New Labour Market Testing Requirements for 482 TSS Visas & 494 Skilled Employer Regional Visas

Are you a business sponsor considering or intending to employ and sponsor a foreign national on a 482 or 494 visa? If you are, you may already be aware of the current Labour Market Testing (LMT) requirements set out by the Department of Home Affairs for these visas.

However, if you have not lodged your business nomination(s) before 1 October 2020, you will be required to comply with an additional labour market testing requirement. For business nomination(s) lodged from 1 October 2020 onwards, the business MUST also advertise the position on the Jobactive website.

This third Jobactive LMT requirement is in addition to placing at least 2 advertisements published on a;

1. prominent or professional recruitment website with a national reach; or
2. in national print media; or
3. on national radio with a national reach; or
4. on the business’ website (if the sponsor is an accredited sponsor).

All three LMT advertisements MUST run for at least 28 days and maybe run concurrently.

What does labour marketing testing mean for 482 visas & 494 temporary residence visas?

• Jobactive advertising is an additional (third) requirement to the current Labour Market Testing (LMT) requirements of having 2 advertisements;
• Jobactive advertising is mandatory for the business nominations lodged for 482 and 494 visas;
• Ensure the 28-day option is selected on the Jobactive advertisement (default setting on the website is 14 days);
• The new requirement above to advertise on Jobactive applies to company business nominations lodged on or after 1 October 2020;
• International Trade Obligation (ITO) exemptions apply to LMT including the Jobactive advert for 482 visas only;
• LMT and Jobactive requirement are not needed for nominations for a select occupation or a select position to which alternative evidence arrangements apply;
• An ABN is required to advertise through Jobactive. Overseas Business Sponsors (OBS) required to undertake LMT will need to authorise a suitable Australian company to place the advertisements for them.

What does this mean for 186 Employer Nominated Scheme (ENS) & 187 Regional Sponsored Migration Scheme (RSMS) Permanent Residence visas?

• There is no direct LMT requirement for 186 ENS and 187 RSMS visa applications;
• However, the Australian Government has an expectation that the positions for these visas will be advertised on Jobactive for 186 ENS and 187 RSMS permanent residence visa applications to demonstrate that there is a genuine need for an overseas worker to fill that position;
• JobActive LMT for 186 ENS and 187 RSMS permanent residence visa applications is expected to apply to all positions. There are no exemptions that will apply for International Trade Obligations and select position or select occupation arrangements;
• It is not clear when the expectation to advertise on Jobactive commences for 186 ENS or 187 RSMS permanent residence visa applications. However, will most likely apply to 186/187 employer nominations lodged on or after 1 October 2020 consistent with the 482 and 494 visa requirements.

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