Migration Legislation Amendment (AMSR) Instrument 2026
Migration Legislation Amendment (Annual Market Salary Rate)(AMSR) Instrument 2026:
Australia regularly updates its migration framework to ensure that skilled migration aligns with labour market needs while protecting both migrant workers and local employees. Recently, the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 introduced important changes to how the Australian Market Salary Rate (AMSR) is determined for employer-sponsored visa nominations.
These amendments aim to create a more flexible and accurate system for determining salaries offered to overseas workers while ensuring that migrant employees are paid fairly. Importantly, the new instrument affects several key visa categories commonly used by Australian employers.
This article explains what the amendment involves, how it changes the AMSR framework, and what it means for employers and visa applicants.
Understanding the Australian Market Salary Rate (AMSR)
Before exploring the new amendments, it is helpful to understand the role of the Australian Market Salary Rate (AMSR) in the migration system.
The AMSR is a requirement that applies when employers nominate overseas workers under certain employer-sponsored visas. Essentially, it ensures that the salary offered to a migrant worker is comparable to the salary paid to an equivalent Australian worker performing the same role in the same workplace or industry.
This requirement serves several important purposes.
First, it protects migrant workers from being underpaid or exploited. Second, it ensures that overseas workers do not undercut local wages. Finally, it maintains fairness and balance within Australia’s labour market.
However, determining the appropriate AMSR has sometimes been challenging, especially in industries with complex employment arrangements. The 2026 amendment attempts to address these challenges.
Why the AMSR Framework Needed Reform?
Employers occasionally faced difficulties when determining the correct market salary rate. In some cases, there were no directly comparable Australian workers in the same workplace. Although in other situations, different industrial agreements or award structures complicated salary calculations.
Consequently, the existing framework could be rigid and difficult to apply in certain industries.
Recognising these limitations, the Australian Government introduced the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 to provide greater flexibility in determining appropriate salary levels, while also operating within the broader framework of migration agent regulation to ensure compliance with Australia’s migration laws and professional standards.
Importantly, the objective is not to reduce salary protections. Instead, the amendment aims to improve accuracy and transparency while maintaining safeguards against wage exploitation.
Key Change: Greater Flexibility in Determining AMSR
One of the most significant aspects of the new instrument is the introduction of alternative methods for determining the Australian Market Salary Rate.
Under the revised framework, nominators can now rely on different forms of evidence depending on the circumstances.
For example, when a Fair Work instrument, state industrial instrument, or transitional instrument applies to the nominated occupation, employers may determine AMSR using additional sources of information.
These sources may include:
- Relevant employment documents
- Comparable salary data within the business
- Industry information reflecting standard pay rates
- Other reliable evidence of market salary conditions
However, there is an important safeguard. Regardless of the method used, the salary offered to the nominated worker must not be lower than the amount specified in the applicable industrial instrument.
Therefore, while the system is now more flexible, it still ensures that wages remain fair and compliant with Australian labour standards.
What Happens When No Equivalent Australian Worker Exists?
Another practical challenge arises when there is no equivalent Australian worker performing the same job within the business.
Previously, this situation could create uncertainty when determining the appropriate market salary rate. The 2026 amendment addresses this issue by allowing employers to rely on relevant information from the labour market.
This information may include:
- Industry salary surveys
- Publicly available wage data
- Recruitment advertisements for similar roles
- Market salary benchmarks for the occupation
As a result, employers now have a clearer pathway for demonstrating that the nominated salary reflects genuine market conditions.
At the same time, the framework continues to protect Australian workers by ensuring that wages offered to migrant workers remain competitive and consistent with local standards.
Visa Subclasses Affected by the Amendments
The amendments introduced by the instrument apply to several key employer-sponsored visa programs. Specifically, they affect nominations lodged under the following visa subclasses:
- Subclass 482 – Temporary Skill in Demand Visa
- Subclass 494 – Skilled Employer Sponsored Regional Visa
- Subclass 186 – Employer Nomination Scheme Visa
- Subclass 187 – Regional Sponsored Migration Scheme Visa
These visa pathways are widely used by Australian businesses to address skill shortages and recruit qualified overseas professionals.
Because these visas involve employer sponsorship, salary requirements such as AMSR play a crucial role in maintaining fairness and compliance within the migration system.
Interaction With Existing Income Thresholds
Although the amendments introduce new flexibility, they do not replace existing income thresholds.
Employer-sponsored nominations must still comply with relevant salary requirements, including minimum income thresholds set by the government.
Therefore, the offered salary must satisfy two key conditions:
- It must meet or exceed the Australian Market Salary Rate, and
- It must meet the relevant income threshold applicable to the visa category.
This dual requirement ensures that migrant workers receive fair pay while preventing the undercutting of Australian wages.
Final Thoughts
The Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 introduces important improvements to the way salaries are determined for employer-sponsored visa nominations.
By allowing alternative methods for calculating the Australian Market Salary Rate, the new framework provides greater flexibility for employers while maintaining strict safeguards against underpayment.
At the same time, the changes help ensure that migrant workers receive fair wages consistent with Australian labour standards. Ultimately, these reforms support a migration system that is both practical and equitable.
For businesses and visa applicants navigating employer-sponsored visas, understanding these changes is essential. If you require guidance on employer-sponsored visas or nomination requirements, contact the experts at Emigrate Lawyers for professional legal advice tailored to your circumstances.
Need Legal Help or Consultation?
If you have any questions, concerns, or requests related to the legal matter, please contact us at:
Emigrate Lawyers
