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2 December 2020

Labour market testing (LMT) is an important requirement under the TSS (Subclass 482) visa program with strict rules on acceptable advertisements, when they must have been published, on what mediums, and for how long.

While Employer Nomination Scheme (Subclass 186/187) applications do not strictly require LMT by law, Department policy has introduced an understanding that LMT should be carried out to evidence the position is genuine, and that an Australian equivalent cannot be sourced. Further provided guidance indicates that the preferred advertising medium is JobActive, plus any other online recruitment platform.

Genuine position evidence is assessed before a decision can be made on the nomination application (rather than being required before lodgement), therefore, it is advisable that, where possible, and where this has not yet been actioned on a submitted, but undecided, ENS application, that LMT be carried out and included in the submitted application.

If you believe the above circumstances apply to your prospective nominee, feel free to contact us for further guidance.



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