Skills in Demand (SID) Visa (Subclass 482)

The SID visa, enables employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian

On 7 December 2024 there were some significant changes to the subclass 482 visa. The old Temporary Skills Shortage (TSS) visa has been replaced with the new Skills in Demand (SID) visa.

The new SID has three streams:

  1. The Core Skills Stream which requires you to have an occupation on the Core Skills Occupation List (which is largely the same as the previous skilled occupation list) and the distinction between “short term” and “medium long term” lists no longer exists;
  2. The Specialist Skills Stream which requires you to have an occupation in Groups 3, 7 or 8 of ANZSCO;
  3. The Labour Market Agreement stream which remains unchanged.

Both Core Skills and Specialist Skills are subject to a minimum salary threshold. The threshold for the Specialist Skills Stream is significantly higher. The new visa also opens up the pathway to permanent residence for all 482 visa holders.

There are still three steps in the process: (a) the employer has to be an approved sponsor; (b) there has to be a nomination; and (c) the visa application itself. I will deal with these steps in outline form below.

Transitional Provisions

There are often “transitional provisions” in operation when new laws come into effect. The transition from TSS to SID should be relatively straightforward. Things may be more complex if you have a decision pending for a TSS or have a review on foot under the old law, I can advise you on how the transitional provisions operate.

STEP 1 – SPONSORSHIP

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Accreditation

A person can apply to become an ‘Accredited Sponsor’ as part of their application for sponsorship approval. Accredited sponsors will receive priority processing of their nomination and visa applications. To qualify for accreditation, a sponsor (apart from a government agency) must meet one of the following:

  1. Be a “trusted trader”; or
  2.  Low risk sponsor with low volume usage and a high percentage of Australian workers; or
  3. Low risk sponsor with high volume usage and a medium percentage of Australian workers.

STEP 2: NOMINATION

The TSS nomination procedure is generally straightforward. The issues which are most likely to cause problems (especially for smaller businesses) are: (a) labour market testing; (b) the determination of the salary (see AMSR below); and (c) the imposition of a training levy.

Labour Market Testing (LMT)

Evidence of attempts to recruit a local person must be demonstrated in the 6 months prior to the nomination.  Information about the cost of the advertising has to be provided. Advertisements must comply with the legislative instrument. There are some exceptions to LMT if international trade obligations apply. LMT is probably not necessary if the nominee is a citizen of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam, Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.

Training Levy

The old “training benchmarks” were hard to administer and have been replaced a “Skilling Australians Fund” levy. The levy will come into force in the second half of 2018. For businesses with turnover less than $10M, the levy will be $1,800 per year for a nomination relating to a temporary visa.

Salary Threshold

The former TSMIT has been replaced with the Core Skills Income Threshold which is (in March 2025) $76,515. The Specialist Skills Income Threshold is (in March 2025) $141,210. Both of those thresholds are indexed annually. This means that if the salary paid to a 482 visa holder has to be no less than the AMSR (next section) and the CSIT (or SSIT).

Determining the AMSR

It is the responsibility of the Sponsor to determine the Annual Market Salary Rate (AMSR) in accordance with  IMMI 18/033: Specification of income threshold and annual earnings and methodology of annual market salary rate. This is complicated and I have attempted to summarise the requirements in the chart.

STEP 3: VISA APPLICATION

You can apply for a subclass 482 visa if you:

  • have been nominated by an employer to work in Australia under standard business sponsorship and you have been advised by that employer to apply for your visa; or
  • are a member of the family unit of a primary visa applicant who is seeking to be granted a subclass 482 visa on the basis that they meet the primary visa requirements.

Visa requirements

To be granted a subclass 482 visa under the standard business sponsor stream you must demonstrate, among other things, that:

  • both you and the occupation specified in your visa application are the subject of an approved nomination which has not ceased to be in effect
  • you have the necessary skills and experience to perform the occupation (and completed any skills assessment required). This may also include relevant licensing and registration if required for the position
  • you meet the English language proficiency requirement (unless you are exempt) – English language requirements
  • meet health and character requirements
Health Insurance - 8501
It is a requirement that TSS visa applicants have adequate health insurance (and this is a requirement that must be met before the visa is granted).

Condition 8501 requires subclass 482 visa holders to maintain adequate arrangements for health insurance while in Australia

Work Restrictions - 8607
This condition applies to all primary TSS visa holders. You must:

  • only work for the approved sponsor
  • only work in your nominated skilled occupation
  • start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
  • not cease employment with your approved sponsor for a period of more than 60 consecutive days
  • obtain any mandatory licence, registration or membership.
Changing Employers
If you have been already granted a TSS visa and you want to change your employer, you are not required to apply for a new visa. Before you start working for a new employer, however, you must be nominated by your proposed new employer (who must also be an approved business sponsor) and have that nomination approved first.