457 Visa & TSMIT (Part 1)
So many, both applicants and employers do not understand the complexity of this aspect of sponsorship under the class of visa called the Temporary Work (Skilled) visa (subclass 457)
The threshold only applies to the 457 visa and is there to ensure that the visa holder has sufficient income to support themselves, and family members, if applicable.
To gain a better understanding of this aspect of the visa application process and the corresponding criteria associated with the three stages of the application process, namely Sponsorship, Nomination and visa application I would like to explore with you more fully the concept of what exactly is the meaning of the ‘TSMIT” (Temporary Skilled Migration Income Threshold)
In order for the nominated role (the positon being offered) and for it to be part of the visa sponsorship process the employer needs to show that the Australian Market Rate for the role/position is at least equal to the TSMIT (which is currently AUD $53,900 per annum).
The sponsor having prepared and lodged the nomination application will be assessed by the case officer (decision maker) for the Department of Immigration and Border Patrol and in the assessment will compare the Market Salary Rate with the TSMIT.
You will note that with this eligibility requirement the Case Office is not comparing your actual salary against the TSMIT.
It is important to understand the following point, even if your (proposed) guaranteed annual salary is above the market rate and TSMIT, if the market rate itself is below TSMIT, then the position/occupation/role will not be able to be sponsored.
It must be also understood that your employer needs to pay you a guaranteed annual salary of at least the market rate.
The TSMIT rate is geared to the annual rate of inflation and changes from year to year. However, another question is often raised in relation to the TSMIT increase.
Does this mean that if the TSMIT rises and I am being paid the TSMIT rate will my salary need to be raised as well to be to align with the TSMIT and will it affect my visa status. The simple answer is your visa status is not affected however your employer may or may not give you a pay rise. That is between you and the employer.
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About the Author
Allan Hornery
Fr. Allan Hornery is a registered migration agent since 2009 and is well renowned for his diverse roles within many communities of NSW. Allan is a highly respected Priest, Counsellor, and past Immigration Advisor for a Federal Member of Parliament, past Deputy Chair of the Board of Management for the Liverpool Migrant Resource Centre. He comes from a varied and wide background of experiences in Media, Education, Medical, Counselling, Adult Education, Public Speaking, Politics and general love of life and people.