1. Home
  2. Employer - Main Requirements
  3. Labour Market Testing for the TSS Visa

Labour Market Testing for the TSS Visa

The following information has been gathered and written based on general information that is available at the Department of Home Affairs website.  It has been reviewed by an experienced Lawyer and Migration Agent registered with the Office of the Migration Agents Registration Authority MARA accredited Migration Agents to ensure its accuracy as of the date of publishing.

The information in this article is not legal advice and should be used for general information purposes only. At Visa Jobs we strongly recommend you consider engaging a Registered Migration Agent who can assess your documents and personal situation before submitting any visa applications


If you are interested in sponsoring an overseas worker on a Temporary Skill Shortage (TSS) Visa subclass 482, you are required to prove you satisfy the Labour Market Testing (LMT) requirements. This means that you must test the local labour market through advertising before you can nominate your overseas worker.

The reason for this is to show the Government that you genuinely can’t find a suitable Australian worker to fill your job vacancy. You therefore need to nominate and sponsor an overseas worker in order to fill the position.

What is LMT?

As a Standard Business Sponsor you will need to provide evidence you have tried to find an Australian citizen or Permanent Resident to fill the job vacancy within your business.

For the majority of employers you will be nominating an overseas worker under the Short-term stream or the Medium-term stream. Before you are able to nominate the overseas worker you must show that you could not find anyone within the local workforce who was able to fulfil the requirements for your vacancy, due to lack of skills, qualifications or relevant experience. This will be done through advertising.

If your business has an alternative arrangement, such as a Labour agreement or Global Talent Scheme, then the requirements may be slightly different. You can find out more information about these LMT requirements at the Department of Home Affairs.

At the time of lodging your nomination application you will have to provide evidence that you have placed a minimum of two advertisements for the nominated occupation. You must advertise the position for 28 days within four months directly prior to the nomination application.

Your advertisements can be published in any of the four options below. If you decide to run the two adverts on the same medium, e.g. both adverts on Seek then they need to run on separate occasions. However, if they are on two different mediums e.g. Seek and Indeed, they can run at the same time.

1) Prominent or Professional Recruitment Websites – Must have a national reach that publishes adverts for positions throughout Australia.

Websites you can use include:

  • Jobactive (Free)
  • Indeed (Free)
  • Seek
  • Career One
  • LinkedIn online recruitment platform

We would recommend using Jobactive and Indeed as both websites allow you to advertise for free. Industry-specific recruitment websites can also be used as long as they are relevant to the nominated occupation and have national coverage.

2) National Print Media – Newspapers or magazines published at least monthly, marketed throughout Australia and have a national reach.

3) National Radio – These must be programs broadcasted or syndicated nationally.

4) On the Business’ Website – This can only be done if the sponsoring business is an accredited sponsor.

Adverts posted on general classification websites or platforms which advertise through social media notifications cannot be used. These include:

  • Gumtree
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn (profile accounts)

You cannot advertise through local print media or radio stations that don’t have a national reach.

The advertisements must contain specific information.

It is vital all the following information is included in your job adverts. If these requirements aren’t met, your nomination will be refused (if lodged) or you may have to wait a further 28 days for new adverts, before you can lodge the nomination application.

The advert must be in English and include the following information:

  • Position title or a description of the position
  • The skills and experience required for the position
  • The name of the approved business sponsor or recruitment agency, if engaged by the sponsor
  • Salary for the position if the intended salary is less than $96,400
  • Indicate that the position is full-time (you are not able to nominate part-time or casual positions)

You will need to state the salary if you are offering under $96,400. You can show a range if you prefer (generally recommended) e.g. $80,000-$90,000. You must also make sure the salary you advertise is compliant with the Temporary Skilled Migration Income Threshold (TISMIT) and the Annual Market Salary Rate (AMSR).

Suitable LMT advert example

A correct example of what needs to be included in job adverts for LMT

Evidence of LMT requirements being met

  • Copies of the adverts

You will need to provide copies of the adverts, whether advertised online or through print media. This can be a screenshot, scan or original advert (must include the whole advert). Remember you need to prove the advert was advertised for 28 days before the nomination date. If you’re taking a screenshot and it shows how many days the advert has been ‘live’ for then we recommend taking the screenshot after 28 days, unless you have other documents proving it was posted for the required time.

  • Proof of payment

If you had to pay to advertise, make sure you get proof of payment e.g. a tax invoice, receipt of payment or remittance advice.

  • Other supporting documents

A number of companies will be able to provide you with extra evidence such as:

  • Confirmation of payments against the relevant invoice
  • Advert reports containing posting and expiry dates, number of applications, job title etc
  • Links to the advert (some adverts may not be available once expired)

You will need to provide information in the nomination application as to the number of applications received for the position, the number of successful applicants for the position and reasons why applicants were unsuccessful. You do not need to give reasons as to why every applicant who applied was unsuccessful but you will need to explain why, in general terms, the applicants who applied were unsuccessful.

Exemptions to LMT

There are some situations where LMT isn’t required, as it would be a conflict with Australia’s international trade obligations (ITO). These exemptions are generally based around the overseas worker being a citizen of certain countries or if they already work for an associated entity to your business located in an ASEAN country, or if the overseas worker works for a related entity of your business in a WTO member country and they will be nominated as an Executive or Senior Manager with high level responsibilities in Australia.

For a more detailed list of the exemptions, visit the Department of Home Affairs

Alternative arrangements for LMT

There are some circumstances in which you can provide a written submission as to why a suitably qualified and experienced Australian was not readily available to fulfil the position in place of providing advertisements. These include:

  • The position requires the occupant to have an internationally recognized record of exceptional and outstanding achievement as a sportsperson, academic or a top-talent chef.
  • The position is to be filled by an overseas employee of a related entity to your business; or,
  • The intended earnings for the position are in excess of $250,000

Summary

When proving that you have correctly undergone LMT, it’s vital that you tick all boxes with regards advert content, where you advertise and for how long. A failure to do this result in the nomination being refused and you will need to re-advertise the position in accordance with the requirements for a further 28 days. You will not be refunded the application costs for a nomination refused on this basis, this includes the SAF levy.

To ensure you have covered all the necessary points, we recommend utilising a registered Migration Agent. Your agent will then check you meet the requirements for LMT before they lodge your nomination application. This will see the chances of rejection or delay drastically reduced. This also means you are less likely to lose Government application fees as a business, and the nominee is less likely to lose their visa application fees if both applications are lodged at the same time.

Employer Enquiry

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Updated on July 24, 2019

Was this article helpful?

Related Articles

Leave a Comment