Greater Flexibility For Annual Market Salary Rates (AMSR) When Sponsoring Visa Holders

Legislative reforms commenced on 25 March 2026 to provide employers greater flexibility in determining the Annual Market Salary Rate in circumstances where a relevant Fair Work instrument, state industrial instrument or transitional instrument applies.

In Australia, nominating a visa holder for an employer-sponsored visa requires evidence that the applicant will be paid what an Australian worker would earn for the same role and location, known as the Annual Market Salary Rate (AMSR).

What has changed?

From 25 March 2026, new legislation for determining the AMSR applies to nomination applications for Subclass 482, 494, 186 and 187 Visas lodged on or after this date, or pending a decision.

The changes provide the option to determine the AMSR using relevant employment documents or information where a Fair Work, state industrial or transitional instrument applies.

This added flexibility means applicants can be paid above the salary specified in Fair Work instruments, such as modern awards, which typically outline minimum pay rates and conditions of employment. Referring to employment documents can show rates paid above the award, providing a more accurate picture of the salary rate.

* The amount in relevant documents/information must not be less than the amount in the Fair Work instrument.

If there is an Australian equivalent employee

If an instrument applies, employers may refer to the salary level and earnings for the relevant occupation group in the agreement or award, unless the employment documents better reflect the salary.

Whether an Australian worker is in an equivalent position is generally determined by the position description, location, and responsibilities.

Employers should consider the years of experience and skills of the employee. Interstaff’s migration agents can advise in such circumstances. 

Relevant employment documents for an equivalent Australian worker can include:

• Employment contracts and;
• Pay slips

If there is no equivalent Australian worker

When there is no equivalent Australian worker in your organisation, an enterprise agreement or industrial award may be used to determine the AMSR if one applies, or otherwise by relying on relevant information.

Utilising relevant information to determine the AMSR can involve:

• Jobs and Skills Australia website statistics
• Eligible advertisements for equivalent positions in the same location from the past six months (considering factors such as states, and metropolitan / regional areas)
• Remuneration surveys conducted by reputable organisations
• Written advice from unions or registered employer associations

Other factors to consider

In addition to ensuring Subclass 482 and 186 Visa applicants are paid the correct AMSR, employers must ensure the salary meets the applicable salary thresholds for the visa stream.

View our insights on upcoming changes to the Core Skills Income Threshold (CSIT) and Specialist Skills Income Threshold (SSIT).

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