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Upcoming Immigration Changes 2025

Core Skills List (CSOL), Skills in Demand (SID) and National Innovation visa (NIV) 

As Australia strives to maintain its position as a global leader in skilled migration, the federal government has announced a series of significant immigration reforms for 2025. These changes are designed to address workforce shortages, promote regional development, and enhance the overall integrity of the immigration system. Here’s a breakdown of the key updates and what they mean for migrants, employers, and students.

The Australian Government announced the release of the Core Skills Occupation List (CSOL).

The new CSOL fulfils the Government’s commitment to replace complex, out of date and inflexible occupation lists in our temporary skilled visa program. The CSOL is a single consolidated list, informed by labour market analysis and stakeholder consultations by Jobs and Skills Australia (JSA) that provides access to temporary skilled migration for 456 occupations.

The CSOL will apply to the Core Skills stream of the new Skills in Demand visa, which will replace the Temporary Skill Shortage (subclass 482) visa on 7 December 2024. The CSOL will also apply to the Direct Entry stream of the permanent Employer Nomination Scheme (subclass 186) visa.

National Innovation visa (SC858)

Skills in Demand (SID visa (Sc 482) Specialist Skills stream  
National Innovation visa (NIV) (Sc 858)
Applicant profile Highly skilled, earning at least $135,000, with an employer sponsor Internationally recognised record of exceptional talent, prominent in their field
 Visa length Up to 4 years (with pathway to permanent residency) Direct to permanent residence
 Sponsorship requirement  Must have an approved sponsor  Must be nominated via approved form 1000
 English  Competent English  Functional English or pay second VAC
 Age  Any age (PR requirements are separate)  Any age
 Occupation restrictions  Almost any occupation except trades workers, machinery operators and drivers, and labourers  No occupation restrictions
 Grants each program year  Demand driven  Planned program and must be invited to apply



Skills in Demand (SID SC482)

We provide a summary of the latest Australian immigration updates including more details on the introduction of the Skills in Demand (SID) visa, which came into effect on 7 December 2024. The SID visa has replaced the current Temporary Skill Shortage (TSS) (Subclass 482) visa.

The is part of the new Migration Strategy, which is intended to support sustainable immigration levels.

TSS visa applications that were not submitted before 7 December 2024, will need to be reassessed and submitted under the new SID visa requirements, which may extend visa preparation times and ultimately, impact start dates. For employers wishing to bring in foreign national employees expeditiously, this could pose challenges.

It is recommended that employers consult with their immigration advisers to consider their options when planning commencement dates for sponsored visa holders in Australia. Sponsors may also wish to review their subclass 482 visa-holder population to identify TSS visa holders who no longer have their nominated occupation on the CSOL, so they can proactively plan ahead should their visa require renewal.

Under the Employer Nomination Scheme, the changes will mean greater flexibility for members of the family over the age of 23 years of the Subclass 186 visa applicants.

And it is important to note that current TSS visa holders who work in an occupation that is not on the CSOL will still have a pathway to permanent residence subject to meeting relevant eligibility criteria.

Existing TSS 482 visa holders will have the ability to submit a new application with a new employer, if their current occupation is on the CSOL or the nomination meets the income threshold for the Specialist Skills stream. If the relevant occupation is not on the CSOL or does not qualify for the Specialist Skills stream, the applicant will not have a pathway to changing employer. These individuals will be able to utilise the strengthened mobility provisions to find work in a new occupation or for a new employer, apply for another visa, or depart Australia.

On 3 December 2024, the government announced that the SID visa will be introduced on 7 December 2024.2 In the same announcement, the government announced the release of the Core Skills Occupation List (CSOL).

Effective from 7 December 2024, the SID visa includes three streams. The three streams have the following common characteristics:

  • The visa can be granted for up to four years.
  • The visa subclass will remain as ‘Subclass 482’.
  • No change to market salary rate requirements.
  • Reduction of work experience requirement: The minimum relevant work experience requirement for the SID visa has been reduced from two years full time at a skilled level to one year full time (or equivalent part time/casual) at a skilled level within the five years preceding the visa application.
  • There are 14 occupational caveats that apply. Whilst the caveats are listed in the CSOL, they apply to all streams under the SID visa.
  • English-language requirement: The English requirements of the TSS medium-term stream will apply, which is an IELTS score (or equivalent) of level five (5) overall, with a minimum score of five (5) in each component. The approved English-language tests, the period of time in which the required test scores must be obtained, and the applicants that are exempt from the requirement to undertake English-language tests, are identical to the requirements that previously applied to the TSS visa.
  • Children born in Australia to a SID visa holder, or current TSS visa holder, are automatically granted a SID visa by operation of law upon birth, if they do not acquire Australian citizenship through the other parent being an Australian citizen or permanent resident. However, the birth of the child will still need to be registered with the Department of Home Affairs.
  • The Skilling Australians Fund Levy will continue to apply (fees remain unchanged)
  • SID visa lodgement fees will align with the TSS fees under the medium-term stream
Stream#
Core Skills
Specialist Skills
Salary threshold* AUD73,150

Core Skills Income Threshold (CSIT)

AUD135,000

Specialist Skills Income Threshold (SSIT)

Market salary rate Pay at least annual market salary rate which must be at least CSIT Pay at least annual market salary rate which must be at least SSIT
Financial Capacity Business must have the capacity to employ the nominee for at least the period of the nomination and to pay the person at least the market salary rate for the occupation each year
Labour Market Testing No change to date
Occupation CSOL Does not need to be on CSOL but must be an ANZSCO occupation in Major Group 1, 2, 4, 5 or 6. Trades, machinery operators, drivers, and labourers excluded
Caveats Applicable Applicable if nominated occupation is listed on CSOL
Work experience At time of application, 12 months equivalent full-time work experience in the last 5 years, casual, part-time, and full-time work included
English Equivalent to at least IELTS 5 in each test component (same as previous TSS Medium-term stream)
Visa period Up to 4 years
Visa conditions No change No change
Processing priority To be advised To be advised
SAF Levy No change
Nomination application charge No change
Visa application charges (i)AUD3115 Primary and secondary applicant 18 and over

(ii)AUD780 Secondary applicant under 18

#Labour Agreement stream carries over existing settings while further development of the Essential Skills stream takes place
*Annual earnings excluding non-monetary benefits. Salary thresholds to be indexed annually


Transitional Arrangements – Subclass 482 Visas

The government has confirmed that the amendments do not operate retrospectively. All nominations and visa applications for a TSS visa made before the commencement of the amendments will be processed using the requirements that were in force at the time that the application was made.

Where there is a lodged position nomination application for a TSS visa that was not accompanied by a corresponding TSS visa application before the amendments commenced, this nomination can be ‘linked’ to a new SID visa application (provided the nomination is still valid).

Transitional Arrangements – 186 Visas

The CSOL will also apply to the Direct Entry stream of the Subclass 186 visa (permanent residence under the Employer Nomination Scheme). The amendments will apply to new Subclass 186 nomination and visa applications lodged on or after the regulations commence.

Employer Sponsorship Obligations

The sponsorship obligation to make sure the primary sponsored person works or participates in the nominated occupation, program, or activity will end when the primary sponsored person ceases employment for the original sponsor, rather than when he or she obtains a new sponsor.

This aligns with provisions implemented on 1 July 2024, to enable visa holders who cease work with their sponsoring employers to have up to 180 days at a time (increased from 60 days) and a maximum of 365 days in total across their entire visa grant period to find a new sponsor, apply for a different visa, or depart Australia.

Pathway to Permanent Residence under the Employer Nomination Scheme

The TSS visa has historically been a pathway to permanent residence under the Employer Nomination Scheme and this will continue under the SID visa:

  • All SID visa holders have a pathway to permanent residence through the Temporary Residence Transition stream of the Subclass 186 Employer Nomination Scheme, after two years of employment in Australia in the three years immediately before the application. All periods of sponsored employment as a primary TSS/SID visa holder count towards this qualifying period. The two years can be with any employer (i.e., not just the sponsoring employer).
  • Salary requirements for the Subclass 186 visa under both the Temporary Residence Transition stream and Direct Entry streams will be linked to the SID visa salary requirements. This allows the Subclass 186 visa to use the core skills income threshold (which will be indexed annually).
  • Subclass 186 visa secondary applicants (family members) no longer need to be named in the nomination application as employers of Subclass 186 visa holders do not have any sponsorship obligations relating to family members.
  • Current TSS visa holders who work in an occupation that is not on the CSOL will still have a pathway to permanent residence, subject to meeting relevant eligibility criteria, through the Temporary Residence Transition stream of the Subclass 186 visa.
  • Greater flexibility will apply for a member of the family unit who is aged 23 years old and above to be included in, and granted, the Subclass 186 visa with the primary applicant if at the time of the Subclass 186 visa application:
    • the family member is included in the application for the Subclass 186 visa application visa; and
    • the person holds a Subclass 482 (Skills in Demand) visa granted on the basis that the person was a member of the family unit of a person holding a visa of the same kind.
Stream# Temporary Residence Transition Direct Entry

Occupation

Any occupation in which applicant has held 457/TSS/SID visa

Any CSOL occupation

Work experience threshold

Two years full-time work in the nominated occupation in Australia in the last three years while on a 457/TSS/SID visa

Not required to have only worked for nominating employer for that period and greater flexibility to cater for change of position such as promotion

Favourable skills assessment and three years’ experience in the nominated occupation – no change

Salary threshold* AUD73,150 – CSIT
Market salary rate Pay at least annual market salary rate – no change
Age Under 45 unless exempt – no change
SAF levy AUD5000 – no change
Nomination and

visa application charges

No change

#Labour Agreement stream carries over existing settings while further development takes place
*Annual earnings excluding non-monetary benefits. Salary thresholds to be indexed annually

Whilst certain occupations have been removed from the CSOL, the SID visa requirements overall provide greater flexibility to visa holders. However, as a result of the strengthened mobility provisions for visa holders and change to the Temporary Residence Transition stream qualifying period for permanent residence, employers will need to review their employee value proposition to retain sponsored visa holders in a competitive labour market given the investment involved in sponsoring foreign workers.


Migration Strategy: 8 Key Actions

Priority for allocating applications for the Sc 858 National innovation visa (NIV)

As per section 8 of MD 112 the order of priority for allocating applications for the Sc 858 National innovation visa (NIV) are the following:

  • Priority one- Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards. This includes but are not limited to Nobel Prizes; Breakthrough Prizes; Rousseeuw Prize; Eni Award; Institution of Electrical Engineers Medal of Honor; Fields Medal; Chern Medal; Abel Prize; L’Oreal-UNESCO Award for Women in Science; Turing Award; ACM Prize in Computing; Pulitzer Prize; International Booker Prize; International Tchaikovsky Competition Gold Medal; Olympic Gold Medal and Laureus World Sportsman or Sportswoman of the year.
  • Priority two- Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency.
  • Priority three- Candidates with exceptional and outstanding achievements in a Tier One sector:
    • Critical Technologies
    • Health Industries
    • Renewables and low emission technologies
  • Priority four – Candidates with exceptional and outstanding achievements in a Tier Two sector:
    • Agri-food and AgTech
    • Defence Capabilities and Space
    • Education
    • Financial Services and FinTech
    • Infrastructure and Transport
    • Resources

When assessing exceptional and outstanding achievement members should refer to s 9 of MD 112 which specifies that decision makers should have regard to a demonstration of multiple achievements, which may include but are not limited to:

  •  receipt of a national research grant in Australia or overseas indicating that the individual is ‘top of their field’ level talent, including from:
    •  the Australian Research Council; Department of Education Accelerator grants; or other similar level grants;
    • equivalent level grants from other countries, such as the United Kingdom research and Innovation Grants program; funding from the EU Commission; funding from the US National Science Foundation.
  • holding a PhD with high-levels of academic influence or thought leadership in their field, including:
    •  recent publications in top ranked journals, such as Nature, Lancet or Acta Numerica
    • a high h-index for their stage of career, for example an early career researcher with an h-index of 14
    • research-based degree from a top global university, for example ranked in top 100 World University Rankings by Times Higher Education
  • recent keynote appearance at a high-profile international conference, for example Web Summit, International Congress of Mathematicians, American Association for Cancer Research (AACR) Annual Meeting or International Geoscience and Remote Sensing Symposium.
  • having recognised intellectual property attributed to them, such as holding relevant international patents.
  • earning at or above the high income threshold (employment offer or current salary) where
    • there is written communication from an Australian employer offering employment in Australia with an annual salary equivalent to or higher than the high income threshold; or
    • the primary applicant’s current earnings is an amount equal or greater than the high income threshold

In considering exceptional and outstanding achievements for applications  under Priority 2 which are for candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency, decision makers should have regard to a broader range of achievements, which may include but are not limited to:

  • achievements listed in subsection 9(3) ( all of the above);
  • top of field level sports and arts awards
  • evidence of innovative business activities, such as Significant ‘Angel’ Investors with established track record of supporting successful innovative ventures, or having led internationally reputed companies to their Initial Public Offering;
  • evidence of promising entrepreneurial activities that will lead to the commercialisation of a product or service in Australia or the development of a business or enterprise in Australia, particularly where linked to State or Territory based start-up incubators;
  • actions by individuals that provide exceptional service to the Australian community, including outstanding work in establishing organisations that improve community cohesion or wellbeing of Australians;
  • other exceptional achievements in the context of the supporting agency’s strategic priorities.

Decision makers must also have regard to any other relevant information provided by the applicant (or information otherwise available to the decision maker) when assessing the applicant’s exceptional and outstanding achievements.

Application

The order of consideration specified in section 7 and section 8 of this Direction applies in relation to visa applications for a Subclass 858 visa:

  •  made on or after  6 December 2024 and
  •  made, but not finally determined, before 6 December 2024.  (NOTE: The order of consideration specified in section 8 MD 112 does not apply to applications that have been remitted by the AAT or ART for reconsideration and applications where the AAT or ART has set aside a decision and substituted a new decision)

Reform of Skilled Migration – The Points Test

The Skilled Migration Points Test was introduced through ‘Skill Select’ in 2012, and has not been materially altered since then.  Consultation is taking place to establish how the Points Test can be amended, to attract the best candidates to Australia.  This will apply to Skilled Visas – Subclasses 189, 190 and 491.

Highlights of 2024 – Australia immigration changes

Ending onshore visa hopping

The Minister for Home Affairs published a media release that announces further changes to the migration system that were articulated within the Migration Strategy. These changes are to stop what is referred to in the Migration Strategy and the media release as visa hopping where temporary visa holders continue to apply for further temporary visas onshore to extend their stay in Australia with little prospect of becoming permanent residents.

As a measure to restrict visa hopping the media release outlines the following changes to commence from 1 July 2024:

If you wish to discuss your migration matter, please do not hesitate to get in touch with our team today.

Related:

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Core Skills List (CSOL), Skills in Demand (SID) and National Innovation visa (NIV) available 7 December 2024

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Northern Territory – Nomination Requirements (2024-2025)

The post Upcoming Immigration Changes 2025 appeared first on Australian Migration Agents and Immigration Lawyers Melbourne | VisaEnvoy.

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