25 March 2026

The instrument provides greater flexibility in how AMSR is determined, particularly where a Fair Work instrument, state industrial instrument, or transitional instrument applies. In such cases, nominators may now use an alternative methodology based on relevant employment documents (where an equivalent Australian worker exists) or relevant information (where one does not), provided the resulting salary is not less than the amount specified under the applicable industrial instrument.

The amendments apply to nominations under Subclass 482, 494, 186 and 187 visas and operate alongside existing income thresholds, ensuring that migrant workers are paid at least market rates and do not undercut Australian workers.

The changes are intended to improve accuracy in reflecting real labour market conditions, accommodate diverse employment arrangements, and enhance protections against underpayment and exploitation.

The instrument commences the day after registration and applies to both new and undecided nomination applications. It is beneficial in nature, as it expands, rather than restricts, available methods for determining AMSR.

Overall, the amendments promote fair wages, support an adequate standard of living for migrant workers, and align the skilled migration program more closely with Australian labour market conditions.

Source: Migration-Legislation-Amendment-AMSR-Instrument-2026.pdf and 

Migration-Legislation-Amendment-AMSR-Instrument-2026-Explanatory-Statement.pdf