New Labour Market Testing Requirements

Recruitment Efforts

LMT for Temporary Visas

Following a blip which saw the release of the new Labour Market Testing (LMT) legislation on 1 October 2020 with a significant error, Immigration has now confirmed the requirements for employer-sponsored Subclass 482 TSS and Subclass 494 SESR visas are just as onerous as originally announced last month.

Employers looking to nominate a foreign worker for the TSS visa or 494 SESR visas will now be required to advertise the nominated position in three different places, one of which must be the Government's Jobactive website.

The balance two advertisements can be 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.

As per previous requirements, advertisements must be 'live' for at least 28 days, with LMT completed within the 4 months immediately prior to lodgement.

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

LMT for Permanent Visas

Immigration had also announced their expectation that employers nominating workers for permanent ENS and RSMS applications would also need to provide evidence of undertaking LMT as per the new guidelines. It was not clear if this was meant to include Temporary Residence Transitional applications as well as the Direct Entry applications.

At time of publishing this blog, no mention of LMT for ENS and RSMS has been made in the new legislation and Department policy has not yet been updated to reflect this expectation. We advise caution when submitting ENS and RSMS applications without evidence or an explanation of recruitment efforts. Employers are welcome to contact Acacia Immigration with any queries.

Stay up to date - Subscribe to Immigration News!