Labour Market Testing (LMT) Refresher
Written By Shannon Dutt
Tue, Apr 16, 2019
Labour Market Testing (LMT) is a time of application requirement for all Temporary Skill Shortage (TSS) subclass 482 Nominations.
Given the timeframes and costs associated with Nominations, LMT is an essential component that must meet very specific requirements for TSS visa applications.
Without proper LMT evidence, a TSS visa application can fail, costing businesses essential time and money.
Essential requirements for LMT:
- Evidence of at least two (2) separate complete advertisements
- Advertised in Australia, in English.
- on a recruitment website with national reach (for example, jobactive.gov.au, Seek, Jora, Indeed)
- if you’re an Accredited sponsor - on the approved sponsor’s website.
Details required for each advertisement:
- Position title and description
- Skills required for the role
- Qualifications required (if applicable)
- number of years’ experience required
- Name of the approved sponsor; or
- if the approved sponsor has engaged a recruitment agency to advertise, the name of the recruitment agency
- Salary, if the annual earnings are lower than 96,400 AUD.
- It is acceptable to publish a salary range - for example “55,000 AUD to 65,000 AUD”
- Type: Full time position
- cannot state Part time or Casual
Timing: When LMT must be carried out
LMT must be undertaken within the 4 months before the nomination application is lodged; AND
Each advertisement must be “live” for at least 28 days
Do advertisements on Social media count?
A general classifieds website (such as Gumtree) or an advertisement through a social media notification, such as Twitter or Instagram is not an acceptable method
LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are NOT acceptable for LMT purposes.
Alternative evidence for “select positions” or “select occupations” (in lieu of advertising)
If the nomination falls under a select occupation/position*, the sponsor must provide a written submission that provides reasons why a suitably qualified and experienced Australian citizen or Australian permanent resident, or suitably qualified and experienced eligible temporary visa holder, is not readily available to fill the nominated position.
In this case the sponsor would not be required to provide evidence of advertising material
*Note: TSS Immigration would provide guidance as to whether the position falls within the “Select position or Select occupation” definition.
Exemptions: When LMT is NOT required at all
LMT is not a nomination requirement if it is inconsistent with International Trade Obligations.
LMT evidence is not required if one of the following applies to the nominee:
- They are a Citizen/national of China, Japan, Mexico, Vietnam or Thailand
- They are a Citizen/national/permanent resident of Canada, Chile, Korea, New Zealand or Singapore
- They are a current employee of a company that is an associated entity of the sponsor; and located in Chile, China, Japan, Korea, New Zealand or any ASEAN nation (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam);
- They are a current employee of an associated entity of the sponsor’s business that operates in a WTO member country; nominated as an Executive or Senior Manager; responsible for the entire or a substantial part of the company’s operations in Australia
- They are nominated as an Executive or Senior Manager, nominated by an overseas business sponsor operating in a WTO member country; and will be responsible for the establishment of a new operation of that business in Australia. They are a citizen of a WTO member country and being nominated by an employer for whom they have worked in Australia on a continuous, full-time basis for two years immediately before the nomination is lodged. This includes work for an associated entity of the employing sponsor.
Note: TSS Immigration assesses each application carefully to ensure that the LMT requirements are met prior to lodgement and can assess if any exemption or alternative evidence can apply.
Current at April 2019
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