Introduction
When sponsoring overseas workers under programs like the Temporary Skill Shortage (TSS) visa, employers must show that they have tested the local labour market and that the nominated salary meets the Annual Market Salary Rate (AMSR). A common question is whether the AMSR must be set at the top of the advertised salary range.
What Is Labour Market Testing and AMSR?
- Labour Market Testing (LMT) requires employers to advertise the position for at least the minimum period and to provide evidence that no suitably qualified Australian worker is available.
- The Annual Market Salary Rate represents the market rate for the nominated occupation in Australia. Sponsors must pay at least the AMSR and at least the Temporary Skilled Migration Income Threshold (TSMIT).
Salary Range vs. AMSR
- Employers often advertise a salary range (for example, $80,000–$90,000). As long as the AMSR falls within the published range and the nominated salary is above the TSMIT, there is generally no requirement for the AMSR to be at the top of that range.
- Experienced migration practitioners confirm that Departmental case officers accept AMSR figures within the range, particularly where the range spans a modest amount (for example, a $5,000 spread).
- Documentation should clearly show the salary offered and confirm that it is within the advertised range and at or above the TSMIT.
Practical Tips
- When setting the salary range for job advertisements, ensure the lower end comfortably exceeds the TSMIT and aligns with market rates.
- Provide evidence of the labour market test (advertisement screenshots, job postings) and the AMSR assessment with your nomination application.
- If the AMSR is lower than the top of the range, be prepared to justify how the figure was determined, such as using salary surveys or award rates.
Disclaimer: This information is provided as general guidance and may not apply to your specific situation. For personalised advice on labour market testing and salary requirements, please speak with a registered migration agent.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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