The definitive guide to Labour Market Testing (LMT) for Subclass 482 nomination applications (updated: 3 Jul 2024)

Categories of people

Jurisdictional requirements

Citizens of certain countries

Citizens from Brunei, Canada, Chile, China (excluding Hong Kong, Macau and Taiwan), Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, South Korea, Thailand, the United Kingdom, or Vietnam

Permanent residents of certain countries

Permanent residents from Canada, Chile, South Korea, New Zealand, Singapore, or the United Kingdom

Employees of associated entities of the sponsor where the associated entity is located in certain countries

Associated entities in Canada, Chile, China, Japan, Mexico, South Korea, the United Kingdom, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands, Vanuatu, or any ASEAN nation (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam)

The individual is:

• nominated by an associated entity of the sponsor’s business
• nominated as an Executive or Senior Manager (Advertising Manager, Chief Executive or Managing Director, Chief Information Officer, Corporate General Manager, Corporate Services Manager, Finance Manager, Human Resource Manager, Sales & Marketing Manager, Supply and Distribution Manager)
• will be responsible for the entire or a substantial part of the company’s operations in Australia

The associated entity operates in a WTO country (see here for list)

The individual is:

• nominated by an overseas business sponsor
• is nominated as an Executive or Senior Manager (see above)
• will be responsible for the establishment of a new operation of that business in Australia

The overseas business sponsor operating in a WTO member country (see here for list)

The individual is being nominated by an employer for whom they have worked in Australia on a continuous, full-time basis for two years immediately before the nomination is lodged. This means that LMT would not be required for a new nomination lodged by the same sponsor or an associated entity of that sponsor provided that:

• the visa applicant / holder will be staying in the same nominated position and either:
  • the new sponsor is still an associated entity of the original sponsor or
  • the employer has stayed in the same position (that is, even if the company has ceased to exist)

LMT might also not be required if the person is nominated for a different position with the business but has a specialised knowledge at an advanced level of a proprietary nature of the company’s obligations

The nominee is a citizen, or an eligible permanent resident of a WTO member country (see here for list of such countries)

Select occupations and positions

Alternative evidence required

A position that requires the occupant to have an internationally recognised record of exceptional and outstanding achievement in a profession or field, such as, sport, academia or research, or as a top-talent chef

A submission should explain why the specific individual nominated is the only person, or one of very few people, who could undertake the nominated position

A position that will be filled by a person who is:

• employed by a company operating an established business overseas and
• nominated by a standard business sponsor who is an associated entity of that company, operating in Australia

A submission should explain the need for the transfer and documentation outlining the transfer arrangement

A position that is held by a TSS or Subclass 457 visa holder for which a new nomination has been lodged solely because:

• the annual earnings that will apply to the nominee have changed or
• a change in business structure has resulted in the nominee’s employer lodging a new application to be approved as a standard business sponsor

A submission should explain that the position is already filled by an existing TSS or subclass 457 visa holder, but give reasons why a new nomination is required (for example, due to a business restructure)

A position for which the annual earnings of the occupant will be equal to or greater than AUD 250,000

A submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process which including inviting applicants from Australia

A position that falls within ANZSCO Minor Group 253 – Medical Practitioners (that is not ANZSCO 253111 – General Medical Practitioner or ANZSCO 253999 – Medical Practitioners nec) or ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics

A submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process which including inviting applicants from Australia

When / How Long?

Manner

Within the 4 month period which ends on the day on which the nomination application is lodged

The advertisement must have accepted applications or expressions of interest for at least four weeks after it was first published

The advertisement must be in English

At least two advertisements in any of the below mediums:

• on a recruitment website with ‘national reach’ in Australia (e.g. http://www.seek.com.au) (though a general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram is not an acceptable method)
• industry specific recruitment websites relevant to the occupation that are in significant use by the industry
• LinkedIn’s online recruitment platform (though Job vacancies restricted to LinkedIn profile members only are NOT acceptable for LMT purposes)
• in print media with national reach in Australia (this would include national newspapers or magazines that are published at least monthly and marketed throughout Australia)
• on radio with national reach in Australia (this would include radio programs that are broadcast or syndicated nationally)
• if the sponsor is an accredited sponsor – on the approved sponsor’s website

The advertisement must include the following details

• the title, or a description, of the position
• the skills or experience required for the position
• the name of the approved sponsor or the name of the recruitment agency being used by the sponsor and
• the salary for the position (if the intended annual earnings for the nominated position are lower than AUD96,400)

Note: it is acceptable to publish a salary range – for example AUD80,000 to AUD90,000