Labour Market Testing: Temporary Skill Shortage (Subclass 482) Visa – Ultimate Guide

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Temporary Skill Shortage (Subclass 482) Visa

Labour Market Testing (LMT) – Fast Facts

Nomination applications under the Temporary Skill Shortage (Subclass 482) visa program now require evidence of Labour Market Testing. In short, you will need to provide evidence that you cannot find a suitably qualified and experienced  Australian worker to fill the nominated position by providing copies of advertisements you have placed for the position. The advertisements must meet certain requirements and must be provided to the Department of Home Affairs at the time the nomination is lodged (they cannot be provided post lodgement).

Are there any exemptions to Labour Market Test?

An exemption to Labour Market Testing is only available if it would be inconsistent with Australia’s international trade obligations.

What are the Labour Market Test requirements?

Please find details of the Labour Market Testing requirements below:

Duration of Labour Market Testing
  • Minimum of four weeks. However, the four weeks does not need to be consecutive. For example, the requirement will be satisfied if advertising was conducted for an initial period of two weeks, which was then paused for three weeks, and then recommenced for a further two weeks (ie. a total of four weeks advertising campaign with a three week gap in the middle)
Period of Labour Market Testing
  • Labour Market Testing must have been conducted in the four months immediately prior to lodgement of the nomination application
  • If there have been redundancies or retrenchments of one or more Australian citizens or Australian permanent residents  in the nominated occupation in a business, or an associated entity, of the approved sponsor, the labour market testing must be undertaken after those redundancies and retrenchments (information about these redundancies or retrenchments must also be provided)
Method of advertising
  • At least two advertisements are required (this can be on two different mediums simultaneously or on two separate occasions)
  • Recruitment website with national reach in Australia such as SEEK or jobactive.gov.au . This includes LinkedIn’s online recruitment platform provided advertisements are not restricted to LinkedIn profile members only
  • Industry specific recruitment sites that are in significant use by the relevant industry are also acceptable
  • A general classified website (such as Gumtree) or an advertisement solely through social media (such as Twitter or Instagram) are not acceptable methods
  • If the sponsor is an accredited sponsor – the business website of the sponsor   
  • Print media or radio with national reach in Australia
Information required in the advertisement
  • Advertisement must be in English
  • Position title/description of the position
  • The skills or experience required for the position
  • The name of the sponsor or if the sponsor has engaged a recruitment agency for the purposes of Labour Market Testing, the name of the recruitment agency
  • The salary for the position, if the intended annual earnings for the nominated position are lower than A$96,400 – a salary range is acceptable for this purpose
Evidence which must be provided
  • Copy of advertisements (paid or unpaid) – evidence of payment for advertising is no longer required
  • For positions subject to alternative requirements (please see below) – a written submission from the sponsor explaining why a suitably qualified and experienced Australian citizen or Australian permanent resident is not readily available to fill the nominated position
Positions subject to alternative requirements
  • Where a new nomination is required for an existing 457 or 482 visa holder solely because of a change in business structure or annual earnings
  • An occupation in a profession, or in the fields of sport, academia and research or top-talent chef, where the applicant has an internationally recognised record of exceptional and outstanding achievement in the relevant profession or field
  • An occupation that is to be filled by a person who is (1) employed by a company operating an established business overseas and (2) nominated by a sponsor who is an associated entity of that overseas company, operating in Australia
  • Occupations for which the annual earnings will be A$250,000 or more
  • Certain key medical occupations
Exemption to the Labour Market Testing requirement
  • Exemption only where international trade obligation applies

Maria is a Registered Migration Agent (MARN:1067049) and the Manager of the Immigration team at SIRVA Immigration.

SIRVA Inc. is a leading worldwide provider of corporate relocation services and moving solutions, providing more than 300,000 relocations per year to companies, government employees, and individual consumers. SIRVA operates in more than 40 countries with approximately 6,000 employees and an extensive network of agents and other service providers in over 160 countries.

Disclaimer: The information provided herein is of a general nature only and does not constitute legal or other professional advice. Immigration requirements change on a regular basis. For more detailed, up to date and case specific information or advice, please contact SIRVA Relocation. This information is current as of September 2018 and is subject to change in the future.  

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