Does Subclass 400 Work Need to Meet the TSMIT Salary Threshold in 2026?
No — Subclass 400 does not carry a TSMIT salary threshold as a visa criterion. The criteria set out in Schedule 2 of the Migration Regulations 1994 ask whether the work is highly specialised (clause 400.221), whether it is non-ongoing (clause 400.222), and whether it would adversely affect the employment or training opportunities, or the employment conditions, of Australian citizens and permanent residents (clause 400.224) — none of them names a dollar figure. The AUD 73,150 figure enters through the Department of Home Affairs' PAM3 guidance as an assessment reference under clause 400.224. Separately, the document checklist on the Department's Temporary Work (Short Stay Specialist) visa (Subclass 400) official page (as of the August 2026 official page) requires the employer's letter or contract to state your employment conditions and wages and the Australian workplace standards or Industry Award that applies to the position.
So what is the AUD 73,150 figure actually doing here?
It is a benchmark used when a case officer tests clause 400.224, not a threshold you either clear or fail. Under the PAM3 guidance, work at skill levels 1–3 should be paid at least at the level referred to as TSMIT, quoted there as AUD 73,150 a year. Pay below that level does not automatically breach a regulation; it invites scrutiny of whether the arrangement undercuts Australian employment conditions.
| Where it appears | What it governs | What happens if pay is lower |
|---|---|---|
| Migration Regulations 1994 Schedule 2 | No salary amount in clauses 400.211, 400.221, 400.222 or 400.224 | No direct legal threshold to miss |
| PAM3 guidance (clause 400.224 assessment) | Reference point of AUD 73,150 a year for skill level 1–3 work | Scrutiny of the effect on local wages and conditions |
| Home Affairs official page, work documents | Employer document must state wages, conditions and applicable Award or standards | Incomplete evidence rather than a salary refusal ground |
Figures of this kind are revised over time and the PAM3 guidance should be read alongside the official page, so treat any dollar amount as one to confirm against the Department's current published guidance.
What does the employer letter or contract have to say about pay?
The official page lists the points the letter of invitation, job offer, employment contract or other document from the Australian organisation should confirm:
- details of your position, duties, or project of work
- the duration of the work
- the reason why you are required to work in Australia
- support for your visa application
- your employment conditions and wages
- the Australian workplace standards or Industry Award that applies to your position
Two of those six items are pay-related. The wages line tells the case officer what you will earn; the Award line tells them which Australian standard governs the role. The same page notes that workers in Australia, including visa holders with permission to work, have rights under Australian workplace law, and points to the Fair Work Ombudsman's Pay and Conditions Tool (PACT) for pay rates, shift calculations, leave arrangements and notice and redundancy entitlements. Freelance arrangements are possible in some cases — the page gives the example of a freelance journalist or photographer on a media assignment — and those applicants need to provide an itinerary and the details of the work assignment instead.
When will you be asked for a wages and job classification declaration?
According to the PAM3 guidance, the declaration expectation attaches to lower-skilled applicants and to longer stays, where a case officer needs to see both the pay and how the role has been classified before deciding whether clause 400.224 is satisfied. The guidance also directs attention to the employer's history of compliance and to whether the Subclass 400 route is being used to bring in lower-cost labour that should instead go through a sponsored pathway; large team applications, rotating workers and non-technical roles are treated as higher risk.
This is general information rather than advice tailored to one set of facts, and the way these tests land depends on the evidence in front of the case officer, so the official pages and any professional advice you choose to obtain should govern a specific application.
Does the six-month limit change anything about pay?
The stay limit and the pay question are separate. The official page states that the visa allows a stay of up to six months depending on the circumstances, that it cannot be extended, and that you must be outside Australia both when you apply and when the application is decided. The regulations reinforce this through clause 400.222, which frames the work as non-ongoing and capable of being completed within a continuous six-month period.
Length still colours the pay assessment: the longer the stay and the lower the skill classification, the more a case officer is likely to look closely at wages, the applicable Award and the employer's reasons for not recruiting locally.
Frequently Asked Questions
Is TSMIT a legal requirement for a Subclass 400 visa?
No. No salary threshold appears in the Subclass 400 criteria in Schedule 2 of the Migration Regulations 1994. The AUD 73,150 figure is used in the Department's PAM3 guidance as a reference point when assessing clause 400.224.
Where does the AUD 73,150 number come from?
It is the TSMIT figure quoted in the PAM3 guidance for work at skill levels 1–3, used to judge whether pay is consistent with Australian employment conditions. Salary reference figures change over time, so confirm the current amount in the Department's published guidance.
Can a Subclass 400 application be refused over pay alone?
Pay is not a standalone criterion, but clause 400.224 requires that the work not adversely affect the employment conditions of Australian citizens and permanent residents. Pay well below the reference level, combined with a low skill classification or a long stay, can support a refusal on that ground.
Does the employer letter need to name an Award?
Not necessarily an Award. The Home Affairs official page asks the employer document to state your employment conditions and wages and the Australian workplace standards or Industry Award that applies to the position. Where an Award applies, pay is assessed against it rather than only against a general threshold.
What if my overseas employer pays me, not an Australian organisation?
The official page allows financial support to come from allowances, accommodation and other help from an employer, and the PAM3 guidance treats overseas salary, allowances and personal savings as possible funding sources. The position, wages and applicable standards still need to be documented.
Do family members affect the pay question?
Not directly. Family members included in the application are not permitted to work or study in Australia, except to do a language training program, and you must show that you and your family have enough means to support yourselves.