South Australia and New South Wales update State Lists – Special Conditions Imposed ...
SAF Levy Starts 12 August 2018
Skilling Australians Fund levy commences August 12th 2018
Passed by the Australian Senate some months ago, the Skilling Australians Fund Charges Act (The Act) has now been made into law and will commence formally on August 12th 2018.
The Act relates to a ‘nomination training contribution charge’ which, under the Migration Act 1958 and the Migration Regulations 1994, certain nominating employers will be required to pay when applying for temporary or permanent skilled work visas for overseas workers. The money raised will contribute to the funding of vocational education and training for Australian workers.
The Act replaces the ‘training benchmark requirements’ which were previously imposed upon employers.
How much will nominating employers be required to pay?
The amount is a variable, being dependent upon the sponsor company’s turnover in the twelve months prior to application lodgement; also upon the number of employees being sponsored:
Permanent Residency visas (186, 187, TRT, DE)
- Turnover less than $10 million – a one-off fee of $3000 payable with lodgement of nomination.
- Turnover greater than $10 million – a one-off fee of $5000 payable with lodgement of nomination.
Temporary Skilled Shortage/482 visa (MLTSSL, STSOL, RSOL occupations)
- Turnover less than $10 million - $1,200 for each year of the TSS visa, payable with lodgement of nomination.
- Turnover greater than $10 million - $1,800 for each year of the TSS visa, payable with lodgement of nomination.
Should issues arise, is there a pathway for refund?
Migration is always a complex area and sometimes thing don’t go exactly as planned. Accordingly, monies paid against the Skilling Australians Fund can be refunded under certain circumstances:
- If the employer’s sponsorship application is approved but the prospective employee’s subsequent application is refused on character or health grounds.
- If the employer’s application is refused.
- If the employer’s sponsorship application is approved but the nomination is declined.
- If the visa holder does not end up commencing work with the employer.
- If a TSS visa holder resigns within the first twelve months. (In such an instance a pro-rata refund will apply.)
The Skilling Australians Fund levy will apply to all nominations received from August 12th, including those received from sponsors who already employ apprentices or who have other existing training expenditure.
Experienced preparation is vital
In the complex world of immigration law, nothing is simple. It really does pay dividends therefore, to obtain professional assistance; skilled practitioners who are specialised in the field, comprehensively trained to recognise the traps and the trends. It can save so much time and by ensuring avenues of recourse, it can also avoid so much unnecessary expense.
For more information on this or on any relating issues, contact the migration experts – Sellanes Clark and Associates – specialising in all immigration matters.