Skilling Australian Funds Act and Labour Market Testing

The Migration Amendment (Skilling Australians Fund) Act 2018 received Royal Assent on 22nd May 2018.

The Act is not yet in effect. The Act may come into effect by proclamation. If no proclamation is made within six months after the 22 May 2018 (i.e. 23 November 2018), the Act will come into effect on that day.

When the Skilling Australian Fund Levy is in effect it will mean the following levies will be payable at the time of lodgement of the nomination.

TSS Visa (Subclass 482)

• For businesses with a turnover of over $10 million a levy of $1800 will be payable for each year of the visa.

• For businesses with a turnover of under $10 million a levy of $1200 will be payable for each year of the visa.

The full payment for the entire period of the visa is required at the time of nomination. For example, if applying for a 4-year visa a business would be required to pay at time of lodgment of the nomination $7200, if the turnover is over $10 million and $4800, if the turnover is under $10 million.

ENS and RSMS Visa (Subclass 186 and 187)

• For businesses with a turnover of over $10 million a levy of $5000 is payable for each nomination.

• For businesses with a turnover of under $10 million a levy of $3000 is payable for each nomination.

The Skilling Australian Fund Levy will be payable for nomination applications made on or after the day the Act come into effect.

Labour Market Testing

New Labour Market Testing requirements have also been passed but are yet to come into effect. The implementation date for the new Labour Market Testing will come into force concurrently with the Skills Australian Fund Levy. The key points are below.

• Advertising must not start earlier than 4 months before the nomination is lodged.

• The Minister may determine the language, method, period and duration of such advertising.

• The advertising must be undertaken in a targeted manner so that a significant proportion of suitable qualified and experienced Australians would be likely to be aware of the position and set out the experience and skills required.

• The advertising must be for a duration of at least 4 weeks.

• A copy of the advertising may be required to accompany the nomination.

Once the commencement date and regulations and policy are available we will advise further.

Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.