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New LMT for TSS visas from 12 August 2018: FAQ

Written By Shannon Dutt
Thu, Aug 23, 2018
Shannon Dutt

As of 12 August, new Labour Market Testing (LMT) requirements for the Temporary Skill Shortage (TSS) subclass 482 visa are in force.

Here are some Frequently Asked Questions about the new requirements for sponsors.

How many advertisements must be posted for LMT?

At least two (2) advertisements commissioned by the sponsor, the nominated position may be advertised in:

  • the same medium (on two separate occasions) or
  • any two different mediums simultaneously or
  • any two different mediums on two separate occasions

Where can I advertise?

  • in Australia, in English.
  • on a recruitment website with national reach in Australia (for example, jobactive.gov.au) – that is, a prominent or professional recruitment website that publishes advertisements for positions throughout Australia,
  • in print media, i.e national newspapers or magazines that are published at least monthly and marketed throughout Australia
  • on national radio, i.e radio programmes that are broadcast or syndicated nationally, or
  • if you’re an accredited sponsor - on the approved sponsor’s website. 

What detail must each advertisement include?

  • the title or a description of the position
  • the skills or experience required for the position
  • the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency to advertise, the name of the recruitment agency
  • the salary for the position, if the annual earnings are lower than 96,400 AUD. it is acceptable to publish a salary range - for example “55,000 AUD to 65,000 AUD”
  • the date the advertisement was posted

When must LMT occur?

LMT must be undertaken within the 4 months before the nomination application is lodged.

How long does each advertisement need to be published for?

  • Each advertisement must be “live” for at least 28 days
  • If the advertisement is published in print media or on radio, it is expected that applications or expressions of interest for the advertised position were accepted for at least 28 consecutive calendar days

Example: Approved sponsor, Harvey Birdman Pty Ltd seeks to nominate Jane Smith (a Canadian citizen) in an eligible position for the TSS visa (subclass 482). They tried to recruit locally but did not receive any suitable applications. They posted two online ads on 9 July 2018 on separate job search websites with national reach. The ads were active for 35 days. They were pleased to finally find a suitably qualified applicant and decided to offer the position to Jane. They deactivated the ads and subsequently drew up an employment contract for Jane. The nomination application was lodged on 15 August. The LMT was conducted in the 4 months prior to lodgement, and each ad was active for at least 28 days.

Do advertisements on Social media count?

  • A general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram is not an acceptable method
  • LinkedIn's online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are NOT acceptable for LMT purposes.

What Evidence do I need to provide to show LMT?

  • Copy of the advertising material meeting all the requirements listed above

Alternative evidence for “select positions” or “select occupations” (in lieu of advertising)

  • If the nomination falls under a select occupation/position*, the sponsor must provide a written submission that provides reasons why a suitably qualified and experienced Australian citizen or Australian permanent resident, or suitably qualified and experienced eligible temporary visa holder, is not readily available to fill the nominated position.
  • In this case the sponsor would not be required to provide evidence of advertising material

When would LMT NOT be required at all?

LMT is not a nomination requirement if:

  • The nominee is a Citizen/national of China, Japan or Thailand or citizen/national/permanent resident of Chile, Korea, New Zealand or Singapore
  • The nominee is a current employee of a company that is an associated entity of the sponsor; and located in Chile, China, Japan, Korea, New Zealand or any ASEAN nation (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam); or
  • The nominee is a current employee of an associated entity of the sponsor’s business that operates in a WTO member country; nominated as an Executive or Senior Manager; and will be responsible for the entire or a substantial part of the company's operations in Australia
  • The nominee: is nominated as an Executive or Senior Manager; is nominated by an overseas business sponsor operating in a WTO member country; and will be responsible for the establishment of a new operation of that business in Australia.
  • The nominee is a citizen of a WTO member country and is being nominated by an employer for whom the nominee has worked in Australia on a continuous, full-time basis for two years immediately before the nomination is lodged.

This means that LMT would not be required for a new nomination lodged by the same sponsor or an associated entity of that sponsor provided:

  • the visa applicant/holder will be staying in the same nominated position; and
  • either the new sponsor is still an associated entity of the original sponsor or the employer has stayed the same (that is, even if one company has ceased to exist).

*Select occupation or position

  • an occupation or position in a profession which requires its occupant to have an internationally recognised record of exceptional and outstanding achievement in the relevant profession or field (including Sport, Academia and research, or top-talent chef);
  • an occupation that is to be filled by a person who is employed by a company operating an established business overseas; and nominated by a sponsor who is an associated entity of that company, operating in Australia;
  • an occupation that is held by an existing holder of a 482 or 457 visa for which a new nomination has been lodged solely because the annual earnings that will apply to the nominee have changed OR a change in business structure has resulted in the nominee’s employer lodging a new application to be approved as a standard business sponsor;
  • an occupation for which the annual earnings of the occupant will be equal to or greater than $250,000.00 AUD;
  • an occupation within ANZSCO Minor Group 253 - Medical Practitioners, that is not ANZSCO 253111 General Medical Practitioner; or ANZSCO 253999 - Medical Practitioners nec; or an occupation within ANZSCO Unit Group 4111 - Ambulance Officers and Paramedics.

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