What is the purpose of the recent Skills in Demand migration amendment?
The migration amendment aims to introduce changes to migration regulations in 2024. These modifications typically address policy updates, visa requirements, and migration processes to align with current migration trends, legal frameworks, or government objectives regarding immigration and settlement.
The Migration Amendment (2024 Measures No. 1) Regulations 2024 mark a significant overhaul in Australia’s temporary and permanent skilled migration system, aligning with the federal government’s roadmap for reform, as outlined in the Migration Strategy of December 2023. These regulations focus on introducing the new Subclass 482 Skills in Demand (SID) visa, replacing the Temporary Skill Shortage (TSS) visa, and providing pathways to permanent residency for skilled workers and their family members, including those with a protection visa application.
Key Features of the Migration Amendment Regulations
Introduction of the Subclass 482 Skills in Demand (SID) Visa
Replaces the Temporary Skill Shortage visa.
Reduces the minimum relevant work experience requirement from two years to one year within the past five years.
Streamlined pathways to permanent residence through the Employer Nomination Scheme (Subclass 186).
Three Streams Under the SID Visa
Specialist Skills Stream: For high-earning professionals (annual salary ≥ $135,000).
Core Skills Stream: Occupations identified as being in national shortage with an annual salary threshold of $73,150.
Labour Agreement Stream: Continuation of existing labour agreement settings (note that an Essential Skills Pathway is in development).
Labour Mobility Enhancements
Extended timeframes for SID visa holders to change employers, ensuring greater flexibility and protection for migrant workers.
Ability to count periods of employment with other employers.
Income Threshold Indexation
Annual adjustments based on Average Weekly Ordinary Time Earnings (AWOTE).
Enhanced Sponsorship Obligations
Adjustments to sponsorship frameworks to reflect new mobility rights and ensure employer accountability.
Pathways to Permanent Residency
The reforms aim to better align Australia's skilled migration system with evolving labour market needs. Employers benefit from streamlined processes to attract global talent in key industries, such as healthcare, cybersecurity, and education. Meanwhile, skilled migrants gain clear pathways to permanent residency, fostering long-term economic and social contributions.
Addressing Human Rights and Economic Objectives with the Human Rights Law Centre's guidance.
The amendments are designed to ensure compliance with international human rights standards, including fair treatment and protection against exploitation. By maintaining wage parity and facilitating skilled worker integration, the regulations promote equity while addressing critical skills shortages.
Challenges and Considerations
Employers and migration agents will need to familiarize themselves with new income thresholds and sponsorship criteria.
The shift from the Temporary Skill Shortage visa to the SID visa may require transitional adjustments for existing visa holders.
Conclusion
The Migration Amendment (2024 Measures No. 1) Regulations 2024 represent a transformative step in Australia's approach to skilled migration. By prioritizing economic needs and the equitable opportunities under the oversight of the immigration minister, these reforms aim to position Australia as a leading destination for global talent while ensuring long-term societal benefits, especially given the legislative context in the House of Representatives.
⚖️ Migration Lawyer Ceren Guney +61 448 412 210
📚 Registered Migration Agent Feriha Guney MARN 0960690 +61 477 524 039
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Disclaimer:
This information is for general understanding only and does not constitute legal advice. For specific advice tailored to your situation, consult a registered migration agent or legal professional.
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