457 visa labour market testing introduced25 April 2014
On 15 November 2013 the Assistant Minister for the Australian Government’s Department of Immigration and Border Protection, Senator Michaelia Cash, announced in a press release the introduction of labour market testing (LMT) for sponsors seeking to make a nomination for a 457 class visa1.
In the announcement, Senator Cash said the introduction of LMT was part of The Migration Amendment (Temporary Sponsored Visas) Act 2013 which was passed under the previous government in June of 2013, the implementation of which was delayed until November 2013 to allow the Department appropriate time to conduct consultation with business and industry groups.
Following this consultation, the requirement for LMT for 457 visas has now been implemented, effective for all applications made from 23 November 2013 with some exemptions in place for highly skilled occupations and cases where conducting such testing would be incompatible with the international trade obligations of Australia.
A discussion paper released by the Department of Immigration and Border Protection in the lead-up to the implementation of LMT states that the purpose of the act is to ensure sponsors look to the domestic labour market first, ensuring Australian citizens, Australian permanent residents and eligible temporary visa holders (such as those on a Work and Holiday Visa (462 visa) or a Working Holiday Visa (417 visa) in the agricultural sector are given first priority for vacancies.
In effect, LMT requires sponsors to provide evidence of labour market testing conducted for the position in question within a 12 month period up to the time of the nomination. Advertising in the media, on company websites, through recruitment services and even on social media applications such as Facebook are listed as suitable testing methods, with sponsors required to show evidence of not only the advertising efforts but the outcomes of those efforts, including numbers of applicants, numbers of those recruited, and details as to why no other applicants were suitable for the position.
The Department of Immigration and Border Protection is clearly planning to be stringent in its enforcing of LMT requirements outside of exemption categories, with its Discussion Paper on the subject stating that those “sponsors who are unable to satisfy the LMT conditions at the time of nomination will have their nomination refused.” In the case of refusal, sponsors will not have their status as a sponsor altered and will be able to make future nominations, and also are able to seek a merits review of the refusal through the Migration Review Tribunal.
Alliance International Migration Services (AIMS) is available to assist sponsors with both LMT requirements and the appeals process thanks to the expertise in the area of Australian 457 visas and other temporary visa classes held by our experienced team of immigration lawyers. As specialised providers of immigrations services, AIMS would be pleased to point you in the right direction regarding your LMT obligations, so why not contact us today for a no-obligation chat on +61 3 9078 6819 or email@example.com. Alternatively, visit www.thinkvisa.com.au for more information, including details of our temporary visa credentials, fixed price offering and free online assessment option.
Australian Government: Department of Immigration and Border Protection, office of the Assistant Minister of Immigration and Border Protection, Senator Michaelia Cash. (15 November 2013). Government announces new 457 visa labour market testing rules [Press Release]. Retrieved on 20 January 2014 from http://www.minister.immi.gov.au/media/mc/2013/mc209591.htm
Australian Government: Department of Immigration and Border Protection. (2013). Implementation of Labour Market Testing in the Standard Temporary Work (skilled) (subclass 457) visa program [Discussion Paper]. Retrieved on 20 January 2014 from http://www.dtc.org.au/Documents/523.pdf
Brott, A. (25 November 2013). What’s all this fuss about Labour Market Testing for 457 Visas? HC Online. Retrieved on 20 January 2014 from http://www.hcamag.com/opinion/whats-all-this-fuss-about-labour-market-testing-and-457-visas-181734.aspx
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