KEY TAKEAWAYS
- Equivalent-worker comparison considered
- External data dated and relevant
- Hours, location and package basis reconciled
Look for a genuinely comparable worker
Where there is an equivalent Australian employee, compare duties, skill level, seniority, hours and location rather than job title alone. Record material differences and explain them. Keep confidential payroll information controlled and provide only what is needed.
If no equivalent employee exists, identify suitable external evidence and explain why it is comparable. An employer-created salary range without supporting context may say little about the actual market.
Choose evidence that reflects the position
Useful material may include applicable industrial instruments, comparable advertisements and credible salary surveys, depending on the circumstances. Examine whether a survey covers the correct location, occupation, experience and reporting level.
A national executive salary average is a weak comparison for a junior role in a different setting. Likewise, an advertisement showing an inclusive package should not be compared directly with base salary without explaining the difference.
Write the reasoning before lodging
Prepare a brief salary assessment note identifying the position, evidence reviewed, relevant dates and calculation. Check it against the contract and nomination forms. If the proposed salary changed during recruitment, document why and check whether the surrounding evidence remains suitable.
In a hypothetical engineering business, two employees may share a title but have very different project responsibility. The salary assessment should explain that distinction rather than merely copying one employee’s pay. Emigrate Lawyers can assess whether the comparison is coherent and whether additional material would help.
YOUR NEXT STEP
Preparation checklist
- Equivalent-worker comparison considered
- External data dated and relevant
- Hours, location and package basis reconciled
- Written explanation linked to the contract
Use this list to organise a discussion. It is not a complete application checklist or an eligibility assessment.
Common questions
Is paying above the threshold enough?
No. The applicable market salary requirement must also be addressed.
Can we use one online salary estimate?
Its relevance and reliability need assessment. More contextual evidence may be required.
YOUR CASE. OUR COMMITMENT.
The Emigrate Lawyers Difference
A visa application sits within a career, a business and a family’s plans. We connect the legal requirements with the evidence and decisions that matter to you.
Lawyer handled
Your case is overseen and handled by a lawyer, with a clear point of contact and advice tailored to the facts.
Fixed fee clarity
A fixed fee for the agreed scope, explained before engagement. Government charges and third-party expenses are identified separately.
No monthly administration fees
Transparent costs without monthly administration fees. Any additional work is scoped and agreed before it proceeds.
A plan you can follow
Understand what to prepare, who supplies it and what comes next. Where we assist both parties, representation and confidentiality are addressed at engagement.
From information to a clear next step
- Share your starting point. Tell us the role, current visa, employer arrangements and any deadline.
- Understand the assessment. We identify the appropriate service, evidence questions and scope of advice.
- Decide with clear costs. Review the engagement and fee proposal before legal work begins.
Sources and further reading
- Home Affairs: salary requirements
- Home Affairs: nominating a position
- Migration Regulations 1994: Parts 482 and 186, regulation 2.72 and Schedule 8 as relevant
Published 26 October 2026. Official guidance and legislation should be checked again before acting. Examples are hypothetical and photographs are illustrative. Information on this website is general information and does not constitute legal advice. Visa requirements and government charges can change. Obtain advice specific to your circumstances.



