The Australian Government has asked registered migration agents to advise clients of new requirements for Labour Market Testing (LMT). The Australian Government has enhanced LMT requirements to ensure that Australian workers are prioritised for job opportunities in Australia.
What will LMT changes mean for applicants?
Businesses in Australia who are considering employing overseas skilled nationals on a visa such as a Subclass 482 (Temporary Skill Shortage) will be required to advertise their vacancies on the Government site Jobactive. Employers will also have to continue with existing requirements such as advertising positions on two other national reaching forums like Seek or Indeed.
When will new LMT requirement come into effect?
The new enhanced LMT requirement will apply to all nominations lodged on or after October 2020. These changes will not affect any nominations lodged before 1st October 2020, or nominations for a select occupation or a select position where alternative evidence arrangements apply.
Why has the Australian Government introduced these changes?
Due to the economic impacts of COVID-19, the Australian Government has a duty of care to ensure that job opportunities are prioritised for Australian workers first. The Government requires businesses to demonstrate that there is a genuine need for an overseas worker to fill such positions.
In addition to these changes, the Department of Homes Affairs (DHA) will be scrutinising applications for visas such as the Employer Nominated Scheme (ENS) concerning Australian workers already employed by the business in similar occupations.
Are you an Employer looking to nominate an Overseas National?
If you are an Australian employer who is seeking to employ an overseas national, we would strongly advise that you speak with our team before applying.
There are no provisions that allow refunds of the nomination fee or the Skilling Australians Fund (SAF) levy should your application be refused or withdrawn due to not satisfying the LMT requirement.
Why Putt Legal?
Putt Legal are your specialists in Immigration Law. We can assist you in making your migration to Australia seamless.
The Australian visa process can be complex and confusing; our lawyers work with you to guide you through every step of the way.
We are highly qualified and experienced in immigration law matters and are committed to providing expert advice in every individual case.