What is Labour Market Testing (LMT) to Nominate a Position?

Labour Market Testing (LMT) requires business owners who wish to sponsor skilled workers on a Temporary Skill Shortage (TSS) visa (subclass 482) and a Skilled Employer-Sponsored Regional (SESR) visa (subclass 492). 

Prospective sponsors must demonstrate to the Department of Home Affairs (DoHA) that they can’t fill a specific nominated position within their organisation by an Australian citizen or Australian Permanent Resident (PR).  

Unless an exemption or an international trade obligation (ITO) applies, LMT has had a strict requirement for employer sponsors since 2013, with changes added in response to the COVID-19 pandemic. 

 

What are the LMT requirements? 

Employer-sponsors must undertake LMT within four months before lodging their TSS or SESR nominations, showing that they couldn’t find a suitable candidate in the local labour market for the skills, qualifications, or relevant work experience they are required for the job.  

You can access our document checklist for Temporary Skilled Shortage Visa.

 

How to Meet LMT Requirements? 

Sponsors must also meet the following criteria for LMT: 

  1. Must have posted at least two (2) job advertisements on nationally available recruitment websites such as Seek, Jora or Indeed, in addition to the one posted in the government-run Workforce Australia; and 

  2. The advertisements are published “live” for at least 28 days. 

The nominated job advertisements must also show the following: 

  1. Job title; 

  2. The position and skills descriptions; 

  3. Name of the business sponsor or the recruitment agency the business is using (if applicable); and 

  4. Salary or salary range. 

Job advertisements that are posted on social media like Facebook or Instagram, or on general sites such as Gumtree are not acceptable.

 

How Can Agape Henry Crux Help   

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.   

We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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