Before nominating an overseas worker for a position in Australia, all sponsors are required to make efforts to recruit a suitably skilled Australian to fill the position. If you wish to nominate an overseas worker for a Temporary Skill Shortage subclass 482 work visa, sponsors must satisfy the Department that they have adequately tested the local labour market and that there are no locally qualified, skilled or experienced Australian citizens or permanent residents readily available to fulfil a position.

Labour Market Testing (LMT) should be in the form of advertising and must meet the following requirements;

  • Be conducted in Australia for a period of 28 days (4 weeks)
  • Be completed no more than 4 months before the nomination is lodged.
  • Advertisements must set out skills and experience requirements specific to the position, a salary or salary range and should clearly identify the employer.

At least 2 position advertisements must be published in any of the following;

  • On a national, professional job recruitment website, this can include LinkedIn however it cannot be restricted to LinkedIn profile members only.
  • On an industry specific recruitment website relevant to the occupation that are in significant use by the industry
  • In national print media – newspapers or magazines that have national reach and are published at least monthly
  • On national radio (programs that are broadcast or syndicated nationally)
  • On the businesses website (only if the sponsor is an accredited sponsor)
  • Advertising can be conducted on your behalf by a third party – make sure they keep evidence (invoices, copies of advertisements)

Points to note;

  • Advertisements must include details of the position, the salary or salary range offered, the employer’s name and any skills, experience and qualifications required for the position.
  • If the advertisement is published on a website it is expected that it would have remained ‘live’ for 28 days.
  • If the advertisement is published in print media or on radio it is expected that applications for the position were accepted for at least 28 consecutive calendar days.
  • You must provide a copy of any invoices for all advertising as evidence for the Department.
  • You will be required to note why any Australian applicants were unsuccessful in their application.
  • Employment contracts must be dated after Labour Market Testing period has been completed.
  • Other examples of ‘evidence’ could include providing a submission detailing why the specific individual is the only person or one of very few people who could undertake the nominated position and no Australian worker is available.

If the person you are nominating is a national or citizen of one of these countries; China, Japan or Thailand or a citizen, permanent resident or national of Chile, South Korea, New Zealand or Singapore then LMT may not be required in limited circumstances.

Contact us: visas@stirlinghenry.com