How do you find out if you are a qualified overseas worker in Australia?
Have you found an employer happy to sponsor you on a Temporary Skill Shortage (TSS) visa 482, Employer Nomination Scheme (ENS) visa 186 or a Regional Sponsored Migration Scheme (RSMS) visa 187? If yes, then you should know that your employer needs to perform and meet the Labour Marketing Testing requirements prior to taking you on.
If your employer hasn’t adequately tested the local market, then there is a high chance of your visa application being rejected. However, there’s no need to panic, below we take you through the ins and outs of all things LMT related.
Law Pertaining To Approval Of A Nomination
For an overseas employee nominee to be approved, it is mandatory under this act that the potential employer or sponsor provides sufficient evidence of their efforts at finding an equally qualified and experienced Australian citizen or a permanent resident capable of filling the position.
The Department of Home Affairs (DoHA), has recently introduced a new set of guidelines and stricter requirements in terms of Labour Market Testing, which are to be introduced in the near future. Listed below are the old and new procedures, helping you make sense of it all.
Present LMT Requirements and Procedures
The employer sponsoring you must conduct Labour Market Testing, with regards to the position on offer. This is a requirement unless of course, the International Trade Obligations (ITO) applies. Please look at the following regulations:
- If your nomination application was submitted before 18th June, 2018, the LMT should have been conducted over the preceding 12 months to the application being lodged.
- Alternatively, if your nomination application was lodged on or after 18th June 2018, then the LMT should have been conducted the previous 6 months to lodging your application.
- If within the 4 months of submitting your application, the sponsor (A.K.A your potential employer), has retrenched or made an Australian or a permanent resident redundant from the position offered to you, an explanation about the grounds of redundancy or retrenchment must be provided together with the application.
New LMT Requirements and Procedures
- An LMT must be conducted within the first 4 months of lodging your application
- Under new regulations instead of the prior 21 days, an LMT must be held over a period of 4 weeks.
- The vacancy advertisement should clearly state the skills and experience needed to qualify for the post.
These changes are proposed to be implemented in the first quarter of 2018/2019, details of which will be made clearer by the department once the implementation date draws closer. Until then, you need to follow the current LMT rules.
How To Make Sure The Sponsoring Employee Is Following The Correct Procedures
Employers offering migrants a chance to apply for skilled visas, via the Employer Nomination Scheme, should follow the stipulated requirements as listed below:
- The vacancy must be advertised in Australia
- The advert must be in English including; a description of the position, the name of the recruitment agency or company (A.K.A the sponsor), and the annual salary offered (a salary range is acceptable).
- A minimum of 2 platforms must be used. Which can include a national recruitment website, national print media, national radio or the sponsor’s accredited business website.
Visatec Legal’s team are immigration agents in Melbourne who are here to help. You can rest assured that your application is lodged according to correct and current laws and you’ll be well on your way to securing a lucrative career in Australia.