482 TSS & 186 ENS visas – Temporary Skilled Migration Income Threshold

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The Temporary Skilled Migration Income Threshold (TSMIT) applies to the 482 TSS and 186 nomination applications.

 

In order for your nominated role to be sponsorable and eligible, your sponsoring employer needs to show that the Australian market rate for your role is at least equal to TSMIT (which is currently AUD $53,900 per annum). With this requirement, the Department case officer is comparing the Australian market salary rate for the nominated occupation (not your actual salary) against TSMIT. If the market rate for the nominated role is below TSMIT, then the position itself is deemed to be not eligible and this may result in the refusal of the business nomination application.

 

Consequently, even if your (proposed) guaranteed annual salary is above the market rate and TSMIT, if the Australian market rate itself is below TSMIT, then the position is not sponsorable.

 

What is the Australian market rate for my role?

 

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment for an equivalent Australian citizen or permanent resident. This can be shown by providing a copy of the contract of an Australian citizen or permanent resident that is working in the same position and location as your nominated role.

 

Relevant industrial award

 

Your nominated occupation may be governed by a relevant industrial award which will specific the salary that you should be paid. For example, a registered nurse working in Victoria will have his or her terms and conditions of employment governed by the Nurses Award 2010, including the salary that he or she should be paid.

 

You can be paid a salary higher than the level specified in the relevant award.

 

No equivalent Australian working

 

Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.

 

If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your GAE is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).

 

Finding the appropriate market data for your role/industry is really just a matter of completing research. So here some of the resources that I use for finding market data:

 

 

Example where the ‘Australian market rate’ is below TSMIT

 

Max has been nominated by XYZ Pty Ltd. XYZ Pty Ltd currently employs several Australian employees in its workplace who perform the same work as that which Max will undertake as a 457 visa holder. XYZ Pty Ltd currently pays these Australian employees $50,000 annually as per the industrial award that applies in that workplace. Consequently, $50,000 is the applicable ‘market salary rate’ as dictated by the relevant industrial award 

 

In this situation, the 457 nomination would be refused on the basis that the ‘Australian market rate’ for the nominated role is below TSMIT. Even if XYZ Pty Ltd is willing to pay Max a salary of $53,900 or above, this will not be sufficient. As explained above, this requirement is comparing the Australian market salary rate for the nominated occupation, not the applicant’s actual salary, against TSMIT.

 


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Audrey

Hi, My current visa (485) is about to expire in May 2017. Instead of letting me go and hire someone new and to re train them, my company is willing to sponsor me however, they have not sponsored before. They have submitted the application for SBS in December 2016 (application status is received at the moment) but is still preparing the documents to attach. May I know how long will it take for SBS to get a case office/processed and how long will nomination and my visa application take. Also, i have been working in the company since Aug 2015,… Read more »

Debbie

Hi PC

we are in the process of sponsoring one of our employees for a 457 visa. Could you please advise what the current TSMIT is and if superannuation is included.

Marius

Hello,

Is it possible for employer to increase my salary? Do i need to sign new contract if I getting more money then it saying in my contact? I’m on 457 visa.
Thank you!

Harris

Hi,

How much is the minimum salary threshold for a Cardiac Technician?

Thanks

shane

Hi
Im looking at sponsoring myself under a 457 visa through registering a company. if this is to be done do i still need to pay myself the 53900 in the 1st year? If im not able to make that much of a profit what would happen?

Also if im to do the same as a RSMS visa can i start a business in a regional area and sponsor myself and get the PR sooner?

Thanks

Shane

Mary Ann

My husband is being offered by a company in Australia to work with them with a salary of AUD 9000/month. He is presently working as a telecom engineer with 11 yrs work experience. The visa that will be provided by the company is a working visa. He is turning 50 on July 2016. Is there any chance for him to apply and acquire for a permanent residence visa?

Fiona

Hi, I am trying to sponsor a worker on a 457 visa. The application was denied as the pay rate did not meet the threshold. If I decide to increase his pay to meet the threshold can I reapply & as the market rate is under the threshold will it be approved? Will I also have to increase my Australian workers pay to the threshold to get the application approved?

Gurmukh

Hi I’m on 457 visa my package is 53900 but after on year I got 53872 in my gross income mean $28 less then 53900 is This gonna effect on my 186 visa or its normal plz answer me

Amanda

Hi PC

My employer sponsored me for 457 visa two years ago.
Now I am going to apply permanent residency.

My contract agreed salary was $54,600 but they were not agreed to pay me full amount so I took 8 weeks unpaid holidays instead and they deduct that from my annual payment.
Now when I am applying for PR my lawyer said they have to pay me that whole money in Lum sum
I am totally confused. Why would they pay me back when I took whole two months off?
Do I have to work two months extra?