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Skilling Australians Fund Comes Into Effect- Labor Market Testing Requirements

17 Aug 2018

Labor Market Testing Requirements
Subsequent to the announcement regarding immigration changes in the 2018-19 Budget the Migration Amendment Skilling Australians Fund Act 2018 has taken effect on 12th August 2018.

As a result the National Training Contribution Charge will be applied to all the applications that are filed on or after 12th August 2018.

Moreover, the nominating employer is responsible for bearing this cost, and it must not be recovered from the applicant of visa.
These are the rates of the SAF levy applicable at the time of filing of the nomination applications:

Small Business Large Business (turnover $10m or more)
TSS $1,200 $1,800
ENS/RSMS $3,000 $5,000

SAF payments

The rules of the TSS program demand the payment of levy for each year when the employer is nominating the TSS visa applicant, for maximum 4 years.

In special circumstances, there can be a refund but at the discretion of the Department of Home Affairs.

Business plans

The SAF imposes extra costs for business establishments, but it will also facilitate employers to obey their training obligation. Thus all Nominating employers must have proper personnel resourcing and immigration processes for avoiding any unnecessary costs.

Training issues

The SAF replaces the previous training benchmark requirements for TSS, ENS and RSMS nomination applications filed after 12th August 2018. For all pending applications filed before this date, the benchmark requirements of the previous training will apply.

Labor Market testing requirements - updates

The Migration Amendment Act 2018 includes changes to the Labor Market Testing requirements. These will have an impact on TSS nomination applications filed after 12th August 2018:

• LMT must be held not more than 4 months before filing the nomination application
• Advertisements as a proof of LMT must run for 4 weeks using two national online or print methods or on the radio. Adverts should include:

-the nominated salary, if proposed salary is $96,400, and
- requirements of skills and work experience
In some circumstances, the employer can provide a submission of the LMT efforts instead of the above, for example:
• the annual earning of the nominated position is not lower than $250,000
• the applicant has  international recognition  for outstanding achievements in a sport, academic and research field or is a top- chef
• the applicant gets  nomination  in a major medical occupation
• the applicant is on an intra-corporate transfer
• a new nomination is necessary for the existing visa holder as a change occurred in the business structure or pay
Exemptions are also available in case of International Trade Obligations.


Since April 2017, the country has introduced many legislative changes rapidly, in the employer sponsorship programs. These changes are regarding the same criteria, and they impact on a specific time, in which filing of applications happens. In case of non compliance, the applications are refused without an opportunity to rectify these mistakes or a chance to give further information. Immigration law is complicated and seek professional immigration advice is the remedy for it.

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