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The Skills in Demand (SID) visa enables employers to address labour shortages in specific occupations by nominating eligible skilled workers for a temporary work visa in instances where an appropriate skilled Australian worker cannot be sourced locally.

Analogous to the previously available subclass 457 and Temporary Skills Shortage (TSS) subclass 482 visa schemes, the SID visa allows employers to nominate a worker under one of three streams: the Core Skills Stream, the Specialist Skills Stream, or the Labour Agreement Stream.

Employers can be either:

  • Australian organisations (including but not limited to individuals, partnerships, and government authorities operating businesses)
  • Overseas organisations

The process involves:

  • The employer applies for or holds a current Standard Business Sponsorship (SBS) agreement with the Department of Home Affairs. Certain employers can secure accredited sponsor status, which provides benefits, including priority processing of applications.
  • The employer nominates their proposed worker and occupation, by lodging a nomination application. For nomination approval, the employer must demonstrate that the position matches an eligible occupation and will attract a prescribed minimum annual salary (discussed further below). A signed employment agreement consistent with Australian workplace laws and National Employment Standards is also necessary. It may also be necessary for the employer to complete prescribed Labour Market Testing (LMT). In limited cases, the worker can be hired as an independent contractor rather than as an employee.
  • The nominated worker lodges a 482 SID visa application. In some cases, this may not be not required if the worker holds a primary subclass 482 visa already. For visa approval, the worker will need to show that they meet a number or criteria, including prescribed skills, work experience, English, health and character requirements.
  • Employers may nominate a worker for a visa for up to 4 years (or 5 years if the worker is a Hong Kong passport holder).

SID Core Skills Stream

The SID Core Skills Stream is designed to attract the skilled workers that Australia needs now and in the future. It is designed with a clear pathway to permanent residence and, under certain circumstances, permits mobility between sponsors.

SID Core Skills Stream requirements of this visa stream include that:

  • The position offered to the employee must align with an eligible occupation listed on the Core Skills Occupation List (CSOL)
  • The nominated employee must be paid at the Annual Market Salary Rate (AMRS) and no less than the Core Skills Income Threshold (CSIT), currently AUD76,515 (excluding superannuation)
  • The nominated employee must have at least 1 year of full-time relevant work experience in the last 5 years in the nominated occupation or a related field
  • The nominated employee must have relevant qualifications (or equivalent). Alternatively, they must have a relevant skills assessment, if this is mandatory for the nominated occupation
  • Unless exempt, the nominated employee work only for their sponsor or associated entity
  • The nominated employee must meet minimum standards of English language proficiency

SID Specialist Skills Stream

The SID Specialist Skills Stream is designed to attract highly skilled workers who will drive innovation and bring significant economic benefits to Australia. It is designed with a clear pathway to permanent residence and, under certain circumstances, permits mobility between sponsors.

SID Specialist Skills Stream requirements of this visa stream include that:

  • The position being offered to the employee must be in an occupation listed within the Major Groups 1, 2, 4, 5 and 6 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO) occupation list
  • The nominated employee must be paid at least the Specialist Skills Income Threshold (SSIT), currently AUD141,210 (excluding superannuation)
  • The nominated employee must have at least 1 year of full-time relevant work experience in the last 5 years in the nominated occupation or a related field
  • The nominated employee must have relevant qualifications (or equivalent). Alternatively, they must have a relevant skills assessment, if this is mandatory for the nominated occupation
  • Unless exempt, the nominated employee work only for their sponsor or associated entity
  • The nominated employee must meet minimum standards of English language proficiency

Labour Market Testing (LMT)

In most cases, employers will need to demonstrate that they have met prescribed LMT requirements, prior to lodging a 482 nomination application.

Please click here to view LMT requirements.

Employers may be exempt from LMT requirements in some instances, for instance where an International Trade Obligation (ITO) applies or where alternative arrangements to LMT are permitted. For exemptions, please see:

https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-market-testing

Sponsor requirements

Please follow this link for information on becoming a Standard Business Sponsor for SID 482 visas and the associated obligations.

SID Labour Agreement Stream

As an alternative to the standard business sponsorship agreement, a Labour Agreement is a formal arrangement that allows an eligible employer to sponsor, nominate and recruit workers. This scheme allows for the grant of temporary Skills in Demand (SID) 482 visas and in certain cases a transition to permanent residency.

Labour agreements are developed between the Australian Government (represented by the Department of Home Affairs) and employers. VLA has experience in securing these agreements for employers and their nominated employees.

An employer may consider this option in the following cases:

Where position does not match an eligible occupation under the Core Skills or Specialist Skills Streams; concessions are sought for English, salary, and workers requiring an age exemption for future Employee Nomination Scheme subclass 186 visas.

How we can help

We provide comprehensive support in relation to sponsorship, nomination and visa applications, to assist the employer and worker to meet legal and Department of Home Affairs requirements. This extends to providing assistance with Labour Agreement applications.
Our professional services include:

  • Advising on criteria required for approval of the applications
  • Devising the most appropriate strategy, having regard to the employer’s and the worker’s background and needs
  • Identifying and managing risks associated with the applications
  • Providing guidance in relation to Labour Market Testing (LMT) criteria
  • Preparing the sponsorship or Labour Agreement, nomination and visa applications
  • Assisting the employer and the worker to obtain all necessary supporting documents
  • Advising on and assisting with the preparation of the employment offer and contract to satisfy immigration requirements
  • Communicating with the Immigration Department on behalf of the employer and the worker until a decision is received

To discuss how we can assist you with advice, and well as in preparing and lodging sponsorship, SID nomination and visa applications, as well as Labour Agreement applications, for your existing or potential workers under the 482 visa scheme, please click here to contact Visa Lawyers Australia.