23/JUN/2023

UK workers
MAY be exempted from
Labour Market Testing


UPDATE (6 July 2023): It has emerged that the LMT exemption may only apply to certain categories of skilled workers (eg. employees of a UK enterprise with a contract of service in Australia), despite the DHA website implying that all UK passport holders are exempt. A closer reading of the full Free Trade Agreement text indicates that this is NOT the case. The industry is currently seeking clarification from the government on this matter. We will update our readers on any significant developments.
Employers and UK passport holders should seek immigration advice and assistance on LMT requirements.

 

The Department of Home Affairs (DHA) has included the United Kingdom as one of the countries exempt from Labour Market Testing (LMT) under International Trade Obligations.

The exemption is one benefit resulting from the free trade agreement between Australia and the UK (the A-UKFTA) that was recently entered into.


What is LMT?

For certain work visas, LMT is required if an employer nominates an overseas worker. It generally involves the nominating employer advertising the position in Australia to show that a suitable Australian worker can’t be found.


How will Australian employers and UK citizens benefit?

The updated DHA website states:

“LMT is not required where Australia has waived this requirement under its ITOs, including in any of the following circumstances:

  • the worker you nominate is a citizen/national of China, Japan, Malaysia, Mexico, Thailand, Vietnam or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.”


The exemption means that Australian employers will be able to sponsor UK employees without undergoing the usual mandatory LMT requirements. This is great news, as it saves employers from a significant administrative hurdle when hiring an overseas worker. 

If you're an employer looking to hire overseas workers, we can help with the visa application process from start to finish.

contact us

+61 2 9212 4008

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Surry Hills,
Sydney NSW 2010
AUSTRALIA
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(or flexible by appointment)

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