If an Australian business is planning to sponsor you on a 482 visa, they may need to carry out labour market testing (LMT) first. This means advertising the position so that Australians have the chance to apply before you nominate someone else.
You might think listing a job on their company Facebook page or website is enough, but it’s not! Employers need to be very careful with LMT or risk a refusal. The Government has made it clear what meets their LMT requirements, and what won’t cut the mustard.
LMT is a requirement for the 482 (TSS visa), which replaced the 457 visa earlier this year.
Why does my employer have to do labour market testing?
Immigration expects employers to determine if a local applicant can fill a position, prior to nominating an overseas national. This was the case for some occupations under the 457 visa (nurses, engineers and trades) but it now applies to all occupations for a 482 visa nomination (unless an exemption applies).
How long does the employer need to advertise?
Sponsor must show that they have placed two advertisements that have been ‘live’ for at least 21 consecutive days (soon to be 28 days) prior to lodging the nomination.
I found the job advertised on LinkedIn. Can my employer use this ad?
Advertisements placed on social media, Gumtree, LinkedIn or on the employer’s own website will not meet the 482 visa labour market testing requirement.
My employer already advertised for the job. Can we use these ads?
Yes, but only if they meet the requirements. They must be dated less than 12 months (soon to be four months) from the date the 482 visa nomination is lodged, and have the necessary information in them.
What information needs to be in the ad?
The ads need to be in English and state the offered position, the job tasks, the name of the sponsor and the offered salary.
Are there any exemptions to the labour market testing?
Yes. The sponsor is exempt if the nominee is a citizen/national of China, Japan or Thailand or a citizens/national/permanent resident of Chile, Korea, New Zealand and Singapore. Additionally, if the nominee is a citizen of a WTO member country (there are over 160 countries) and they have worked for the sponsor in Australia full time and continuously for two years, they are exempt. This may apply to current 457 holders seeking nomination on a 482 visa.
There are no exemptions based on the skill level of an occupation though, only where international trade obligations apply.
My visa runs out in 10 days but my employer wants to sponsor me. Can we lodge the nomination and add the labour market testing information to the application?
You can, but the nomination will be refused and therefore your 482 visa cannot be approved. This is not the end of the road, however. You can lodge a new 482 visa from a Bridging Visa A, you may be able to withdraw your pending 482 visa application and re-lodge, provided certain circumstances are met. You can contact us for more specific information.
We recommend that employers keep track of the responses they receive through LMT and log any interviews they conduct.
An employer should keep all evidence of LMT, such as receipts and copies of advertisements, as these will need to be attached with the application. As with anything visa-related, be as thorough as possible. Failing to comply with this can result in a refusal.
Contact True Blue Migration today for more information on labour marketing testing and a free 482 visa consultation. You can also check out our comprehensive 482 visa guide.