CASE STUDY
Complying with Labour Market Testing
Labour Market Testing is a critical part of any successful visa nomination. Immigration law has very specific requirements around when and how it should be done. If completed incorrectly, employers and employees face unnecessary delays and extra costs.
The Law
- Certain visas require employers to show that they are unable to find a suitable Australian worker for the nominated position. To nominate an overseas worker, they need to test the local labour market. This is known as Labour Market Testing (LMT).
- Generally, LMT involves advertising the position in Australia. But how and when employers should advertise, and what proof is required, depends on the visa and which stream is being applied for.
- LMT must be done in the format specified under immigration law, for at least 28 days before lodgement and no more than 4 months.
Challenges
- We have encountered several cases where a DIY application for a 482 visa nomination was refused because the LMT was done incorrectly.
Solution and Results
- In one case where the visa holder was offshore, we were able to guide the employer to re-do the LMT and lodge a new application. This was approved quickly.
- Another similar case involving an onshore applicant was not so fortunate. When a nomination is refused, the related visa application must also be refused. Here, as the person was onshore and holding a Bridging Visa based on the lodged visa, they had limited options and were barred from lodging another visa application.
- Even if a new visa application is lodged, only a BVC will be granted, which does not allow the person to work or travel overseas. This leads to more complications and costs.
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Surry Hills,
Sydney NSW 2010
AUSTRALIA
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Abacus Visa Pty Ltd. ACN: 147099303
Abacus Visa & Migration Services Pty Ltd. ABN: 58169966036
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