Skilled Migration

Important News for Employer Sponsors – The Skilling Australia Fund

New Labour Market Testing and Levy Refund Provisions

  • The Australian Senate has just passed The Skilling Australia Fund legislation.
  • Two key changes to the associated bill have been decided


1. The labour market testing already required under the current nomination scheme will now require the position to be advertised for a minimum of 4 weeks and within 4 months of when the nomination application is lodged. This advertising must include the skills and experience required for the position and must be advertised such that a significant number of Australian’s with suitable experience are aware of the position.

2. The Skilling Australia Fund Act will be subject to independent review after 18 months.


The  Migration Regulation changes have yet to be changed – this may take another 2 weeks; until then, current Training Benchmark regulations will apply.


Additional Refund Provisions Under the Skilling Australia Fund
  • Additional refund provisions have been added for levies applicable under the SAF and will apply for the following circumstances:


If an employee has their visa refused on character or health grounds but the employer sponsorship has been approved.

If an employee does not commence work with an employer after their visa and sponsorship applications have been approved.

If an employee leaves their employer within the first 12 months on a Temporary Skill Shortage Visa (482) with more than 12 months validity. Refunds apply in this case to full, unused years of the levy paid.



Call us today to speak to a registered migration agent about your best options.

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