Assuming that the position that you are trying to fill has been identified and listed on either the STSOL or the MLTSSL, and you are able to sponsor the individual, then you must make sure you meet the Labour Market Testing (LMT) requirements. Please note that Immigration is automatically refusing the TSS 482 visa if the LMT is not 100% correct.
For a nomination to be approved, you have to ensure that there is no suitable skilled or experienced Australian currently available to fill in the nominated position. The LMT has been in the requirements list for a long time, however, the government has made it more stringent now.
LMT demonstrates that the company have already tested the local market before lodging a nomination for an overseas skilled worker. One of the key requirements is that the company has proof of running advertisements for a minimum of 28 days and no longer than 4 months stating that they looked for a suitable skilled Australian employee before employing an international under the Temporary Skill Shortage subclass 482 visa.
The Labour Market Testing requires evidence of at least two major advertisements on a Job Board/ Job Recruitment website available nationally like,
www.careerone.com.au etc.
Also, another major evidence that should be outlined in the advertisements is to mention the salary of the position nominated (unless the salary is higher than $96,400).
However, it is necessary to know that job advertisements on Gum Tree, Facebook, LinkedIn will not be accepted.
LMT still applies even if the individual is already working in the position under a subclass 457/ TSS 482 visa or any other visa.
The Department would generally be satisfied that the LMT requirement is met under the policy requirements mentioned below:
- The nominated position has been advertised in at least two of the recommended websites in Australia for a minimum of 28 days prior to the lodgement.
- The advertisement was in English and includes the title/ job description or the position of the nominated employee along-with the annual earnings for the position.
- The name of the sponsor or the recruitment agency being used by the sponsor.
- The skills or experience required for the nominated position.
Exceptional circumstances:
- If your candidate has a recognised record of exceptional and outstanding achievement in a profession, sport, the arts or academia and research under the policy of alternative evidence that could be considered sufficient to demonstrate that a ‘suitably qualified and experienced Australian worker is not available to fill the nominated position’.
- If your candidate holds an existing TSS or subclass 457 visa for which a new nomination has been lodged solely because; either the annual earnings that will apply to the nominee have changed or a change in the business structure or plan resulted in lodging a new application for the nominee’s employer.
Evidence of Labour Market Testing for Labour Agreements: Labour Agreement sponsors are expected to meet the above requirements at the nomination stage unless otherwise outlined in the labour agreement.
If you are unsure whether you will have met the Labour Market Testing (LMT) requirements, speak to us. Pendragon is a visa specialist company.
For further information please don’t hesitate to contact us, book an appointment or reach us at [email protected] or 02 9407 8700 where one of our Australian team members will gladly help you.
