AUSTRALIA – New Labour Market Testing Requirements
Effective 12 August 2018, several changes have been introduced to the Labour Market Testing (LMT) requirements for the Temporary Skill Shortage (Subclass 482) visa.
- LMT must now be conducted within a four-month period prior to submission of a nomination application (previously six months);
- Advertising must be posted for a minimum of four weeks (previously 21 days) across at least two national online, print or radio mediums;
- Salary of the nominated position must be included on the advertisement where the salary to be paid is less than AUD 96,400 (previously AUD 145,400);
- Skills and work experience requirements for the nominated position must now be included in the advertisement;
- Alternative evidence of LMT by way of submission, rather than evidence of advertising, is acceptable for selected occupations and positions that meet certain criteria including:
- Annual earnings for the nominated position are at least $250,000 (new);
- Certain key medical occupations (new);
- Intra company transferees (now established in legislation);
- The nominee has an internationally recognised record of exceptional and outstanding achievement in a profession or field (e.g. academia or research, sport, top-talent Chef);
- Certain TSS and 482 visa holders where a new nomination is lodged due to a change in business structure.
- Exemptions currently in place for International Trade Obligations continue to be available.