Labour Market Testing – Subclass 482 Visa

Labour Market Testing for the 482 Visa 

482 VISA AND LABOR MARKET TESTING
To match the demand for highly skilled labour, many Australian businesses need to look for
overseas and foreign talent. Corporate Migration includes a variety of short and long term visas
such as the Subclass 482 visa.

482 VISA
The 482 subclass Temporary Skills Shortage Visa is a short-term visa for work. The TSS allows
approved employers (sponsors) to appoint approved positions to fill in the occupation list. On 19
March 2019, this particular working visa was introduced. It replaced the DHA abolished
Temporary Work visa subclass 457.

If you have the ability to fill a job with an Australia employer looking to recruit you, you may be
eligible for a TSS visa.

There are three (3) streams to the TSS visa:
1. The Short-Term stream
2. The Medium-Term stream
3. The Labour Agreement stream

By referring to the Consolidated Skilled Occupations list, you can select the stream that applies
to you. If your occupation makes you eligible under the short-term stream, then your TSS visa
will be approved for a maximum period of two (2) years. If your occupation makes you eligible
under the medium-term stream, then the maximum time period that your TSS visa will be
approved for is four (4) years. If a business in Australia is planning to sponsor you on a 482
visa, they may need to carry out labour market testing (LMT) first. This means advertising the
position so that Australians have the chance to apply before you nominate someone else.

The Department of Home Affairs has updated its Labor Market Testing Policy requiring business
sponsors to undertake LMT within the four-month period or since there have been any
redundancies or decreases. This includes redundancies that occur in related business entities.
Exemptions to LMT are limited and the sponsor will generally be required to produce LMT on
lodgment of 482 nominations unless international trade obligations apply.

The previous regime allowed both occupation-based exemptions and the nominee’s skill level.

Which businesses can use the 482 visa program?
Employers legally established and operating a business lawfully within or outside Australia may
apply to become approved standard business sponsors. Employers abroad can use the
program if they want to set up a business or fulfill a contractual obligation in Australia. As a
result of the new 482 visa program, standard business sponsorship approvals are now granted
for a period of 5 years, including to ‘start-up’ businesses.
LMT requirements under the new rules

In order to satisfy the LMT requirement under the new current rules, the following information
must be provided by a business sponsor when submitting their 482 nomination:
– Job Advertisement copy
– Paid cost of the advertisement
– Number of applications received in relation to the position
– Why other applicants were not suitable for the job

In practice, the nomination form will require the sponsor to input relevant LMT data such as the
number of applicants and the number of applicants hired. However, associated proof such as
advertising copy and invoice (where appropriate) should be downloaded to the lodging via
Immigration account.

Nomination applications lodged from 12 August 2018 onwards require LMT to be conducted via
the following method:
– Minimum 2 advertisements conducted in English
– Advertised on national level
– LinkedIn’s online recruitment platform
– A general classifieds website or an advertisement through social media notification not
acceptable
– If the sponsor is accredited, the advertisement can be published on sponsor’s website

Examples of suitable recruitment websites accepted by the Department of Home Affairs for LMT
purposes cover Seek, Indeed and CareerOne. If an external recruitment company was engaged
to conduct LMT on behalf of the sponsor, a letter of support from the recruitment company
outlining the recruitment activities as well as copy of the advertisement should satisfy the LMT
requirement.

In inclusion with the above, the advertisement must specify the title or a description of the
position. The skills and experience will need to be listed as well as the salary for the position if
the intended annual earnings are below $96,400.00. The Department will accept LMT evidence
where a salary range is published. For example, it is acceptable to publish salary as
“$60,000.00 to $70,000.00 per annum”.

Current legislative instrument allows limited scope where the sponsor is exempted from LMT.
This includes positions:

– that require the occupant to have an internationally recognised record of exceptional and
outstanding achievement in a profession or field, such as, sport, academia or research, or as a
top-talent chef;
– that will be filled by a person who is:
– employed by a company operating an established business overseas; and nominated by a
standard business sponsor who is an associated entity of that company, operating in Australia.
– held by a TSS or Subclass 457 visa holder for which a new nomination has been lodged
solely because:
– the annual earnings that will apply to the nominee have changed.

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NOTE: The information provided in this blog can not be construed as “legal advice”. You should
not act based on the information provided here without consulting a
registered MARA agent.

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