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RSMS sponsor

You may be able to nominate a skilled worker for this visa under this stream if you:

You may be able to nominate a skilled worker for this visa under this stream if you:

• actively and lawfully operate a business in Australia

• will be nominating the worker for a position in your business

• have a genuine need for a paid employee to fill a skilled position

• offer a skilled position that is full-time and ongoing for at least two years, with no express exclusion included in the employment contract of this period being extended in future

• meet the Salary and employment condition requirements Salary and employment condition requirements and have the capacity to pay the worker at least the annual market salary rate for two years

• wish to fill a position that is an occupation listed for the relevant visa program (for example, a subclass 186 or 187 visa) on the list of eligible skilled occupations.

If you are nominating a skilled worker for a subclass 187 visa, you should also meet the following for your nomination to be approved:

• your business and the position must be located in regional Australia• the position must not be able to be filled by an Australian citizen or permanent resident who lives in, or would move to, the area

• the tasks to be performed must correspond to the tasks of the nominated occupation as outlined in ANZSCO

• a Regional Certifying Body (RCB) specified in a legislative instrument has provided advice to the Department regarding specified matters (e.g. market salary rates and genuine need).

 

Salary and employment condition requirements for sponsored skilled visas

Salary and employment condition requirements for sponsored skilled visas

This page provides a summary of the salary and employment condition requirements for a TSS visa.

These arrangements also apply to the Employer Nomination Scheme (ENS) visa (subclass 186) and the Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) programs.Employers who wish to nominate workers under the above visa programs must meet certain salary and employment condition requirements. These requirements are designed to ensure that:

• overseas workers are paid no less than what an Australian worker would be paid to do the same work in the same location (that is, the ‘annual market salary rate’)• these visa programs are not used to undercut the Australian labour market.Where the overseas worker will be paid less than AUD250,000, employers will need to demonstrate the following:

• they have determined the Annual Market Salary Rate (AMSR) using the specified method

• the overseas worker will not be paid less than this amount (i.e. less than what an Australian worker would be paid)• both the AMSR and what the overseas worker will be paid, excluding any non-monetary benefits in both cases, must be no less than the Temporary Skilled Migration Income Threshold (TSMIT).Additional information on these requirements is provided below.Determining the AMSRWhen lodging a nomination for an overseas worker, employers must provide the AMSR that they have determined for the nominated occupation – that is, what the equivalent Australian worker does earn, or would earn working in the same occupation. The method that you need to use to determine the AMSR is outlined in the relevant legislative instrument – see TSS legislative instruments. These requirements (including the relevant information that should be used to determine the AMSR and what supporting evidence should be provided) are summarised below.If there is an equivalent Australian worker, the AMSR is what you are paying this worker:• If their salary is based on an enterprise agreement or industrial award, you must provide the name of the agreement or award as recorded by the Fair Work Commission, where applicable to demonstrate the AMSR. Note: the salary level/occupation group that applies to the nomination must be specified.• If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, you must provide: copies of relevant employment contracts and pay slips for this employee.Important:• If the nominated overseas worker will be paid less than the equivalent Australian worker, the nomination will be refused.• If a sponsor employs an Australian worker who is more or less experienced than the nominated overseas worker, and that Australian worker is doing similar work at a different pay grade then they are not considered an equivalent Australian worker.• Sponsors who only provide generic market salary data/salary surveys will not meet the requirements instead of the evidence specified in the relevant legislative instrument (see TSS legislative instruments) will have their nomination refused.If there is no equivalent worker and the salary is based on an enterprise agreement or industrial award, you must provide the name of the agreement or award as recorded by the Fair Work Commission, where applicable to demonstrate the AMSR. Note: the salary level/occupation group that applies to the nomination must be specified. If there is no equivalent worker but there is no relevant agreement or award, the onus is on you as the employer to demonstrate what the ASMR is. You need to explain how you have used relevant information to determine what the equivalent worker would be paid. Relevant information is defined in the relevant legislative instrument (see TSS legislative instruments) and includes at least two of the following:• Job Outlook information• advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area);• remuneration surveys completed by a reputable organisation; or• written advice from unions or employer associations.Important:• If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, your nomination application may be refused as the information provided is likely to be insufficient to demonstrate:o what the AMSR for the nominated occupation iso that the nominee will not be paid less than the AMSRo that the AMSR has been determined using the specified method.• If the market salary rate determined is a ‘range’, the sponsor must explain and provide specific details regarding why the particular AMSR has been selected.Meeting TSMIT requirementsBoth the AMSR for the nominated occupation and the guaranteed annual earnings that will be paid to the nominated overseas worker, excluding any non-monetary benefits (for example, accommodation or car provided to them as part of their salary package), must not be less than the TSMIT. TSMIT is currently AUD53,900 as specified in the relevant legislative instrument (see TSS legislative instruments). Note: In practice, this means that any non-monetary benefits included in the salary package must be additional amounts, over and above the TSMIT.