Overview of TSMIT changes
Effective from 1 July 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will rise from $70,000 to $73,150. This change affects new nomination applications, ensuring that employers meet the new threshold or the annual market salary rate (AMSR), whichever is higher.
Salary requirements
Employers nominating workers for subclass 482, 494, 186, and 187 visas must comply with specific salary conditions:
- Pay overseas workers no less than an equivalent Australian worker.
- Ensure the AMSR is correctly determined and meets or exceeds the TSMIT.
Implications for sponsoring companies
For Australian companies that rely on the Temporary Skill Shortage (TSS) visa (subclass 482) to fill labour shortages, the new TSMIT will have several implications:
Undertake Labour Market Testing (LMT) promptly
To sponsor an overseas employee, companies must first demonstrate genuine efforts to recruit local workers. If sponsors wish to sponsor workers under the current TSMIT ($70,000) before the changes take effect on 1 July, they must initiate the LMT process immediately, as visa applications must be lodged with the Department of Home Affairs the day after the 28-day advertising period concludes. From 1 July, companies will need to update their LMT procedures accordingly. This includes advertising the position at the new salary level and ensuring compliance with the updated regulations.
Increased salary offers
Employers must ensure that new job offers for TSS visa candidates meet or exceed the new TSMIT. This may necessitate budget adjustments or re-evaluation of salary structures, particularly in industries that previously offered salaries close to the existing threshold or have salaries which are inclusive of superannuation.
Contract adjustments for current sponsored workers
Employers should review and potentially adjust the salaries of current employees on TSS visas (i.e. for employees’ salaries that are inclusive of superannuation) to ensure ongoing compliance with the new immigration laws. While the changes primarily affect new applications, staying ahead of regulatory adjustments can prevent future complications.
Implications for skilled migrants
Existing Visa Holders
This change will not affect existing visa holders or nominations lodged before 1 July 2024. Individuals who have already secured their visa or have nominations in place prior to this date will continue to be governed by the previous TSMIT.
Future Visa Holders
For skilled migrants aspiring to work in Australia, understanding the new threshold is essential. This knowledge is crucial for setting realistic salary expectations and meeting the eligibility criteria for skilled migration programs.
Skilled migration and compliance
The upcoming increase in the Temporary Skilled Migration Income Threshold is a pivotal change for Australian employers who sponsor overseas workers. By preparing ahead of the July 1 implementation, companies can ensure compliance with new regulations, maintain the ability to attract top international talent and uphold fair labour standards.
For further guidance and detailed information on the upcoming changes, please get in touch with our expert team at admin@absoluteimmigrationlegal.com to arrange an online consultation.