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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.

Key Changes

Changes include:

  • 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.

Action Items

  • Companies employing foreign nationals in Australia should seek expert help to ensure the new Labour Market Testing requirements are fully met.

This news alert was prepared using information provided by Newland Chase and Visa Executive.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.