Impact of TSMIT as of 1st July 2023 and pathways towards permanent residency available to short-term visa applicants
Although not enacted in legislation, the Albanese government has recently announced the changes impacting migration which will come into effect in 2023.
On the 27th April 2023, The Hon Clare O’neil MP announced the Temporary Skilled Migration Income Threshold (TSMIT) will be increased from AUD$53,000 to AUD$70,000 effective from the 1st of July 2023.
As of the 5th May 2023, the Department of Home Affairs has announced that from 1 July 2023, the TSMIT will increase from $53,900 to $70,000 for new nomination applications only, with businesses from this date needing to meet the new TSMIT of $70,000 or the annual market salary rate, whichever is higher.
The Department of Home Affairs has further announced the increase in TSMIT will not impact existing visa holders and nominations lodged before 1 July 2023. Therefore, if you are the current holder of a Subclass 482, 186 and 187 visa, your employer is under no obligation to offer you a salary increase on the basis of the recent departmental announcement. However, the sponsor obligation for the employer to ensure overseas workers are paid no less than an Australian worker doing the same work in the same location, that is, the ‘annual market salary rate (AMSR) remains.
Permanent Residency
The Department of Home Affairs has further announced that there will be a pathway available for short-term visa holders, anticipated to come into effect at the end of the year. The pathway available is via means of Subclass 186 Temporary Residence Transition stream as part of the Employer Nomination Scheme program, previously not available to applicants holding short-term visas. Further announced, is that instead of 3 years required working full-time as a holder of your Subclass 482 visa, everyone will be eligible after two years. Subclass 186 eligibility requirements for the Employer Nomination Scheme remain the same, therefore it is important to consult with your immigration specialist to seek further assessment. Lastly, limitations on the number of short-term stream visa applications able to be applied for are anticipated to be removed.
To recap
- New nominations lodged after the 1st July 2023 will be subject to the increase in TSMIT per announcement and will not impact existing visa holders.
- Short-term stream visa applicants are anticipated to have a pathway to permanent residency by the end of the year via means of Subclass 186 – Temporary Residence Transition stream.
If you have an ongoing matter with Crystal Migration Legal or are interested in obtaining employer sponsorship, get in touch with Crystal Migration for further guidance. As specialists in employer sponsored visas, we can assist with alleviating any hesitations or concerns your employer may have with regard to sponsorship, whilst ensuring the process hassle-free for both the applicant and sponsor.
Important to note, the above-mentioned information is subject to the current announcements made by the Department of Home Affairs. We will send out further alerts once enactments have been made to legislation.
If you require further information or would like assistance, please contact Ross on (02) 9189 2988 or ross@crystalmigration.net.