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Regulations Guide of Labor Market Testing - Critical Information

On August 12th, 2018 the Home Affairs Department formally executed the new Labour Market Testing (L.M.T) demands to sponsor skilled visa workers. The enacting of the L.M.T law has now earned multiple fresh regulations into effect, demanding employers show to the Department that they have examined the labor market of Australia to assure that no proper local workers were ready to satisfy the designated role. The latest L.M.T demands will appeal to the T.S.S visa program and will affect all streams, including:

  • The Short and Medium-term streams
  • Labour Agreement streams
  • The Global Talent scheme
Sponsors of T.S.S visa are now needed to express they have examined the local labor market prior to lodging a nomination appeal for current and existing visa holders. Proof of this should then be presented to the Department by uploading to ImmiAccount except for International Trade Obligations (I.T.Os) apply. Earlier, occupation-based exceptions to the L.M.T conditions were available to the sponsors of visa; however, these are no longer available below the visa program of T.S.S.

Requirements for L.M.T

T.S.S visa nominations that were presented on or after 12 August will now be subjected to the subsequent L.M.T requirements: Time Period
  • M.T should be engaged within four months shortly prior to lodging a visa nomination.
  • The advertisement should have run for the minimum of four weeks from the initial publication time.
  • Appeals or expressions of interest for the job should have been allowed for a minimum four weeks.
Requirements of Advertising
  • The job advertisement should be in Australia.
  • It should be written in English.
It should include the following information:
  • The title of the job, or a role description.
  • The skills or experience needed for the position.
  • The name of either the visa sponsor or the agency for recruitment being used by the sponsor.
  • The salary—or salary range—for the job, if the yearly earnings for the role are under than $96,000.
However, in some special cases, alternative conditions will apply, and sponsors will preferably by expected to make a signed submission to the department describing why a regional Australian worker is not available to fill the position.

International Trade Obligations (ITOs)

The Department has also approved that exceptions to the L.M.T conditions will appeal if it would otherwise return Australia into conflict with its I.T.Os. Exceptions depend on I.T.Os will appeal in the following circumstances: If the nominated worker is a citizen of:
  • Japan
  • China
  • Thailand
If the nominated worker is a citizen or permanent resident of:
  • Chile
  • South Korea
  • New Zealand
  • Singapore
These current laws should be stringently adhered to withdraw processing delays and/or rejection of visa applications. If you are planning for Immigrating to Australia don't worry Migration Ideas is there to assist for the processing of successful visas.  Subscribe to our Migration Ideas Newsletters to get more information and updates about Visa and Immigration.

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