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Confirmation of New Labour Market Testing Requirements

Written By Lauren Mennie
Fri, Oct 9, 2020
Lauren Mennie

Labour Market Testing for Temporary Visas

In September 2020, the Australian government released new legislation around the Labour Market Testing (LMT) requirements for employer-sponsored visas.

According to the Department of Home Affairs website, evidence of a total of 3 advertisements must be provided at the time the nomination (subclass 482 TSS visa or subclass 494 SESR visa) is lodged, including an advertisement published on the government’s Jobactive website.

The rest of the advertisements can be listed on:

  • a recruitment website with national reach in Australia (other than Jobactive);
  • print media with national reach in Australia;
  • radio with national reach in Australia;
  • if an accredited sponsor – on the sponsor’s website.

The Department of Home Affairs website provides instructions on what must be included in the advert, and how long it is required to be live. Nominations that do not meet the new LMT requirements will be refused.

Nomination applications lodged before 1 October do not need to meet this additional LMT requirement.

Labour Market Testing for Permanent Visas

Give the economic impacts of COVID-19 the Australian Government advised that there would be an expectation that positions will be advertised on Jobactive before nominating a worker for permanent ENS (186) and RSMS (187) visa in order to demonstrate a genuine need to fill the position.

Employers who are in this position are encouraged to contact us for case specific advice. We advise caution when submitting ENS (186) and RSMS (187) applications without evidence or an explanation of recruitment efforts.

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