:

Our immigration professionals are skilled in handling complex cases, including those involving unique circumstances or challenges. They advocate for employers and sponsored workers, providing strategic advice and representation in dealings with the Department of Home Affairs.

By engaging our amazing team at AHWC Immigration Law, employers can effectively prepare for the SID visa, ensuring a smooth transition and maximise your chances of successfully sponsoring skilled workers to meet your workforce needs.

Our proactive approach can save time, resources, and potential legal complications in the long run.