Labour testing is an important point that comes up under immigration law. This is the process of advertising a certain occupation or role at a given company. It is relevant for employer-sponsored visas.
This is a requirement for employees to fulfill before they can nominate a migrant worker for the Temporary Skill Shortage (Subclass 482 TSS visa) and Skilled Employer Sponsored Regional (Subclass 494 SESR visa).
Moreover, the subclass 186 visa is an employer-sponsored visa that allows a nominated employee to live in Australia permanently. Parties who hold a 186 visa can stay in Australia indefinitely to work and study.
In order for an employer to nominate a position, there must be a need for the said position in the company. To demonstrate this need, the employer must complete a labour testing.
Labour market testing (LMT) involves testing the local labour market. While some companies may be exempt from completing LMT, it is important for you to check if this is a mandatory requirement before you nominate a worker.
While an applicant has many requirements to fulfill for obtaining a 186 visa, the employer must also first obtain the approval of becoming a sponsor.
LMT is applicable for other sponsored visas like the 482 visa as well. The subclass 482 visa is a short-term employer-sponsored visa. This is also known as the Temporary Skill Shortage visa or the TSS.
The Department of Home Affairs (DHA) communicated an expectation that all applications for the subclass 186 visa must also provide evidence that the job position was advertised by the employer.
In some instances, parties who have worked for three years on the TSS (482 visa) may be eligible for the subclass 186 visa. In these instances, the employer must once again complete the steps required for Labour Market Testing.
What Is Included Under Labour Market Testing?
As part of completing LMT steps, employers must post at least two job listings to advertise the job. The advertisement must be up for at least 4 weeks, and no more than 4 months before the employer nominates a migrant for the TSS visa. This includes advertising on websites like SEEK, Indeed, LinkedIn and Jobactive. Moreover, the 4-week period of advertisement need not be consecutive.
Furthermore, the job ad should include some important information such as the:
- Title and description of the position:
- Name of the sponsor
- Salary of the position
- Skills or experience required
- If the salary is below $96,400 (Australian dollars), then the salary of the position must also be specified.
It is important to note, however, that some migrants can be nominated even without the LMT requirement being fulfilled by their employer. For instance, citizens and permanent residents of some countries can receive the nomination without LMT. These include countries like New Zealand, Canada, South Korea, Singapore, China, Chile, Japan, Mexico, Thailand or Japan.
John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. John is a Nationally Accredited family law Mediator and Arbitrator with over 10 years’ experience in family law and commercial litigation.