Certain visas require testing the local labour market in Australia before nominating an overseas worker in an eligible occupation. You must show to the Department that no suitable worker is present in Australia for a particular skill for which you are nominating an overseas skilled worker. This is called Labour market testing (LMT). LMT generally requires the employer (the approved sponsor) to advertise the position for an eligible occupation and provide evidence of the same at the stage of nomination application.
Period, Manner and Evidence of Advertisements
- Advertisements must be done within the 4 months period immediately before lodging a nomination application.
- At least TWO advertisements must be published in any of the following mediums:
- Professional recruitment website with national reach in Australia (such as Seek, LinkedIn); or
- Print media with national reach in Australia (such as newspapers or magazines); or
- Radio with national reach in Australia; or
- On employer’s website if the employer is an approved accredited sponsor.
- Advertisements must be made in Australia in English language.
- Advertisements must include:
- Title or description of the position;
- Skills or experience required for the position;
- Name of the sponsor or the name of the recruitment agency, as the case may be;
- Salary for the position (exemption if the annual earnings for the nominated position are higher than AUD $96,400).
- Advertisements must have run for at least 4 weeks (28 days) accepting applications and/ or expressions of interest for the advertised position.
Changes brought by Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020
The Instrument proposed to include additional requirement of mandatorily advertising the nominated positions on the Government website, JobActive. The Instrument also specifies that it is applicable to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made after the end of the period of 28 days beginning on the day of commencement of the Instrument, i.e. 01 October 2020.
Accordingly, the sponsors who are considering employing overseas skilled workers on these visa Subclasses, will have to advertise the vacancies for the nominated occupations on JobActive, in addition to at least two other advertisements. If you are seeking more information on LMT or want to speak to experienced Registered Migration Agents, call us on +61 2 4626 1002. Alternatively, you can Contact Us and one of our visa agent will get back to you shortly.
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