Labour Market Testing (LMT) for TSS Visa
LABOUR MARKET TESTING WHEN APPLYING FOR THESE VISAS:
Exemptions to LMT
Under these new arrangements:
- There are no exemptions based on the skill level of the nominated occupation. LMT is required for all nominations unless international trade obligations (ITOs) apply.
The current exemptions to LMT are:
- the worker you nominate is a citizen/national of China, Japan, Mexico,Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand or Singapore
- Senior Managers for intra company transfers (ICT) from WTO countries**who are:
- Responsible for entire or substantial part of company operation in AU
- Responsible for the establishment of new operation of that business in AU
- ICTs where the applicant is currently employed in one of the countries listed above, or any other ASEAN (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam) nation
- Citizen of a WTO member country who is being nominated by an employer for whom the nominee has worked in Australia on a continuous, full-time basis for 2 years immediately before the nomination is lodged.
- Must be same position
- If different position go to policy
**Executive or Senior Manager positions must be as per the nominated position and include;
- Advertising Manager ANZSCO 131113
- Chief Executive or Managing Director ANZSCO 111111
- Chief Information Officer 135111
- Corporate General Manager 111211
- Finance Manager 132211
- Human Resources Manager 132311
- Sales & Marketing Manager 131112
- Supply and Distribution Manager 133611
- Corporate services manager
Alternative requirements apply where the nominated occupation/position is one which:
- Requires the occupant to have an internationally recognised record of exceptional and outstanding achievement in a profession or a field (such as a sport, academia and research, or as a top-talent chef).
- Is held by an existing TSS or subclass 457 visa holder for whom 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.
- Relating to an intra corporate transfer (ICT).
- For which the annual earnings will be equal to or greater than AUD250,000.
- within ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999)) or ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics.
Note: an intra-corporate transfer is the transfer of an existing employee of a company to another branch or associated entity of that company operating in Australia.
Does the four week LMT advertising need to be consecutive?
No. This is not required. For example, the requirement will be satisfied if advertising was conducted for an initial period of two weeks, which was then paused for three weeks, and then recommenced for a further two weeks (i.e. a total of four weeks advertising campaign with a three week gap in the middle).
3rd Party advertisement:
advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves.