Skilling Australians Fund when sponsoring overseas workers

The Migration (Skilling Australians Fund) Charges Act 2018 (the SAF Charges Act)  commences on 12 August 2018. You can refer to the Legislative Instrument – F2018L01093 – Migration Amendment (Skilling Australians Fund) Regulations 2018.

The SAF levy will be payable by Australian employers who wish to sponsor overseas workers.

As per the Schedule 1 of the Skilling Australians Fund (SAF) Regulations:

The ‘Nomination Training Contribution Charge” must accompany nominations made by the following categories of sponsors or those who have applied to become:

  • 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).

Refunds of nomination fee and nomination training contribution charge for Subclass 457 and Subclass 482 applications (Apply to nomination applications made on or after 12 August 2018)

Refunds will be available in additional circumstances to Reg 2.73AA (3)(h), 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  • the nomination is withdrawn before a decision is made and the reason for the withdrawal was that the information used to calculate the TCC was incorrect
  • the nomination is for a Subclass 482 occupation and the standard business sponsorship application was withdrawn or refused
  • the nomination is for a Subclass 482 occupation in the labour agreement stream and is withdrawn before entering into the work agreement 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

 

Subclass 407 Training visas – nomination approval validity (This amendment applies to applications for nominations made on or after 18 march 2018.)

Reg 2.75A has been amended so that approval of a nomination for this subclass will cease: 

  • 12 months after the day on which the nomination is approved unless there was a visa application made by the nominee before the nomination was finally determined 

or

  • 12 months from the day on which the visa application made on the basis of the nomination was finally determined or withdrawn.

Employer Nomination Scheme and Regional Sponsored Migration Scheme

Training contribution charges 

Reg 5.19(2)(fa) has been inserted to require the nomination training contribution charge to be made with the nomination application and that the annual turnover of the nominating/sponsoring organisation to be identified.