What if I have a Pending TSS Application? How Does the Skills in Demand (SID) (SC482) Affect Me?

After the changes and introduction of the new Skills in Demand (SID) (Subclass 482) visa, there must have been many questions. One of the questions we received is: If you have a pending Temporary Skill Shortage (TSS) (Subclass 482) visa application that was lodged before the new Skills in Demand (SID) (Subclass 482) visa regulations came into effect on 7 December 2024, how does it affect your visa application process?

1. Pending Temporary Skill Shortage (TSS) nominations

  • Suppose your employer has lodged a TSS nomination for you before 7 December 2024, and you have not yet lodged your associated TSS visa application. In that case, the approved nomination will be deemed a SID nomination.

  • You can then proceed to lodge an application for the SID visa associated with that nomination.

  

2. Pending TSS visa (Subclass 482) applications

  • If you lodged your TSS visa (SC 482) application before 7 December 2024, it will continue to be processed according to the previous requirements.

  • You do not need to take any additional action, and your application will not be affected by the transition to the new SID visa. 

  

3. Holding a current TSS visa

  • If you already hold a TSS visa, you can continue to work in Australia under the conditions of that visa. 

  • You do not need to apply for a new SID visa until your current TSS visa is due to expire. 

What is the current processing time for Skills in Demand Visa (Subclass 482)?

As of today, the current processing time for some SID visa streams shares a similar processing time as the previous TSS processing time, 90% of SID applications for:

  • Nominations will take up to 4 months to process.

  • Core Skills Stream Visa applications will take up to 4 months to process.

  • Specialist Skills Stream Visa applications will take up to 7 days to process.

  • Labour Agreement Stream Visa applications will take up to 4 months to process.

In summary, if you have a pending TSS nomination or application, it will be processed under the previous TSS visa rules. When your current visa is due for renewal, you can transition to the new SID visa. Your existing TSS visa will remain valid until it expires.

How Can Agape Henry Crux Help

If you have any doubts or questions regarding the new Skills in Demand visa, schedule a time with our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and registered migration agents at Agape Henry Crux. The team specialises in handling highly complex matters. You can book an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese, and Malay. If English isn't your language, we can help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.