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National Innovation Visa (NIV) & Skills in Demand Visa (SID)

We’ve received numerous questions about the recent changes regarding the National Innovation Visa replacing the Global Talent Visa, as well as the Skills in Demand Visa replacing the Temporary Skill Shortage Visa. From evolving eligibility criteria to updated processing timelines, understanding these updates is crucial. Hopefully this list will help answer some of the more pressing questions you might have relating to the recent updates.

National Innovation Visa (NIV) & Global Talent (GTI) – Subclass 858

1. Will Global Talent applications continue to be processed?
Yes, lodged Global Talent Visa applications will continue to be processed.

2. What happens to GTI Expressions of Interest (EOIs) that were not invited?
Uninvited EOIs will not be carried forward. A new EOI must be submitted under the New National Innovation Visa (NIV) framework.

3. Will one year of angel investing qualify as a ‘track record’ under for the National Innovation Visa?
No, a sustained history of innovative investment is required. One year of investment is unlikely to meet this criterion.

4. Can organisations like Engineers Australia and Australian Computer Society nominate candidates for the National Innovation Visa (NIV)?
ACS has confirmed they cannot nominate under the new conditions. Confirmation from EA is still pending.

5. Is there a defined list of Commonwealth or State Government agencies that can nominate for the National Innovation Visa (NIV)?
No such list has been defined at this stage.

6. Is the National Innovation Visa (NIV) Entrepreneur Stream the only pathway for business migrant candidates?
As the Business Innovation and Investment Visa no longer exists, the most promising pathway for business owners is the National Innovation Visa as one of the targeted sectors are Entrepreneurs.

7. What is the expected turnaround time for EOI processing for NIV?
No specific timeline has been announced, but invitations will be distributed across the program year.

Skills in Demand (SID) Visa – Subclass 482

1. Can a visa be lodged if the nomination was made before 7th December 2024 but the occupation is now removed from the CSOL?
Yes, nominations made before this date are valid, even if the occupation has been removed from the CSOL.

2. Are nominations and visa applications lodged before 7th December 2024 still valid?
Yes, these will be assessed under the criteria applicable at the time of lodgement.

3. Can a visa application be lodged if the nomination is pending?
Yes, visa applications can be lodged before the nomination outcome is finalised.

4. Can a new Skills in Demand nomination be linked to an existing TSS 482 visa when changing employers?
Yes, this is how nomination transfers are processed.

5. Will pre-7 December 2024 nominations follow old experience requirements?
Yes, the assessment will adhere to the eligibility criteria in place at the time the nomination was lodged.

6. Can sponsors nominate a shorter period (e.g., 2 years) under the Skills in Demand program?
Yes, sponsors can choose a period up to 4 years, and financial capacity should match the nomination duration.

7. Are additional documents required to demonstrate financial capacity under the Skills in Demand Program?
Yes, evidence such as bank accounts, profit and loss statements, and cash flow records must demonstrate the sponsor’s ability to pay the nominee’s salary for the nomination period.

8. What are the updated processing times for SID visas?
The Specialist Skills stream aims for 7-day processing, while the Core Skills stream is targeting 21 days for decision-ready applications. Pre-7 December 2024 applications are being processed separately.

9. Do caveats apply to Skills in Demand applications?
Yes, caveats apply to streams where the occupation appears on the CSOL.

10. Can a Temporary Skill Shortage visa be re-lodged under the Skills in Demand program for faster processing?
Yes, but fees are non-refundable if applications are withdrawn.

11. Are Labour Market Testing (LMT) rules changing?
The validity remains at 4 months until amending legislation is passed.

12. Can contractors on ABNs use experience while working on an ABN to apply for the Skills in Demand subclass 482 visa?
Contractors are not recognised as sponsored workers unless exempt (e.g., medical practitioners or executives).

Changing Employers as the holder of a 482 visa

1. Do TSS/SID 482 visa holders need a new visa when changing employers?
No, unless the visa is expiring or there is a change of occupation.

2. What about 482 nomination transfers for occupations no longer on the CSOL?
Nominations can not be transferred if the occupation is no longer on the Core Skills Occupation List (CSOL) AND the applicants salary is below $135,000. If the applicants salary is above $135,000 and the occupation has been removed then the nomination transfer can be processed under the Specialist Skills Pathway.

3. Can Short-Term Stream 482 visa holders apply for a further 482 visa (in order to meet employment requirements for TRT) if their occupation has been removed from CSOL?
The occupation must be on the new CSOL to lodge a 482 application, except under the Specialist Skills stream. Applying for a new visa in a new occupation restarts the two-year requirement for TRT eligibility.

4. What happens if a 482-visa holder’s occupation is removed before they complete the two years for a 186 TRT?
If they hold a visa allowing them to meet the two years, they can proceed to applying for PR through the 186 Temporary Resident Transition Stream. Otherwise, they may need a new nomination for a different occupation which will then require the applicant to gain additional two years of employment in the new occupation.

Employer Nomination Scheme (ENS) – Subclass 186 Temporary Resident Transition Stream

1. Can a 186 TRT application be lodged for a non-sponsoring employer?
No, the nominator must be the current sponsor.

2. Does a new employer need to nominate a 482 holder before applying for 186 TRT?
Yes, the 186 nominator must be the current 482 sponsor.

3. Can the ‘5-day’ flexibility still apply for TRT applications?
Yes, this remains valid for SID visas applying for Permanent Residency through the 186 Temporary Resident Transition Stream

4. Must 482 holders have two years’ sponsored work for TRT eligibility?
Yes, only work under a 457/482/SID counts.

5. Does relevant TSS work experience count for 186 TRT if transferred?
Yes, but only for periods with an approved nomination.

6. Does 186 DE require three years’ experience within the last five years?
Yes.