With the right understanding and approach, employers can manage the Labour Market Testing requirement of the Subclass 482, the Temporary Skills Shortage visa. My name is Ines, and I’m the principal solicitor at Rocket & Ash Immigration Law. I’ve personally been practicing Immigration Law exclusively for nearly 14 years and have assisted hundreds of employers in navigating Labour Market Testing for a work visa (Subclass 482)
Understanding Labour Market Testing
Labour Market Testing is an important step that employers must take before they can sponsor foreign workers on the Subclass 482 Visa. LMT is designed to show that no Australian is qualified to do the job and that an overseas worker is needed.
LMT Requirements
- Position Advert: The position advertisement must be placed in Australia, on recruitment websites, or in trade publications. It must run for a minimum of 4 weeks, and it cannot have been older than 4 months at the time that you nominate a foreign worker. For example, list your advertisement on Seek and Indeed.
- Advert: The advertisement must include the title of the position, the description, the salary (if it is less than AUD96,400), and the location. Local workers will have an equal opportunity to apply.
- Records: When submitting a nomination, employers are required to provide proof that they have been using LMT. This includes copies of advertisements and invoices/receipts for advertising costs. Request the proof of advertising letter from the platform you listed your advertisement on.
Exemptions and changes
Recent legislative changes have changed the requirements and exemptions for LMT. Examples of occupational exemptions include those who work in medical and research fields, and are exempt from LMT due to urgent demand or specialisation requirements.
Tips for Successful LMT compliance
- Planning ahead: Begin the LMT process well in advance of the submission of the 482 nomination and visa application. There will be plenty of time for you to collect the necessary documentation and meet the advertising requirements.
- Documentation: Keep detailed records of all your recruitment efforts, including unsuccessful applications. This will prove to you that you have not been able to hire an Australian worker.
Avoid the common pitfalls I’ve seen:
- Insufficient advertising: If you fail to advertise your job according to the guidelines, visas may be refused. Ensure that all advertisements meet the criteria.
- Incorrect data: It's important to provide accurate information.
- Ignoring Market Salaries To pass the LMT, the offered salary must equal or exceed the Australian market rate for salary in the occupation, in your business.
- Not advertising for a minimum of 28 days: Ensure the advertisement runs for a minimum of 28 days for maximum compliance.
Successfully navigating the Labour Market Testing requirements involves careful planning, thorough documentation, and staying updated on immigration law changes. By following these guidelines, employers can enhance their chances of securing a Subclass 482 visa for their prospective overseas employees.
The subclass 482 visa also allows the employee's family to permanently relocate to Australia.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your 482 Work Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
