July 2, 2018

Migration | QLD

New migration legislation is set to be implemented by 30 September 2018. The Migration (Skilling Australians Fund) Charges Bill 2017 and the Migration Amendment (Skilling Australians Fund) Bill 2018 received Royal Assent on 22 May 2018. The bills introduce some significant changes for employers seeking to hire personnel who are not Australian citizens or permanent residents:  

1. Skilling Australians Fund Levy

Employers will be required to pay an additional levy on Temporary Skill Shortage (TSS), Employer Nomination Scheme (186) and Regional Sponsored Migration Scheme (187) nomination applications. The amount of the levy will depend on the size of the employer and whether a temporary or permanent employer nominated visa is being applied for. The levy must be paid at the time the nomination application is lodged: 

Size of Organisation Temporary Skilled Shortage Visa 186/187
Annual turnover less than $10 million

$1,200.00 per year of nomination

$3,000.00 one off payment

Annual turnover more than $10 million

$1,800.00 per year of nomination

$5,000.00 one off payment

2. Labour Market Testing (LMT)

There will be significant changes to the LMT requirements, including that LMT must be conducted for a period of four weeks, within four months of the date of lodgement of the nomination. Advertising on LinkedIn’s online recruitment platform is now acceptable.

 The Department of Home Affairs is expected to release its policy documents regarding the new legislation shortly. We will provide a further update once more information comes to light.  

How will this Impact my Organisation?

If your company will need to employ overseas personnel, it is essential that you are aware of these upcoming critical changes. McInnes Wilson Lawyers regularly provides specialist advice to Australian businesses concerning employing overseas workers and can assist with preparing and lodging visa applications.

If you require migration assistance or are interested in more information about these changes and how they impact your organisation, please contact Senior Associate and Migration Agent, Jerome Quinn (MARN 1799131).