Did you meet ​Salary requirements when applying for Employment Nomination Visa?

The Temporary Skilled Migration Income Threshold (TSMIT) is currently AUD53,900.

Both the AMSR for the nominated occupation and the guaranteed annual earnings you will pay to the worker must be at least as much as the current TSMIT.

The TSMIT does not include non-monetary benefits such as accommodation or a car. Such benefits must be paid in addition to the TSMIT.

The Annual market salary rate (AMSR) is determined by looking at what you would pay equivalent Australian workers, enterprise agreements or industrial awards, job outlook information, advertisements for the last 6 months in the same location, remuneration survey or advice from unions or employer associations.

Determining the AMSR

Where there is an equivalent Australian worker

The AMSR is what you are paying this worker.

If the worker’s salary is based on an enterprise agreement or industrial award, you provide:

• the name of the agreement or award as recorded by the Fair Work Commission, where applicable
• the salary level or occupation group that applies to the nomination

If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, provide:

• copies of relevant employment contracts and
• pay slips for this employee

Note:

• An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee.
• If the nominated overseas worker will be paid less than the equivalent Australian worker, we will refuse the nomination.
• If you provide only generic market salary data or salary surveys, we will refuse the nomination.

Where there is no equivalent worker but there is an enterprise agreement or industrial award

Provide:

• the name of the agreement or award as recorded by the Fair Work Commission, where applicable
• the salary level or occupation group that applies to the nomination

Where there is no equivalent worker, agreement or award

You must determine and then show us what the AMSR is.

Explain how you used relevant information to determine what the equivalent worker will be paid. Relevant information could include at least two of the following:

• Job Outlook information
• advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area)
• remuneration surveys completed by a reputable organisation
• written advice from unions or employer associations

Note:

• You must provide sufficient evidence. As a general rule if you do not provide at least 2 independent sources of information in determining the AMSR we are likely to consider the requirement not met
• If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, we might refuse your nomination application.
• If the market salary rate determined is a ‘range’, explain and provide specific details regarding why you selected that AMSR.

Designated Area Migration Agreement 

Annual Market Salary Rate (AMSR) and Temporary Skilled Migration Income Threshold (TSMIT) requirements

Employers seeking to sponsor an overseas worker under a Designated Area Migration Agreement (DAMA) must meet certain salary and employment condition requirements.

The AMSR for the nominated occupation and the guaranteed annual earnings the overseas worker will be paid must be at least as much as the Temporary Skilled Migration Income Threshold (TSMIT).

TSMIT is currently $53,900.

In some cases a salary concession (“reduced TSMIT”) is approved for occupations nominated under a DAMA. Any applicable concessions will be detailed in the DAMA labour agreement.

If the overseas worker will be paid an annual salary less than $250,000 employers need to show:
• they have determined the AMSR correctly;
• the overseas worker will not be paid less than the AMSR, that is, less than an Australian worker would be paid doing the same work in the same location; and
• the AMSR and the overseas worker remuneration, is no less than TSMIT (or reduced TSMIT where a concession is approved)

Scenario 1: Where there is an equivalent Australian or permanent resident worker

The AMSR equals what an employer is paying an Australian worker to undertake the same role.

If the worker’s salary is based on an enterprise agreement or industrial award, the employer needs to provide:
• the name of the agreement or award as recorded by the Fair Work Commission where applicable;
• the salary level or occupation group that applies to the nomination.

Designated Area Migration Agreement AMSR and TSMIT requirements 
If there is no relevant agreement or award, or the employer is paying their Australian workers above the award rate, the employer needs to provide:
• an explanation of salary arrangements, and
• copies of relevant employment contracts, and
• pay slips for the equivalent Australian worker.

Note:

An Australian worker who is more or less experienced than the nominee and/or does similar work at a different pay grade is not considered equivalent to the nominee. The Department cannot approve a nomination if the nominated overseas worker will be paid less than the equivalent Australian worker, or if only generic market salary data or salary surveys are provided.

Scenario 2: Where there is no equivalent Australian or permanent residence worker and –

a. There is an enterprise agreement or industrial award

The employer is required to provide:
• the name of the agreement or the award as recorded by the Fair Work Commission; and
• the salary level or occupation group that applies to the nomination occupation.

b. There is not an enterprise agreement or industrial award

The employer must determine and then demonstrate to the Department what the ASMR is.
This can be achieved by explaining how relevant information was used to determine what the equivalent Australian worker would be paid.

Relevant information must include at least two of the following:
• Job Outlook information;
• advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area);
• remuneration surveys completed by a reputable organisation; or
• written advice from unions or employer associations.

Note:

If the market salary rate determined is a ‘range’, the employer needs to explain and provide specific details regarding why the particular AMSR has been selected.

Need help with visa application?

NO BORDERS: #1 TRUSTED MIGRATION AGENTS

Email: [email protected]

Tel:  +61 (07) 3876 4000

Consultation:  https://www.noborders-group.com/form/free-consultation

We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry  or  book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: [email protected].

Source:

Commonwealth of Australia;

Department of Home affairs

For the latest information about TSMIT and AMSR check the Department’s website https://immi.homeaffairs.gov.au/visas/getting-a-visa/visalisting/temporary-skill-shortage-482/salary-requirements.