Labour Market Testing (LMT) No Longer Required for Malaysians to Work in Australia
Under current International Trade Obligations (ITO), organisations will no longer need to test the local Labour Market Testing (LMT) before sponsoring Malaysian citizens for work in Australia on a Temporary Skill Shortage (TSS) (Subclass 482) Visa.
The Department of Home Affairs’ new interpretation of mobility provisions in the Malaysia-Australia Free Trade Agreement (MAFTA) has made it quicker and easier for organisations to sponsor Malaysian employees.
How does the Labour Market Testing (LMT) Exemption for Malaysians apply under the Government’s current interpretation?
Typically, an LMT exemption under the International Trade Obligations (ITO) requires an applicant to meet an ‘exemption category’. According to the Department’s interpretation of the MAFTA’s mobility provisions, it functions as an LMT exemption, meaning all Malaysian citizens may be exempt from LMT requirements when applying for a Temporary Skill Shortage (SC482) Visa.
What Do LMT Exemptions Mean for Organisations & Eligible Malaysian Applicants? | Labour Market Testing Australia
Usually, for organisations to meet Subclass 482 TSS Visa LMT requirements, they must conduct local advertising for the nominated role in specific ways. This includes strict requirements relating to:
The platforms used to advertise the role
The period of the role is advertised
The duration of the advertisement's validity for nomination.
Content and salary requirements for the advertisement
Identifying the number of local candidates and the reasons they were unsuitable
Given that the process of LMT is technical and can take weeks to complete, even after the employer has advertised in Australia, the exemptions under the International Trade Obligations (ITO) with Malaysia allow organisations to fill positions affected by skill shortages more quickly if they have identified suitable candidates from Malaysia.
What About Other Countries with International Trade Obligations (ITO)? | Labour Market Testing Australia
While we now have a better understanding of how the International Trade Obligations with Malaysia work for Malaysians, it remains unclear if a similar interpretation will apply to citizens of other countries with International Trade Obligations (ITO).
This is because it will depend on how the Government defines ‘LMT exempt categories’ for each country.
How Can Agape Henry Crux Help
We therefore recommend you contact Agape Henry Crux team to discuss your unique circumstances and whether an LMT exemption may apply to:
Citizens/nationals of Brunei, China, Japan, Mexico, Peru, Thailand and Vietnam or;
Citizens/nationals/permanent residents of Canada, Chile, South Korea, New Zealand, Singapore and the United Kingdom (UK).
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling 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, Cantonese 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.