Temporary Skills Shortage (TSS) Visa .v. the New Skills in Demand (SID) Visa

On December 7, 2024, the Australian Government introduced the Skills in Demand (SID) visa, a replacement for the Temporary Skill Shortage (TSS) visa. This significant shift raises questions for current TSS visa holders and new applicants about what the new SID visa means for them and how they can navigate this change in legislation and policy.

What is the Skills in Demand (SID) Visa?

The SID visa was designed to address Australia’s evolving labour market needs by providing a more streamlined process for workers in high-demand fields. This visa opens pathways for skilled workers to contribute to the economy while enjoying greater flexibility in employment.

TSS to SID Visa

New visa applicants and existing TSS visa holders whose visas are due to expire and require a further subclass 482 visa may qualify to transition to the new SID visa under specific circumstances. These include:

1. Core Skills Stream
If your current occupation appears on the Core Skills Occupation List (CSOL), you can obtain a further visa or even switch employers within this stream. This flexibility ensures workers in essential roles can continue contributing to the workforce without unnecessary barriers.

2. Specialist Skills Stream
TSS visa holders earning an income above the Specialist Skills stream threshold of AU $135,000+ are eligible to transition seamlessly into this stream of the SID visa. High-income earners in niche roles are prioritized under this provision.

Limited Mobility for Some TSS Visa Holders

Unfortunately, not all visa applicants and TSS visa holders will find the transition straightforward. If your occupation doesn’t align with the CSOL or meet the Specialist Skills stream income threshold, your options become limited. In these cases, visa holders must:

• Seek a New Eligible Role: Find employment in a position listed on the CSOL that meets the income threshold and your skillset.
• Explore Alternative Pathways: Consider applying for other visas or reviewing different immigration options.
• Prepare for Departure: If no viable options are available, leaving Australia might be the only choice.

How to Navigate the Transition

To ensure a smooth pathway through this potential minefield, here are some actionable steps:

1. Review Your Occupation: Verify if your current role is listed on the CSOL or qualifies under the Specialist Skills stream.
2. Consult a Migration Expert: Professional advice can help clarify your options and streamline the application process.
3. Stay Informed: Keep track of updates from the Australian Government regarding immigration policies and requirements.

Final Thoughts

The introduction of the SID visa marks a pivotal moment for skilled workers in Australia. While the new provisions offer exciting opportunities, they also present challenges for some existing TSS visa holders. By understanding your eligibility and exploring your options, you can navigate this legislation change with confidence.

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Disclaimer: Changes to the Australian immigration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of publication.

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