A motion to disallow Legislative instrument - IMMI 15/050 - F2015L00569 -
The instruments specify the high income threshold for sub-regulations 2.72(10AB) and paragraph 2.79(1A)(b) of the Migration Regulations 1994 which has been reinstated as A$250,000. This amount was lowered to A$180,000 in April 2015.
How This Affects You:
Australian companies who are approved to sponsor skilled workers under the Subclass 457 visa program, are obligated to provide their employee with terms and conditions of employment (including salary) that are no less favorable than the Australian market place. Where there are no Australian citizens or permanent residents employed by the business to perform equivalent work, the employer must evidence how the business benchmarked the proposed salary including evidence of how this meets Market Salary Rates (MSR). An exemption to supplying MSR data is only available where the annual earnings of the sponsored worker meets the high income threshold specified in the active legislative instrument.Effective immediately, evidence of relevant MSR is required for any pending or prospective Subclass 457 visa application where the nominated annual earnings is less than A$250,000.
Please contact Expat’s visa team for further information and guidance regarding this legislative change.