Changes in Labour Market Testing (LMT) Requirement for Work Sponsored Visas
What’s the New Labour Market testing (LMT) Requirement?
Following the incorporating of LIN 20/156 into the LIN 18/036 which described the period, manner and evidence of labour market testing for various work sponsored visas, all businesses wanting to nominate overseas skilled workers under Subclass 482 Temporary Skill Shortage (TSS) or Subclass 494 Skilled Sponsored Regional (Provisional) visa are now required to advertise these vacancies on the ‘Jobactive’ website in addition to two (2) other websites/print media/on the radio that have national reach in Australia.
These new Labour Market Testing (LMT) requirements will apply to all nominations lodged from 01 October 2020.
Based on a recent announcement from Office of the Migration Agents Registration Authority to all Registered Migration Agents, it is believed that the new law is proposed to combat the recent high unemployment rate within the Australian communities and that future application lodged after 01 October 2020 may be scrutinized by the department.
In short, after 30 September 2020, before a new 482 and 494 nomination application can be submitted, the employer must provide evidence that:
All advertisements must have been publicly listed for at least four (4) weeks (however the period does not need to be continued)
At least three job advertisements must be publicly listed with one at least advertised on the JobActive website
Details of the advertisement must include:
The title and/or description of the position
The skills or experience required for the position (qualifications and employment experience)
The name of the business or recruitment agency (only if the recruitment agency is officially commissioned and authorised by the sponsoring business to post the job advertisements)
Salary for the position if the annual salary is lower than $96,400 (specifying a salary range is acceptable, for example, $80,000 to $90,000)
Duration of advertisements:
Four (4) months immediately before the nomination application is lodged.
At least four (4) weeks from when the advertisement is first published
How Will the New Labour Market Testing (LMT) Requirements Affect You?
As the labour marketing testing (LMT) requirements are mandatory (unless International Trade Obligation apply), any nomination applications that do not meet these relevant requirements will be refused by the department.
How Can Agape Henry Crux Help You
If you are looking to apply for the Subclass 482 visa or the Subclass 494 visa, we encouraged you to contact us as soon as possible as the new requirements may affect your application.
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’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.