Yesterday, the Australian Government announced that the Migration Amendment (Skilling Australians Fund) Regulations 2018 will be implemented on 12th August 2018.
What are the key features of the Skilling Australians Fund Regulations?
Eligible Sponsors
Applicable from 12th August 2018
The nominations must be accompanied by the “Nomination training contribution charge”, by the following categories of sponsors or those who have applied to be:
- a standard business sponsor; or
- a temporary work sponsor (other than a special program sponsor or a superyacht crew sponsor); or
- a temporary activities sponsor;
OR by those who are:
- a party to a work agreement (other than a Minister); or
- a party to negotiations for a work agreement (other than a Minister).
A nomination made on or after 12 August 2018 in relation to a proposed occupation for the following subclasses made under s140GB(1)(b) attract the training contribution charge:
- Subclass 457 Temporary Work Skilled visa holder
- Subclass 482 Temporary Skill Shortage visa holder or, applicant for this visa
- Subclass 186 Employer Nomination Scheme visa
- Subclass 187 Regional Sponsored Migration Scheme visa
Skilling Australians Fund Charges
Subclass 457 and Subclass 482
The nomination training contribution charge will be calculated as:
Base amount x visa period
The base amount for organisations with less than $10 million annual turnover is $1200, in any other case the base amount is $1800.
| Visa period | <$10 million turnover | > $10 million turnover |
| One year | $1200 | $1800 |
| Two years | $2400 | $3600 |
| Three years | $3600 | $5400 |
| Four years | $4800 | $7200 |
* The charge for nomination of the occupation of Minister of Religion under the Labour Agreement (LA) stream is nil.
Subclass 186 and Subclass 187
If the annual turnover of the nominating organisation is less than $10 million – $3000, in any other case the base amount is $5000.
* The charge for nomination of the occupation of Minister of Religion made under the LA stream is nil
Refunds of nomination fee and nomination training contribution charge for Subclass 457 and Subclass 482 applications
Refunds will be available in additional circumstances to section Reg 2.73AA (3)(h) of the Act, with the insertion of (3A), refunds may be made where:
- the nomination is withdrawn before a decision is made and the reason for the withdrawal was that the information used to calculate the TCC was incorrect
- the nomination is for a Subclass 482 occupation and the standard business sponsorship application was withdrawn or refused
- the nomination is for a Subclass 482 occupation in the LA stream and is withdrawn before entering into the work agreement
- the application is for a Subclass 482 visa, where the visa is refused under sections 501, 501A or 501B or because the applicant does not meet PIC 4001, 4002, 4003, 4007 or 4020
- or where the visa applicant fails to commence employment in the position associated with the nominated occupation
This regulation applies to applications for nominations made on or after 12 August 2018
For further information regarding the Skilling Australians Fund, please call one of our agents at +61 8 9429 5111.
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