As of 7 December 2024, the Skills in Demand (SID) Visa has replaced the Temporary Skills Shortage (TSS) visa. Below is a quick guide to help employers navigate the process.
Step 1: Ensure Eligibility to Become a Sponsor
Before sponsoring a worker, confirm your business meets the following requirements:
– Be an approved business sponsor or have applied for standard business sponsorship approval.
– Demonstrate that you operate legally in Australia and meet training benchmarks.
– Ensure compliance with workplace laws and obligations.
Step 2: Identify a Suitable Occupation
The position you are nominating must:
– Be listed on the new Core Skills Occupation List (CSOL).
– Require skills and experience aligned with the nominated occupation.
Step 3: Nominate the Position
To nominate a position under the Skills in Demand (SID) Visa’s Core Skills Stream, you must submit a SID Nomination application that includes the following:
Job Details: Provide a detailed job description and outline the required skills.
Labour Market Testing: Unless exemptions apply, submit evidence that the position cannot be filled by an Australian worker. Employers must provide evidence of recruitment efforts, such as job advertisements and interview outcomes.
The advertising must meet specific criteria prescribed by the migration regulations in the Australian Migration Act.
Details of the Nominee: Include information about the overseas worker, such as their qualifications and experience.
Salary Requirements: Ensure the nominated salary meets the Temporary Skilled Migration Income Threshold (TSMIT), which is AUD 73,150 as of 1 July 2024. The salary must either meet or exceed this threshold or align with the Annual Market Salary Rate (AMSR) for the role, whichever is higher. The AMSR reflects the typical salary for an Australian worker in the same position and location.
Skilling Australians Fund (SAF) Levy: Pay the mandatory SAF levy, which supports the training and development of the Australian workforce. The amount payable depends on the business’s annual turnover and the proposed duration of the nominee’s employment: Small businesses (annual turnover less than $10 million): AUD 1,200 per nominee, per year or part thereof. Large businesses (annual turnover of $10 million or more): AUD 1,800 per nominee, per year or part thereof.
Step 4: Check the Overseas Worker’s Eligibility
Ensure the overseas worker meets the following requirements:
– At least 1 year of relevant work experience (post qualification) in their nominated occupation or a related field.
– A positive skills assessment (if required for their occupation).
– Meet English language proficiency standards, unless exempt.
– Hold appropriate health insurance and meet health and character requirements.
– Have no outstanding debts to the Australian government.
Step 5: Submit the Visa Application
– Cost: AUD3,115.00 for the main applicant, AUD780.00 for dependants under 18, and AUD3,115.00 for dependants 18 and over.
– Processing Times: Vary based on case complexity. According to the information as at 23 December 2024, the Department is committed to processing SID applications within 7 to 21 days
Step 6: Meet Ongoing Sponsorship Obligations
Once the visa is granted, you must comply with the following:
– Ensure the worker begins employment within the required period of visa grant.
– Monitor that they only work in their nominated occupation and for your business.
– Keep records to demonstrate compliance with sponsorship obligations.
– Pay the worker at least the Temporary Skilled Migration Income Threshold (TSMIT).
Step 7: Apply for Permanent Residence if Eligible
If the worker and employer wish to transition to permanent residence:
– Check eligibility for the Employer Nomination Scheme (subclass 186).
– Submit a new nomination and visa application under the relevant stream.
If you need assistance with nominating an overseas worker, book an Employer Sponsorship Migration Consultation with Heenan & Browne Visa and Migration Services. Our experienced team of Registered Migration Agents will conduct a detailed assessment to evaluate your business’s eligibility to meet sponsorship requirements. Let us guide you through the process with expert advice tailored to your needs.
