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Priority review Rule Amended Final

Migration instrument specifies income threshold and salary rate

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Published March 21st, 2018
Detected March 27th, 2026
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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

  1. Review the specified income threshold and annual earnings requirements for migration purposes.
  2. Understand and apply the prescribed methodology for determining the annual market salary rate.
  3. Ensure all sponsored foreign worker salaries comply with the updated instrument.

Source document (simplified)

Named provisions

Income Threshold and Annual Earnings Method of determination of Annual Market Salary Rate

Classification

Agency
DHA
Published
March 21st, 2018
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
F2018L00284

Who this affects

Applies to
Employers
Industry sector
9211 Government & Public Administration
Activity scope
Visa Sponsorship Labor Market Testing
Threshold
Specified income threshold and annual earnings rate
Geographic scope
Australia AU

Taxonomy

Primary area
Immigration
Operational domain
Compliance
Topics
Employment Law Labor Market

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