Labour Market Testing

The Labour Market Testing (LMT) is a crucial component of the Australian immigration system. LMT is the process of testing the Australian labour market to determine if there is a need for a foreign worker to fill a specific position. The LMT is mandatory for most employer-sponsored visa applications, including the Subclass 482 Temporary Skill Shortage visa and the Subclass 494 Skilled Employer-Sponsored Regional visa. The LMT process can be complex and time-consuming for employers, particularly those unfamiliar with Australian immigration regulations. Employers must ensure that they comply with the specific advertising requirements outlined by the Department of Home Affairs and provide evidence that they have conducted the LMT process for the nominated position in accordance with legislation. . The general requirements for Labour Market Testing for Subclass 482 nominations and 494 nominations are outlined below. However, certain exemptions or alternative submissions apply. Accredited sponsors have some additional options for advertising. If you are an employer considering sponsoring a foreign worker, SCA Connect can work with you to guide you through the LMT process and ensure compliance with Australian immigration regulations, thus avoiding costly errors. To satisfy LMT requirements:

• the advertisement must have been conducted in the 4 months prior to lodgement of the nomination, or if the business has made any redundancies in the occupation in the last 4 months, the LMT must be completed after redundancies;

• the advertisement must have remained live for at least 28 days within the 4 months period or completed after redundancies in the occupation in the last 4 months;

• the advertisement can be paid or unpaid;

• a third party may have undertaken the advertisement, provided the third party was commissioned or authorised by the sponsor to advertise the position;

• at least three advertisements must be published on a prominent national recruitment website, in national print media or on national radio. One advertisement must be on Workforce Australia.
  

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Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case-specific information or advice, please contact SCA Connect.