Migration instrument specifies income threshold and salary rate
Summary
The Australian Department of Home Affairs has issued a legislative instrument specifying the income threshold and annual earnings, along with the methodology for determining the annual market salary rate for migration purposes. This instrument amends the Migration Regulations 1994 and impacts employers sponsoring foreign workers.
What changed
This legislative instrument, issued by the Department of Home Affairs, specifies the income threshold and annual earnings requirements, as well as the methodology for determining the annual market salary rate for migration purposes. It amends the Migration Regulations 1994 and provides details on how to calculate these rates, particularly when an Australian worker is performing equivalent work or when no such worker exists.
Employers seeking to sponsor foreign workers under certain visa programs must ensure that the sponsored individual meets the specified income threshold and salary rate. This requires a thorough review of the proposed salary against the methodology outlined in the instrument to ensure compliance with migration law. Failure to meet these requirements could result in visa refusal or other enforcement actions by the Department of Home Affairs.
What to do next
- Review the specified income threshold and annual earnings requirements for migration purposes.
- Understand and apply the prescribed methodology for determining the annual market salary rate.
- Ensure all sponsored foreign worker salaries comply with the updated instrument.
Source document (simplified)
- Interactions
Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018
In force Administered by
- Department of Home Affairs
This item is authorised by the following title:
- Migration Regulations 1994 Latest version View as made version F2026C00252 C06 25 March 2026
View document Legislative instrument Filter active Table of contents
- Part 1—Preliminary
- 1 Name
- 3 Authority
- 4 Definitions
- Part 2—Income Threshold and Annual Earnings
- 5 Annual Earnings
- 6 Income Threshold
- Part 3—Method of determination of Annual Market Salary Rate
- 7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work
- 8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work
- Part 4—Application
- 9 Application
- 10 Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.
- 11 Application of LIN 24/052
- 12 Application of amendments made by LIN 24/094
- 13 Application of amendments made by LIN 25/038
- 14 Application of amendments made by LIN 26/038
- Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
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