April 7th, 2024 at 05:58 am
Labour Market Testing Requirements for Australian Sponsorship
The Labour Marketing Test, or LMT, is a program that allows sponsors to demonstrate that they have investigated the local labour market before bringing international skilled people to the country. So, the labour marketing test ensures that local workers have the opportunity to apply for unfilled positions before sponsors turn to overseas labour. Employers must include documentation of labour market testing in their nomination application to the Department of Home Affairs, Australia.
Labour Market Testing Requirements for Australian Visa Sponsorship
The following are the conditions for labour market testing for certain Australian visa sponsorships.
1. Advertising Requirements
Employers must advertise employment vacancies on permitted channels for a set length of time. These mediums may include online employment portals, national print media, and government job boards. Furthermore, a business must submit at least two job advertisements for a specific vacancy.
Advertisement content must have these details:
- Job position, title, or description
- Required qualifications and skills
- Application process
- The salary of the job, in the event that it falls short of AUD$ 96,400.
2. Advertising Duration
Certain norms and regulations govern how long a job vacancy can be advertised. This period usually allows local applicants adequate time to apply. Furthermore, it benefits the employer by allowing him enough time to examine the skill pool. Typically, adverts run for a minimum of four weeks, during which applications are allowed.
3. Employment Requirements
The credentials, skills, and experience required for the specific employment post must be clearly stated in the job advertisement. Employers must ensure that employment qualifications are not overly restrictive or tailored to favour international applicants over local ones.
4. Required Documents
Employers must maintain a record of the labour market testing process. The record includes documentation such as proof of job posting, the number of local applications received, and any steps taken to hire local talent.
5. Compliance Verification.
Immigration authorities conduct audits or checks to ensure that employers are in compliance with Labour Market Testing (LMT) laws. Failure to comply with LMT requirements can result in fines or the refusal of foreign worker visa applications.
Recent Changes in Labour Market Testing
The labour marketing test parameters have shifted dramatically starting of December 11, 2023. These modifications are:
Instead of three, employers must now run two valid adverts.
It is not required to place adverts on the government’s job boards, Workforce Australia.
Exemptions From Labour Market Testing
Under some conditions, companies and businesses are not required to do labour market testing. These include:
- Occupational exemptions
- International Trade Obligations (ITO
1. Occupation-based exemptions
Previously, occupation-based exemptions for labour market testing were available under the Temporary Work visa (subclass 457). Currently, they are not eligible for the Temporary Skills Shortage Visa (subclass 482) or the Skilled Employer-sponsored Regional Visa (subclass 494).
2. International Trade Obligation (ITO)
Some International Trade Organizations (ITOs) waive labour market testing, notably for nominees from specific countries and executive or senior management roles. LMT does not apply to the following individuals:
A national of South Korea, New Zealand, Singapore, Canada, Chile, Brunei, China, Japan, Mexico, Malaysia, Peru, Thailand, Vietnam, or the United Kingdom.
A worker for a connected company in any of the following countries: the United Kingdom, Canada, Chile, China, Japan, Mexico, South Korea, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands, or Vanuatu.
A national of a World Trade Organization member country or territory who has worked full-time in Australia for the last two years in the designated role.
3. Alternative arrangements.
You are not required to precisely comply to the LMT standards since, under certain conditions, you may make alternative arrangements. For example, as an employer, you may have additional plans in place if:
- The candidate is a top performer in their industry with international recognition, such as a professional athlete.
- The candidate is a current employee with a valid TSS or SERS visa, and the primary reason you’re submitting a nomination application is that your company’s structure or remuneration has changed.
Important: This is not a full list. As a result, you must seek professional guidance to determine if your organization qualifies for a labour market testing exemption before nominating employers for subclass 482.
FAQs
How can you become eligible for an Australian-sponsored work visa?
To be eligible for an employer-sponsored visa in Australia, you must complete the following requirements:
- Your occupation must be included on the Skilled Occupation List (SOL).
- You must have at least two years of experience in your relevant occupation.
- Is labour market testing required for category 482 visas?
- Labour market testing (LMT) is necessary to nominate employers for a Temporary Skills Shortage Visa (subclass 482) and a Skilled Employer Regional Sponsored Visa (subclass 494).
How long does labour market testing take?
The labour market testing procedure normally takes five to six weeks to complete. Typically, the job ad will be active for 28 days.
What exactly is meant by Australia’s labour market impact assessment?
The term “labour market impact assessment” refers to a confirmation letter indicating that an international skilled worker is required to fill a specific vacant post in Australia. Once you have received your confirmation letter, you can apply for a work visa. The validity period for this effect assessment is 18 months.
Conclusion
So, by now, you should understand the concept of labour market testing in Australia. If you want to sponsor a skilled worker on a subclass 482 or subclass 494 visas, you must first file a nomination application. Attach evidence of labour market testing to your nomination submission.
However, LMT is not required to sponsor employees under TSS visa subclass 482. You can also make alternative arrangements in some circumstances. However, if you are puzzled or have any questions, it is best to get professional assistance.
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