Australia has introduced significant updates to its immigration policies, reshaping pathways for skilled migrants and employers. Central to these changes are the Core Skills Occupation List (CSOL) and the Skills in Demand (SID) visa (Subclass 482). These reforms aim to streamline the immigration process, addressing workforce shortages while promoting economic growth and worker mobility.
Key Highlights of the Skills in Demand (SID) Visa (Subclass 482)
The SID visa replaces the Temporary Skill Shortage (TSS) visa and introduces three distinct streams:
- Specialist Skills Stream: For applicants earning an income threshold of $135,000 or more in any ANZSCO occupation, excluding those in Major Groups 3, 7, and 8 (trade workers, machinery operators, and laborers). This new stream, unavailable under the TSS visa, acknowledges the economic benefits brought by highly skilled migrants and ensures streamlined processing for these critical roles.
- Core Skills Stream: For applicants earning an income threshold of $73,150 (aligned with the Temporary Skilled Migration Income Threshold or TSMIT) in occupations listed on the Core Skills Occupation List (CSOL). Certain occupations excluded from the CSOL may qualify under the Specialist Skills Stream (if income requirements are met) or the Labour Agreement Stream. These applicants may also explore other visa pathways, including permanent residency options.
- Labour Agreement Stream: This stream retains settings from the TSS visa and continues to serve regional and industry-specific agreements. It ensures flexibility while further development of the proposed Essential Skills Stream takes place.
Additionally, the minimum work experience requirement has been reduced to one year of full-time employment (or equivalent part-time or casual work) within the five years preceding the application. Both the Specialist Skills and Core Skills income thresholds will be indexed annually on 1 July, with updates published on the Department’s website.
The SID visa promotes worker mobility and simplifies processes for employers, ensuring they can access the skilled workers necessary to drive business growth.
Does the CSOL Apply to General Skilled Migration (GSM)?
No, the CSOL does not apply to General Skilled Migration (GSM) visas such as Subclass 189, 190, or 491. Instead, GSM visas rely on separate lists, including the Medium and Long-Term Strategic Skills List (MLTSSL) and the Short-Term Skilled Occupation List (STSOL), which cater to independent skilled migration pathways.
Fast-Track Processing Times
- Core Skills Stream: 21-day service level agreement for complete applications.
- Specialist Skills Stream: Priority 7-day processing.
These expedited timelines reflect Australia’s commitment to addressing employer demands efficiently.
What’s New in the Core Skills Occupation List (CSOL)?
Replacing the STSOL, MLTSSL, and ROL, the CSOL modernizes skilled migration with 456 occupations, including:
- Cyber Security Analyst (ANZSCO: 262116)
- Dental Prosthetist (ANZSCO: 411212)
- Animal Husbandry Technician (ANZSCO: 311113)
- Data Scientist (ANZSCO: 224115)
- DevOps Engineer (ANZSCO: 261316)
- Child Care Worker (ANZSCO: 421111)
While reducing 125 occupations, the CSOL enhances pathways to permanent residency with 189 newly eligible occupations under the Subclass 186 Temporary Residence Transition (TRT) stream.
Caveat Updates
- New Caveat 16: Applies to the occupation “Hospitality, Retail and Service Managers nec” (ANZSCO code 149999). Caveat 16 explicitly excludes positions that involve roles as a brothel keeper. This legal restriction ensures the scope of the occupation aligns with regulatory and ethical employment practices.
Caveat 14 Clarification
The Department of Home Affairs has provided detailed clarification regarding the interpretation and application of Caveat 14 for occupations under the Skills in Demand (SID) visa (Subclass 482) and Employer Nomination Scheme (ENS) visa (Subclass 186) Direct Entry stream:
- Definition: Caveat 14 states: “The position is not provided for under an International Trade Obligation.” This indicates that the occupation is included on the CSOL due to a commitment under an International Trade Obligation (ITO).
- Chef Applications: The Department clarified that applications for Chefs are not restricted by nationality under ITO provisions. Although this caveat may be read as restricting Chef applications to certain nationalities, this is not the intent. The Department plans to amend the instrument to clarify this as a priority. In the meantime, Chef applications will not be refused or prevented based on nationality.
- Continued Application: Caveat 14 continues to apply to the following occupations:
- Private Tutors and Teachers nec
- Traditional Chinese Medicine Practitioner
- Other Sports Coach or Instructor (Wushu Martial Arts Coach or Yoga Instructor Only)
Caveat 14 applies to these roles because:
- Skill Level 4 Occupations: For roles such as Wushu Martial Arts Coach and Yoga Instructor, which are Skill Level 4 occupations, they would not typically qualify for inclusion on the CSOL.
- Labor Market and Stakeholder Analysis: For Private Tutors and Teachers nec and Traditional Chinese Medicine Practitioner, their inclusion on the CSOL was not supported by labor market analysis or stakeholder feedback conducted by Jobs and Skills Australia (JSA).
Revised English Language Requirements for Skills in Demand (SID) Visa
The Migration (Language Test Requirements for Subclass 482 Visa) Instrument 2024 repeals IMMI 18/032 and specifies the English language test requirements for applicants under both the Specialist Skills stream and Core Skills stream of the SID visa. These requirements are identical to those previously applied to the Medium-Term stream of the Temporary Skill Shortage (TSS) visa.
- Test Scores: An IELTS score of level 5 overall, with a minimum of 5 in each component, or equivalent scores in other approved tests.
- Approved Tests: IELTS, OET, TOEFL iBT, PTE Academic, and Cambridge English: Advanced.
- Validity: Test results must be obtained in a single attempt and cannot be older than three years at the time of application submission.
- Exemptions: Include citizens of Canada, New Zealand, Ireland, the UK, and the USA, as well as applicants with five years of full-time study in English or those earning at least AUD 96,400 annually with a standard business sponsor.
These consistent and practical requirements ensure that applicants meet language standards aligned with Australia’s skilled migration objectives.
Updated Financial Capacity Requirements for Sponsors
Employers must demonstrate financial capacity using documents such as profit and loss statements or contracts, ensuring they can meet salary obligations.
Enhanced Worker Flexibility
- Casual Work Allowed: 482 visa holders can engage in casual employment during the six-month grace period while seeking a new sponsor.
- Streamlined Sponsor Obligations: Employers are no longer required to ensure visa holders work exclusively in nominated roles after employment ends.
Self-Sponsorship for Skills in Demand (SID) Visa
Self-sponsorship is still possible under the Skills in Demand (SID) visa. However, it is considered a high-risk approach. While no changes have been made to policy in this area, self-sponsorship applications require meticulous preparation to demonstrate compliance with all legal and regulatory requirements.
Skilling Australia Fund (SAF) Levy Refunds
Refund provisions for the SAF Levy remain unchanged, with refunds available in limited scenarios, such as visa refusals within 12 months.
Pathways for Occupations Removed from CSOL
Applicants in occupations removed from the CSOL can still transition to permanent residency via the 186 TRT stream if they meet salary and work experience criteria.
The Big Picture: A Seamless Pathway for Skilled Migrants
The introduction of the SID visa framework underscores Australia’s commitment to a simplified, globally competitive immigration system. The reforms balance rigorous standards with practical flexibility, offering employers efficient access to skilled talent while opening new pathways for migrants seeking permanent residency.
Why Choose Augustine & Co. Immigration Lawyers?
Navigating these comprehensive changes requires expert guidance. At Augustine & Co. Immigration Lawyers, we specialize in cutting-edge migration strategies tailored to your unique needs. Whether you’re an employer seeking top talent or a skilled professional aiming for Australia, our team ensures a seamless, stress-free experience. Contact us today to secure your future in Australia’s evolving migration landscape.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
