When There’s a Salary DiscrepancyEmployers sponsoring workers under Subclass 482 visas must meet both Labour Market Testing (LMT) requirements and pay at least the Annual Market Salary Rate (AMSR). But what happens when there’s a discrepancy between the advertised salary and the AMSR?
Understanding the Issue
When an employer conducts Labour Market Testing, they advertise the position at a certain salary range. However, the AMSR for that occupation may be higher than what was advertised. A common scenario involves a $5,000 or more difference between the LMT advertised salary and the AMSR.
What Matters Most
The critical requirement is that the sponsored worker must be paid at least the AMSR or the Temporary Skilled Migration Income Threshold (TSMIT), whichever is higher. The advertised salary during LMT doesn’t need to exactly match the AMSR, but the actual salary paid to the visa holder must meet the minimum requirements.
Practical Implications
If the LMT advertised a salary below the AMSR, the employer can still proceed with the nomination as long as they commit to paying the sponsored worker at least the AMSR. The employment contract should reflect the compliant salary, not the lower advertised rate.
Migration agents should ensure employers understand they cannot pay below the AMSR regardless of what was advertised during LMT.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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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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