Important Updates
Important Updates
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Legislation on Skilling Australians Fund and Labour Market Testing Passes in Parliament

May 14, 2018

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Australian Parliament recently passed legislation to establish the Skilling Australians Fund and implement restricted labour market testing criteria, with a commencement date expected in June 2018.
  • Additionally, the 2018-2019 Australian Budget delivered a number of updates including further refund and exemption provisions for the Skilling Australians Fund, implementation of the Peru-Australia Free Trade Agreement and special visa arrangements to address doctor shortages.

The situation

The Australian Parliament recently passed legislation that addresses previously-announced labour market testing changes, and a Budget that will result in immigration-related changes. The key changes are discussed below.

  • Skilling Australians Fund Levy. The Bill to establish the Skilling Australians Fund (SAF) and implement the SAF Levy was passed by Parliament on May 9. An exact date for the commencement of the legislation has not yet been determined but may occur as early as June 2018. The Bill would add the following situations where employers could seek a refund of their SAF levy:
    • Where a TSS (Temporary Skills Shortage) Visa nomination application was refused because the employer's sponsorship application was refused;
    • The employer's sponsorship application was approved but the employee's subsequent TSS visa application was refused on health or character grounds;
    • The sponsorship and TSS visa applications were approved, but the TSS visa holder does not commence work with the employer; or
    • The TSS visa holder leaves the employer within the first 12 months of employment. This will only be applicable in situations where the validity of the visa granted was longer than 12 months and refunds will only be available for the unused full years of the levy.

 

  • Labour Market Testing. Universal, mandatory labour market testing (LMT) was introduced in March 2018 as part of the TSS visa implementation, and the Bill to introduce a legislative framework for LMT passed Parliament on May 9. Commencement of the legislation is expected as early as June 2018.
    • Changes in job advertising requirements. The following two important changes were introduced in regard to the job advertising requirements:
      • Employers must advertise in the four months prior to the nomination application (previously, employers must have completed advertising in the 12 months prior to nomination); and
      • Employers must run advertisements for at least four weeks in at least two different national media publications or in a national recruitment website (previously, the advertisement must have run for at least 21 days).
    • Looking ahead.
      • Apart from the two changes discussed above, Fragomen expects that the regulations that will give effect to the LMT requirement will otherwise be the same as current Department of Home Affairs (DHA) policy. At this stage, there is no indication from the DHA on whether current policy concessions to LMT will remain once the new framework comes into effect.
      • Fragomen will continue to monitor the release of further information about the forthcoming SAF levy and labour market testing changes and will provide updates as they become available.

 

  • Exemptions for Peruvian Intra-Corporate Transferees. Although not yet in force, a Free Trade Agreement between Australia and Peru negotiated in February 12, 2018, would eventually allow Peruvian nationals to be exempt from LMT requirements when entering Australia as an intra-corporate transfer from a business operating in Peru to its Australian branch office or to an Australian associated entity. This extends other LMT exemptions that apply under other free trade agreements in place.

 

  • Other immigration-related Budget announcements
    • Visas for general practitioners. The Australian Government has made funds available in the Budget to source overseas trained general practitioners to address areas of doctor shortages.
    • Retirement Visa program. The subclass 405 Retirement visa program will be closed to new applicants. A permanent residency pathway will be introduced to transition all current subclass 405 Retirement and subclass 410 Investor Retirement visa holders to permanent residency.
    • Government lodgement fees. Government lodgement fees typically increase on July 1 each year and are announced in the weeks following the budget. An increase is expected in some lodgement fees at this time.

 

Access the Australia reforms microsite for up-to-date information on the new visa program.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

MARN 0849574

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.