How to Conduct Labour Market Testing for 482 and 494 Visa

June 1, 2024
Harpreet Sidhu

Labour Market Testing (LMT)

What is labour Market Testing?

Labour market testing is a process where a business sponsoring a foreign employee must prove to the Department of Home Affairs (DHA) that they can’t fill a specific position within their business with an Australian worker.

Labour Market Testing is required for the Temporary Skill Shortage (subclass 482) & Skilled Employer Sponsored Regional (subclass 494) visas.

To meet this requirement, sponsors must provide evidence of labour market testing (LMT) unless an exemption or international trade obligation applies.

This ensures Australian residents and citizens have significant opportunities for employment before international workers are considered.

To satisfy the labour market testing (LMT), the business must advertise at least two job ads for at least 28 calendar days. These requirements are discussed below-

Job Advertisement Requirements

Job advertisements must include-

Sponsor/Employer’s Name– The name of the business or sponsor.
Job Title and Description– Clear title and detailed job description of the position available. You need to make sure that title and job description matches to ANZSCO code. Please do not copy paste the description from ANZSCO.
Salary Information– The salary or a salary range. The salary must be more than $70,000 to satisfy TSMIT (Temporary Skilled Migration Income Threshold)
Required Skills and Experience– Specific skills and experience needed for the role. Again, skill and experience must be at least equivalent to more than listed on ANZSCO code.

Labour Market Testing (LMT) Requirements

Timing– Conduct LMT within four months before lodging the TSS (subclass 482) nomination.
Advertisements–
- Post at least two job ads.
- Use nationally available recruitment websites such as Seek, Jora, and Indeed.
- Ensure the advertisements are live for at least 28 calendar days.

These requirements are designed to ensure that Australian citizens and permanent residents have the first chance at job vacancies before businesses look to foreign nationals.

Labour Market Testing Exemptions

Specified Exemptions–
- In case of a major disaster in Australia, a sponsor may be exempt from LMT to assist in relief or disaster recovery efforts.
International Trade Obligations (ITO)–
- LMT is waived if it conflicts with Australia’s international trade obligations. These obligations might be related to responsibilities under the World Trade Organisation (WTO), Fair Trade Agreements, or General Agreement on Trade in Services.

Current exemptions include-

A citizen of a WTO member country who has worked in Australia in the nominated position for at least two years.
Citizens or nationals of China, Vietnam, Thailand, Japan, Mexico, or the United Kingdom.
Citizens or permanent residents of South Korea, Singapore, Chile, Canada, or New Zealand.
Employees of a business associated with your company in an ASEAN country (e.g., Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, or Vietnam) or other countries like Canada, Chile, China, Japan, Mexico, South Korea, and New Zealand.
Senior Managers from WTO countries being transferred within the company and responsible for substantial operations or establishing new operations in Australia.

Frequently Asked Questions (FAQs)

Q: Do we need to include the business name or salary in the advertisement? A: Yes, you need to include the business name unless you are using a recruiter. The salary must be included with minimum salary of $70,000 to satisfy TSMIT; otherwise, a salary range is acceptable if lower range is above TSMIT.

Q: What details of the role need to be included? A: The advertisement should include-

Title and description of the position.
Required skills or experience.
Name of the approved sponsor or recruitment agency used by the sponsor.
Salary being offered

Q: When and where should we post any advertisement? A: Advertisements should be posted within four months before the visa application is lodged. At least two ads are required on-

Prominent national recruitment websites (e.g., joboutlook.gov.au).
Industry-specific recruitment websites.
National print media (newspapers or magazines with national reach).
National radio programs.
The business’s website if the sponsor is accredited.

Q: We did not keep a record of the advertisement. What other evidence could we provide? A: At the time of application, provide-

A copy of the advertisement.
Dates of advertising.
Number of applications received.
Number of applicants offered a position (excluding the nominee).
Reasons why other applicants were unsuitable.

If no records are kept and no exemption applies, the position must be re-advertised. It is advisable to take a screenshot of the final advertisement as it appeared on the recruitment website and use job boards that provide advertising analytics.

Q: Are there any circumstances where we don’t need to provide evidence of LMT? A: Yes, alternate evidence may be provided in cases like-

Roles requiring internationally recognized exceptional achievements (e.g., in sports, academia, research, or top-talent chefs).
Existing TSS or subclass 457 visa holders with changes in salary or business structure.
Intra-corporate transfers.
Positions with annual earnings of $250,000 or more.
Certain medical practitioner roles.
When international trade obligations apply.

Q: Is labour market testing required for 186 visas? A: LMT is not a legislative requirement for subclass 186 in the direct entry or temporary residence transition streams.

Navigating Labour Market Testing (LMT) for visa sponsorship can be complex. Let Ultimate Migration, a registered migration agent, simplify the process for you.

Why Ultimate Migration?

Expert Knowledge– With extensive experience in immigration laws and policies, we ensure compliance and accuracy in your applications.
Personalized Service– We tailor our solutions to meet your specific business needs, providing step-by-step guidance.
Efficiency– Our team ensures timely submissions to prevent delays and enhance approval chances.
Comprehensive Support– Beyond LMT, we offer a full range of migration services to support your business.

Take the stress out of LMT and secure top talent. Contact Ultimate Migration today and streamline your visa sponsorship process.