# Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 > F2023C00644 — as made — Status: Current — Made/registered 2026-03-25 — https://www.legislation.gov.au/F2023C00644/latest/text > _As-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source._ Part 1—Preliminary 1  Name  (1) This instrument is the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018.  (2) This instrument may also be cited as IMMI 18/033. 3  Authority   This instrument is made under the following provisions of the Migration Regulations 1994:  (a) paragraph 2.72(15)(b);  (b) subregulation 2.72(17);  (c) paragraph 2.72C(15)(b);  (d) paragraph 2.72C(15)(d);  (e) paragraph 2.79(1A)(b). 4  Definitions   In this instrument: Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident. fair work instrument has the meaning given by section 12 of the Fair Work Act 2009. Regulations means the Migration Regulations 1994.   Relevant employment documents may include, but is not limited to:  (a) pay slips;  (b) contract of employment.   Relevant information may include, but is not limited to:  (a) information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage;  (b) job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;  (c) written advice from registered employer associations and/or unions;  (d) remuneration surveys generated across the relevant industry by a reputable organisation or body. state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009. transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Part 2—Income Threshold and Annual Earnings 5  Annual Earnings    For the purposes of paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Regulations, the specified amount of annual earnings is AUD 250,000. 6  Income Threshold    For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515. Part 3—Method of determination of Annual Market Salary Rate 7  Method for determining the annual market salary rate where an Australian worker is performing equivalent work  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is:  (a) employed in the same workplace as the nominee; and  (b) at the same location as the nominee; and  (c) performing equivalent work to the nominee; the method for determining the annual market salary rate must be in accordance with subsection (2) or (3).  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to an Australian worker mentioned in subsection (1), the annual market salary rate must be determined:  (a) to be the annual earnings specified in that instrument; or  (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to an Australian worker mentioned in subsection (1), the annual market salary rate is the annual earnings that apply in relation to an equivalent Australian worker, determined by reference to relevant employment documents. 8  Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no Australian worker who is:  (a) employed in the same workplace as the nominee; and  (b) at the same location as the nominee; and  (c) performing equivalent work to the nominee; the method for determining the annual market salary rate must be determined in accordance with subsection (2) or (3).  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate must be determined:  (a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or  (b) by reference to relevant information, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate is the annual earnings that would apply in relation to an equivalent Australian worker, determined by reference to relevant information. Part 4—Application 9  Application This instrument applies to nominations for a proposed occupation by a standard business sponsor, a person who has applied to be a standard business sponsor, a party to a work agreement (other than the Minister) or a party to negotiations for a work agreement (other than a Minister), made on or after 18 March 2018 in relation to a:  (a) a holder of a Subclass 457 (Temporary Work (Skilled) visa;  (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or  (c) an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa. Note: This instrument applies to additional visas through operation of the Regulations: see subregulations 2.72C(15) and (16), 2.79A(2) and paragraphs 5.19(5)(o) and 5.19(9)(h) of the Migration Regulations 1994. 10  Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.   The amendments made by Schedule 1 to the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 apply to an application for approval of a nomination made after 30 June 2023. 11  Application of LIN 24/052   The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 apply in relation to an application for approval of a nomination made on or after 1 July 2024. 12  Application of amendments made by LIN 24/094   The amendments of this instrument made by Schedule 3 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply to nomination of a proposed occupation in relation to:  (a) the holder of subclass 457 (Temporary Work (Skilled)) visa; or  (b) the holder of subclass 482 (Temporary Skill Shortage) visa; or  (c) the holder of a subclass 482 (Skills in Demand) visa; or  (d) an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa; made on or after the commencement of the amending instrument. 13  Application of amendments made by LIN 25/038   The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025. 14  Application of amendments made by LIN 26/038   The amendments of this instrument made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 (LIN 26/038) apply in relation to:  (a) an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and  (b) an application for the approval of a nomination made on or after the commencement of LIN 26/038. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted orig = original am = amended p = page(s) amdt = amendment para = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) ch = Chapter(s) pres = present cl = clause(s) prev = previous cont. = continued (prev…) = previously def = definition(s) pt = Part(s) Dict = Dictionary r = regulation(s)/Court rule(s) disallowed = disallowed by Parliament reloc = relocated div = Division(s) renum = renumbered exp = expires/expired or ceases/ceased to have rep = repealed effect rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 /rule(s)/subrule(s)/order(s)/suborder(s) LIA = Legislative Instruments Act 2003 sch = Schedule(s) (md not incorp) = misdescribed amendment SLI = Select Legislative Instrument cannot be given effect SR = Statutory Rules mod = modified/modification sub ch = Sub‑Chapter(s) No. = Number(s) sub div = Subdivision(s) Ord = Ordinance sub pt = Subpart(s) underlining = whole or part not commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 16 Mar 2018 (F2018L00284) 18 Mar 2018 (s 2) Migration (LIN 19/213: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument 2019 13 Nov 2019 (F2019L01448) 16 Nov 2019 (s 2) — Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 30 Jun 2023 (F2023L00921) 1 Jul 2023 (s 2) — Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 29 Jun 2024 (F2024L00833) 1 Jul 2024 (s 2) — Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 6 Dec 2024 (F2024L01621) Sch 3: 7 Dec 2024 (s 2) — Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 23 Jun 2025 (F2025L00731) 1 July 2025 (s 2) — Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 24 Mar 2026 (F2026L00329) 25 Mar 2026 (s 2) — Endnote 4—Amendment history Provision affected How affected s 2..................... s 3..................... s 4..................... s 5..................... s 6..................... s 7 ..................... s 8 ..................... rep LA 48D rs F2024L01621 am F2024L01621 am F2026L00329 am F2024L01621 am F2023L00921 am F2024L00833 am F2024L01621 am F2025L00731 rs F2026L00329 rs F2026L00329 s 9..................... rs F2019L01448 s 10.................... s 11 ………………………………. s 12………………………………. s 13………………………………. s 14………………………………. ad F2023L00921 ad F2024L00833 ad F2024L01621 ad F2025L00731 ad F2026L00329