Why Your Nomination Lodgement Date Sets the Salary Threshold

Visa Plan Lawyers Immigration Lawyer
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For SID and ENS visas, the nomination lodgement date, not the decision date, fixes which salary threshold applies. Here is why timing matters.

The nomination lodgement date, not the decision date, fixes which salary threshold applies to an employer-sponsored nomination. A nomination lodged before 1 July is assessed against the figure in force on that lodgement date, even if the case officer decides it after 1 July. Understanding this single rule can change when you lodge, and what salary you commit to.

What the lodgement-date rule actually says

When you lodge a nomination for a Skills in Demand (SID) subclass 482 visa or an Employer Nomination Scheme (ENS) subclass 186 visa, the relevant salary threshold is the one in force on the day the nomination is lodged. Processing time does not change the figure. If the threshold indexes upward on 1 July, a nomination already sitting in the queue keeps the pre-July figure.

This matters because thresholds and decision timelines rarely line up. A nomination can wait weeks or months for a decision. Without this rule, an employer could lodge in good faith against one figure and then be assessed against a higher one purely because of processing delay. The rule removes that risk by locking the applicable figure at lodgement.

Why timing around 1 July is the pressure point

Several thresholds in the skilled and employer-sponsored program are reviewed and can change with effect from 1 July. That makes late June and early July the period where the lodgement-date rule has the sharpest consequences.

The practical takeaway is straightforward. If a threshold is set to rise on 1 July and your nominated salary sits between the old and new figures, lodging before 1 July can mean the nomination is assessed against the lower figure. Lodge on or after 1 July and the higher figure may apply. The difference is not academic; it can decide whether a nomination meets the threshold at all.

We do not state the specific dollar figures here because they must be confirmed against the primary source at the time you lodge. Always check the current figure for your visa and stream on the Department of Home Affairs website before making a timing decision.

The thresholds are not all the same, and they do not all move together

A common and costly assumption is that every employer-sponsored threshold changes in the same way at the same time. It does not.

  • The SID Core Skills stream is tied to the Core Skills Income Threshold (CSIT) and the Core Skills Occupation List (CSOL).
  • The SID Specialist Skills stream is tied to the Specialist Skills Income Threshold (SSIT).
  • The ENS Direct Entry pathway draws on the CSOL, with income thresholds indexed annually.
  • The regional subclass 494 and subclass 187 pathways are tied to the Temporary Skilled Migration Income Threshold (TSMIT), which is set separately and changes by a different mechanism.

The important point for timing is that the TSMIT does not move automatically alongside the Core Skills and Specialist Skills figures. It can change through a separate legislative process, and an anticipated increase is not the same as an increase that has legal effect. Do not assume a TSMIT figure has changed until the change is actually in force. For anything TSMIT related, confirm the current position against the Federal Register of Legislation before relying on it.

Threshold or market rate: whichever is higher

The lodgement-date rule fixes the threshold, but the threshold is only half the salary test. The nominated salary must meet the relevant income threshold or the Annual Market Salary Rate for the role, whichever is higher.

So if the market rate for a particular occupation and location exceeds the threshold, the market rate governs. Timing your lodgement to catch a lower threshold does nothing if the market rate for the position is already above it. Employers should evidence the Annual Market Salary Rate carefully, because a nomination that meets the threshold but understates the market rate can still be refused.

A short checklist before you lodge

  • Confirm the current threshold for your exact visa subclass and stream, as at your intended lodgement date, against the Department of Home Affairs.
  • For subclass 494 and 187 nominations, separately confirm the TSMIT position on the Federal Register, because it moves independently.
  • Compare the threshold against the Annual Market Salary Rate for the role and use the higher figure.
  • Confirm the nominated occupation sits on the correct occupation list, classified by its ANZSCO code, for the pathway you are using.
  • Decide whether lodging before or after a 1 July change serves the nomination best, and lodge deliberately rather than by accident.

Where mistakes happen

Most threshold problems are not caused by the figure itself. They are caused by timing decisions made without checking the primary source, by assuming all thresholds move together, and by treating the threshold as the whole salary test when the Annual Market Salary Rate can override it. Because a refused nomination can jeopardise the linked visa application and cost the sponsored worker their pathway, the margin for error is thin.

Visa Plan Lawyers advises employers and sponsored workers on nomination timing, salary evidence, and stream selection across the SID and ENS programs. The firm acts to make sure a nomination is lodged against the correct figure, with the right supporting evidence, the first time.

If you are planning a nomination around 1 July or weighing which stream fits your role, our team can help you lodge with confidence. Learn more about our employer-sponsored visa services, the subclass 482 SID visa, and the subclass 494 regional pathway.

Frequently asked questions

Does the salary threshold apply as at the nomination lodgement date or the decision date?
It applies as at the date the nomination is lodged. A nomination lodged before 1 July is assessed against the figure in force on the lodgement date, even if the Department decides it weeks or months later.
Does the same lodgement-date rule apply to the SID and ENS visas?
The lodgement-date principle governs which threshold is in force for a nomination. The specific threshold differs by visa and stream, so confirm the applicable figure for your subclass against the Department of Home Affairs before lodging.
Do I still have to meet the Annual Market Salary Rate?
Yes. The nominated salary must meet the relevant threshold or the Annual Market Salary Rate, whichever is higher. Meeting the threshold alone is not enough if the market rate for the role is higher.

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