New legislation governing the Labour Market Testing (LMT) and advertising requirements to be undertaken before sponsoring a Temporary Skills Shortage (TSS) Subclass 482 Visa holder came into effect on Sunday 12 August 2018. The below legislative changes apply to nominations made on or after 12 August 2018.

At least two advertisements that meet the following: 

 
  • Advertising must be undertaken within the 4 month period immediately prior to lodgement of the nomination application
  • Advertising must be placed on one of the following mediums:
 

- a recruitment website with national reach in Australia; or
- in print media with national reach in Australia; or
- on radio with national reach in Australia

 
  • The advertisement must run for 4 weeks and applications or expressions of interest must be accepted for at least 4 weeks from the time the advertisement was first published
  • The position must be advertised to include:
 

- The position title or job description
- Clear statements of the required skills and experience
- Name of the sponsor or engaged recruitment agency
- Salary for the position if earnings will be less than $96,400

We encourage you to seek professional advice to understand how your business can remain compliant with LMT requirements, particularly as several restrictions apply for online advertising. 

In a number of circumstances, sponsoring employers can provide a submission demonstrating their reasons for sponsoring a TSS Subclass 482 Visa holder instead of meeting the above LMT requirements. 
 
These circumstances are:

 
  • A position in a profession which requires an internationally recognised record of exceptional and outstanding achievement - for example a sport, academia and research or a top-talent chef role
  • A position for an intra-company transferee
  • A position that is held by an existing Subclass 482 or 457 visa holder where the nomination has been submitted only because the annual earnings have changed or there has been a change in business structure requiring a transfer to a new sponsoring entity
  • A position for which the annual earnings will be equal to or greater than AUD $250,000
  • A position under ANZSCO Minor Group 253 - Medical Practitioners (excluding General Medical Practitioner, Medical Practitioners nec and excluding ANZSCO Unit Group 4111 - Ambulance Officers and Paramedics). 

The legislation states that the submission must provide reasons why a suitably qualified and experienced Australian or eligible temporary visa holder is not readily available to fill the nominated position. We recommend that you seek professional advice if you choose to prepare a submission. 

Please contact Nevett Ford Lawyers for further information by telephone: +61 3 9614 7111 or by email: melbourne@nevettford.com.au