The Australian Government requires employers to test the domestic labour market before hiring an overseas worker. Sponsors (employers) must nominate an applicant (worker) for Temporary Skills Shortage (TSS) 482 visa and Skilled Employer Sponsored Regional (Provisional) 494 visa. To show the Department of Home Affairs (DHA) that they could not find an Australian to fill the position, employers must conduct Labour Market Testing (LMT) in a manner compliant with migration regulations and policy.
What is LMT?
- LMT is essentially 28 days of mandatory advertising before an employer can sponsor a candidate from overseas
- When sponsors nominate a candidate for a 482 or 494 visa the submission to the DHA must show evidence of conducting proper LMT advertising
- If sponsors do not conduct LMT advertising or fail to do so properly the applicants’ visa will be denied by the DHA and the application fee will be forfeited
How long do I have to run LMT advertisement for?
- You must advertise three times to a national audience for four weeks, or 28 days
- Those 28 days of LMT advertising must have been completed within the last four months before the nomination is lodged
- Advertisements alone are not enough; you must accept and consider eligible applications for at least four weeks
What do I need to include in the LMT advertisement?
- The title or a description of the position (multiple positions are acceptable)
- The skills or experience required
- The name of the approved sponsor or recruitment agency
- You must also publish the salary if it is less than AUD96,400 (a range is acceptable e.g. AUD80,000-90,000)
- If the previous employee was made redundant, you must advertise after the redundancy
- The LMT ad must be in english
Where do I have to advertise?
- Use Workforce Australia* and two other job platforms
Examples of popular job listing platforms for LMT
- Indeed (Free)
- Jora (Free)
- Seek
- Careerone
- LinkedIn (job portal) (Postings on LinkedIn profiles are unacceptable)
Other platforms
- Newspapers or magazines published nationally and monthly
- National radio
- Business website for accredited sponsors*
Examples of platforms that are not acceptable for LMT
- General e-commerce sites (Gumtree, Ebay, Facebook Marketplace, etc.)
- Overseas platforms not widely used in Australia
- Local suburban newspapers that are not widely circulated
Can I hire someone from overseas without conducting LMT?
- Yes, if the applicant is a citizen/national of China, Japan, Malaysia, Mexico, Thailand and Vietnam or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.*
When can I hire someone from overseas with an alternative to LMT?
- If you’re intending to pay the candidate a salary of AUD250,000+. In the application, you will have to provide evidence of how you found the candidate through an executive search process.
- If they’re from the overseas arm of your company. You must explain the need for an intra-corporate transfer (ICT) and supporting documentation.
- If the candidate is already working in Australia but re-nominating because (a) the applicant’s salary has changed or (b) the business has changed ownership. You must explain that the position is already filled by an existing TSS, but give reasons why a new nomination is required (e.g. due to the change in a business restructure).
- Medical practitioners (except GPs), ambulance officers and paramedics. You must provide written submission why no one is readily available in Australia.
- If the candidate is an ‘outstanding applicant’ in a profession, sport, academia, research or chef. You must explain why this is one of the few people who could undertake the position.
LMT Compliant Advertisement Template
Title of the Position(s)
Location of Employer
Name of the Business Sponsor or Recruitment Agency is seeking a Title of The Position(s) with a passion for our industry to join a diverse, energetic team.
Who are we?
- Industry
- Specialties
- Values
What you’ll be doing?
- Location
- Full time*
- Responsibilities
What are your skills and experience?
- Relevant tertiary or technical qualifications
- Minimum of X years experience in a similar role
- Required soft-skills
What we offer you?
- Salary for this role is Annual Earnings, depending on experience
- Other benefits e.g. superannuation, working hours, relocation assistance and culture
How to apply?
- Name of the hiring manager
- Phone and email
- Method of application (e.g. send in resume)
*One advertisement must be on the Australian Government’s job listing website, Workforce Australia.
*Accredited sponsors are sponsors who receive additional accreditation from the DHA. Generally, an entity can become an accredited sponsor by: having low volume usage and high percentage of Australian workers, high volume usage and medium percentage of Australian workers, being a government agency, an Australian Trusted Trader or a major investor in Australia. Accredited sponsors receive priority for TSS nominations and applications.
*TSS visa holders must work full time.
*This exception only applies to 482, not 494 Skilled Employer Sponsored Regional.
Updated 4 July 2023.
This article is intended as general information only and should not be relied upon as legal advice. If you would like assistance with your international recruitment, please contact us.