SAF Levy and LMT update

Update regarding the new Skilling Australians Fund (SAF) levy and Labour Market Testing requirements which come into effect on 12 August 2018.

Where required to be paid, the SAF levy is now being charged on any new nomination lodged under the Temporary Skill Shortage (TSS), Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa  programs. The SAF levy will be payable in full at the time of lodging a nomination application.  Further information about the new levy ca be seen on the SAF web-page.

Further additional changes to the Temporary Skill Shortage (TSS) (subclass 482) visa program were also implemented from 12 August 2018, these include:

a.      Changes to Labour Market Testing (LMT) arrangements, with a new legislative instrument (IMMI 18/036: Period, manner and evidence of labour market testing) published to specify the form in which LMT must be undertaken (ie removing current policy discretion in this space) – see updated content on the LMT web-page.

b.      While nominated positions must be full-time, there is however now a discretion to approve part-time positions if supported by a strong business case. 

c.       Ensuring that an approved nomination does not cease before processing of an associated TSS visa application is completed, including merits review (even if this is longer than 12 months provided none of the other cessation events has occurred).

In addition to the above, any residual training benchmarks/compliance requirements have also been removed for new ENS/RSMS nomination applications where previously applicable (noting pipeline applications will still need to be assessed against requirements in place at the time of lodgement).