One of the 8 keys actions forming part of Australia's new Migration Strategy announced by the government in December 2023 relates to a new visa category known as a Skills in Demand visa. This new visa will replace the Temporary Skills Shortage visa. The commitment to develop this new visa envisages its holders having full mobility in terms of their employment parameters and a clear pathway to permanent residence.
As a migration law adviser, I say hallelujah, and it's about time. For far too long, there has been uncertainty for applicants and visa holders in the temporary visa regime about the possibility of them eventually becoming permanent residents of this country.
Employers and industry group leaders have an opportunity now, to provide feedback on the core skills occupations list by participating in a survey being administered by Jobs and Skills Australia. Further information and a survey link are provided below.
What we know about the proposed Skills in Demand visa
- It will be granted for up to 4 years;
- It will replace the current Temporary Skill Shortage visa;
- There will be three pathways available – Specialist Skills, Core Skills and Essential Skills depending on annual earnings and occupation;
- It will allow the visa holder to switch employers/jobs more easily;
- It will provide the visa holder with more time to find another sponsor if their employment with the original sponsor ceases, and they can work during that time – a period of 180 days;
- It will provide a pathway to permanent residence, which will include an option independent of any employer;
- Employers may not have to pay all fees associated with sponsoring workers upfront, which is likely to get more employers offering sponsorship;
- Applications should be assessed and finalised quickly;
- A public register of approved sponsors will be developed.
What we don't know... yet
As with everything, the devil is in the detail. Until such times as the Migration Regulations 1994 are amended to include this new visa category and policy around the criteria is developed, specifics are unknown.
Timeline for commencement
It is envisaged that the new visa will be open to applicants late in 2024.
As always, things could change between now and then, and the published legislation will determine how effective this new visa category actually becomes in targeting temporary workers to address Australia's dire need for skilled, semi-skilled and unskilled workers across all industries and sectors.
Core skills occupations list
Jobs and Skills Australia has the unenviable job of putting together the list of core skills occupations. One of the criteria for the Skills in Demand visa's core skills pathway will be to nominate an occupation from this list which matches the job the visa holder will be required to perform.
Their stakeholder consultation process is now underway. Having dealt with many employers crying out for skilled workers within their businesses/industries in occupations which haven't previously been covered by any historical occupation list, now is the time to have your say.
You can complete a survey, prepare a submission or do both to inform this labour market analysis project. Go to Draft Core Skills Occupations List (CSOL) for Consultation | Jobs and Skills Australia
Three draft lists have been created for review. One includes occupations that Jobs and Skills Australia are confident will be on the list, another for those that will likely not be included and yet another for those occupations that are undecided at this stage.
Of course, the final decision as to which occupations make the cut and which don't will fall on the Minister for Immigration, Citizenship and Multicultural Affairs.
Migration agent assistance
Until this new Skills and Demand visa becomes available, many migrant workers will be on a Temporary Skills Shortage visa. If you're having any difficulties in relation this visa, or any other visa and migration issues, our registered migration agent can assist.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.