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TSMIT 2023 - Will my Salary go up? 491 to 191 visa for PR Salary? 482 to TT 186 visa Salary?

 TSMIT

There the announcement that the TSMIT, or Temporary Salary Minimum Income Threshold, will go up from 1 July 2023, from $53,900 to $70,000.
The TSMIT questions are going to start with the simple ones and get increasingly more complicated.

 

Watch the video below to have your questions answered:

 



Question 1:


I Holding a 482 visa granted in March 2022, with a salary of 55,000 and my Visa expires in March 2026. Will my salary go up to the new TSMIT of $70,000 from 1 July 2023?

A: Sorry to break the bad news, that for existing 482 holders your salary will not go up from 1 July 2023.



Question 2:


Do I have to lodge both my nomination and visa applications before 1 July 2023 if my salary is under $70,000?

A: No, the TSMIT is only a nomination requirement. As long as the nomination is lodged before 1 July 2023, the visa can be lodged after that.



Question 3:


Working holding the 482 visa since October 2020, my employer is planning to sponsor me for 186 temporary residence transition stream once I meet three years on the 482 in . I am a veterinary nurse* earning just above award $55,000, will the TSMIT apply to my new 186 TRT application?


A:  Your salary of $55,000 would not meet the nomination requirements for 186 TRT after 1 July 2023. Your employer would need to nominate a salary of at least $70,000. This may even extend to certain applications for 186 under the labour agreement stream.

A short-term occupation can access due to working 12 months between 1 February 2020 and 14 December 2021,
clause 8 of LIN 22/038 https://www.legislation.gov.au/Details/F2022L00340



Question 4


Will the income requirement for 491 visa holders, in terms of applying for a 191 visa, be subject to the TSMIT going up to $70,000?


A: The income requirement is to be provided by 191.222(3) which provide the Minister may, by legislative instrument, specify an amount. The Minister is yet to put a legislative instrument in place for the 191 visa. This means that there is a legislative vacuum or lack of details on what the salary amount might be. This lack of criteria could lead to any and many refusals being appealed to the AAT and courts and could ultimately cost the Australian government and taxpayers millions in cost. Not to mention all the lives put on hold and legal fees paid by those appealing. Let’s hope a legislative instrument is put in place soon. What is the saying - A stitch in time saves nine. If you would like to take some active steps to encourage the Department of Home Affairs to clarify the situation, then you could ask your local Federal Politician to contac the Minister of Immigration. 

 

Click here to acess the list of Federal Politicians

Work Visa Lawyers is doing what it can to encourage clarification on this issue. We have asked the peak professional membership body for migration professionals, the Migration Institute of Australia to raise the 191 salary issue. We have also directly emailed the Department of Home Affairs General Skilled Migration section to raise the 191 salary issue. Thanks for your questions. We will do further posts on the 191 visa requirements as soon as details become available. We do our best to bring all the latest updates and most relevant news for potential migrants.

 

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Friday, 01 March 2024

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