If you’re planning to sponsor a skilled worker under the Subclass 482 Skills in Demand (SID) visa or the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa, you must first prove that no suitable Australian worker is available for the role. This is called Labour Market Testing (LMT), a mandatory step for most employer sponsorships.
At SALIA Lawyers & Associates, we often assist employers through this step, as it’s one of the most common reasons nominations are delayed or refused.
What is LMT?
LMT means you must demonstrate that you’ve made genuine efforts to recruit an Australian worker before sponsoring someone from overseas.
In most cases, unless an International Trade Obligation (ITO) applies, you must provide clear evidence that your business advertised the position and did not find a suitable local candidate.
This evidence must be submitted at the time you lodge your nomination. If it’s missing or incomplete, the Department of Home Affairs may refuse your nomination.
Core Requirements for LMT
To satisfy the LMT requirement, your advertising must meet specific and time-sensitive conditions.
Include Key Details in Each Advertisement
Each advertisement must be in English and clearly show:
- The position title or a clear description of the role
- The skills and experience required
- The name of your business, associated entity, or recruitment agency
- The annual salary, salary range, or reference to an enterprise agreement (you may omit the salary only if it exceeds $96,400 per year)
Advertise at the Right Time
The position must have been advertised within the last 4 months before the nomination. Each advertisement must have been open for at least 4 consecutive weeks or 28 days.
If your business recently made any Australian workers redundant or retrenched in that occupation, the advertising must take place since the events took place.
Advertise in the Right Places
You must publish at least two job advertisements in Australia. Acceptable options include:
- A professional recruitment website with national reach (for example, SEEK, Indeed, or LinkedIn’s job board but not posts limited to LinkedIn members).
- Print media with national reach, such as newspapers or magazines published at least monthly.
- National radio, through programmes broadcast or syndicated across Australia.
You can advertise in:
- In two different media types at the same time or on two separate occasions, or
- In the same media type (e.g. newspaper) on two separate occasions,
- Over two or multiple overlapping periods totalling a minimum 4 weeks, or
- In your own business website if you are an accredited sponsor.
Keep Evidence and Recruitment Records
When you lodge your nomination, you must supply:
- Copies of all advertisements that meet the above criteria
- A short statement outlining your recruitment results, including the number of applicants, how many were interviewed, and why they were unsuitable.
If these documents are missing, your nomination will not be approved.
Note on Exceptions to LMT
Certain situations allow for alternative or exempt LMT requirements, for example, where the role involves outstanding international achievements, high-income positions, intra-corporate transfers, key medical occupations, or where an ITO applies.
We will discuss these LMT exemptions and alternative arrangements in detail in a separate article, so you can better understand when these exceptions may apply to your business.
Why Get Legal Support
The LMT process may seem simple, but even small mistakes can result in costly delays or refusals. Seeking professional legal guidance can help you strengthen your application by ensuring every requirement is met accurately and in line with current immigration standards. A well-prepared nomination not only protects your business from compliance risks but also supports a smoother sponsorship process.
If you’re looking to make your LMT or sponsorship application as strong as possible, SALIA Lawyers & Associates can guide you with the clarity and confidence needed to achieve the best outcome. Speak to our team today.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
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