TSS Visa (Subclass 482) - Labour Market Testing Requirements
Written By Michelle O'Sullivan
Mon, Apr 16, 2018
On 18 March 2018, The Department of Home Affairs implemented the TSS visa, effectively abolishing its predecessor, the subclass 457 visa.
There are many requirements that an employer must meet in order to nominate an employee for a TSS visa.
One such requirement is that the business must have tested the local labour market, in the form of advertising the nominated position, prior to nominating the overseas citizen worker. This requirement aims to satisfy DHA that a suitable Australian worker could not be found to fill the role in question. DHA have set out very particular, rigid requirements as to the types of evidence that they will accept in order to approve a TSS nomination.
Evidence which meets the following criteria will generally be considered sufficient:
1. The nominated position has been advertised in Australia
2. The advertisement was in English and included the following information:
- the title, or a description, of the position
- the name of the approved sponsor or the name of the recruitment agency being used by the sponsor
- the annual earnings for the position (unless the annual earnings will be greater than the Fair Work High Income Threshold, currently AUD 142,000).
3. A least two advertisements were published in one of the following:
- A national recruitment website (for example, jobactive.gov.au) – that is, a prominent or professional recruitment website that publishes advertisements for positions throughout Australia. A general classifieds website or an advertisement solely through a social media notification, such as Twitter, LinkedIn or Instagram is not an acceptable method
- National print media – that is, national newspapers or magazines that are published at least monthly and marketed throughout Australia
- National radio – that is, radio programmes that are broadcast or syndicated nationally.
- The sponsor is accredited – on the businesses' website.
There are limited exceptions to this requirement. 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);
- 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).
TSS Immigration assists employers in nominating overseas workers, ensuring that all nomination criteria are met, and sufficient documentary evidence is provided to DHA. We ensure that all applications are ‘decision ready’, so that the application process is finalised as quickly and smoothly as possible.
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