REMINDER: Employer Sponsored Skilled visas – Skilling Australians Fund (SAF) levy

A reminder that the SAF levy is expected to be implemented before 30 September 2018 (no date yet announced), and will apply to applications made after the commencement date.

Applications for TSS, ENS (186) and RSMS (187) visas that are lodged before the implementation date will not attract the levy.

The only exemption for the SAF levy will be for religious workers nominated under the Labour Agreement streams. All other nominations for TSS, ENS or RSMS visas will attract the SAF levy.

The whole of the SAF levy will be payable at the time the Nomination is lodged. This amount will be calculated based on the number of years sought for the TSS visa or a fixed amount for ENS and RSMS applications.

Refunds of the SAF levy will only be available if:

• The sponsorship and visa applications are approved, but the employee does not commence employment with the employer;
• The visa is refused on health or character grounds;
• The employee TSS visa holder leaves the sponsoring employer within the first 12 months of employment*; or
• The nomination fee is refunded for other reasons

Employers will not be able to pass on the SAF levy to their sponsored employees.

Please contact us if you have any questions about how the SAF levy will impact you or to discuss strategies to reduce the impact.

* Note: This does not apply to ENS or RSMS holders who leave their employer within the first 12 months of employment.

DISCLAIMER This information is current as of 3 August 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.