Australia Add 3 New Free Trade Agreements – Labour Market Testing Trade Obligations
February 14, 2020

Sponsored skilled workers from Peru, Indonesia and Hong Kong, China who are nominated to apply for Subclass 494 (Skilled Employer-Sponsored Regional (Provisional) Visa) and Subclass 482 (Temporary Skill Shortage Visa) are exempted from Labour Market Testing (LMT) requirement due to international trade obligations.

As of 28th January, the countries mentioned above were introduced to the 2020 Legislative Instrument F2020L0084 LIN 20/029 – Determination of International Trade Obligations Relating to Labour Market (under Subsection 140GBA(2) of the Migration Act 1958). Below is the determination of international trade obligations relating to labour market testing on three new countries:

  • Peru-Australia Free Trade Agreement (PAFTA)
  •  Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA)
  •   Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA)

By all means, due to International Trade Obligations, sponsored skilled workers from those countries are now exempted from LMT requirement for Subclass 494 visa and Subclass 482 visa. As stated under Subsection 140GBA(1)(c) of the Act;

“The labour market testing condition specified in section 140GBA applies to a nomination by a person if it would not be inconsistent with any international trade obligation of Australia determined under subsection 140GBA(2) to require the person to satisfy the labour market testing condition, in relation to the nominated position.”

Labour Market Testing (LMT) Condition

In some work/skilled work visas, LMT requires an Australian employer to advertise the position in Australia. The employer must provide enough evidence that he/she can’t find a suitable Australian worker for the position. The process of LMT and the required evidence will depend on the nominating stream. 

LMT exempted country/region determined under international trade obligations (as of 13th February 2020)

New Zealand ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)
Chile Australia-Chile Free Trade Agreement (ACl-FTA)
Hong Kong Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA)
China China-Australia Free Trade Agreement (ChAFTA)
Indonesia Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA)
Japan Japan-Australia Economic Partnership Agreement (JAEPA)
Korea Korea-Australia Free Trade Agreement (KAFTA)
Malaysia Malaysia-Australia Free Trade Agreement (MAFTA)
Peru Peru-Australia Free Trade Agreement (PAFTA)
Singapore Singapore-Australia Free Trade Agreement (SAFTA)
Thailand Thailand-Australia Free Trade Agreement (TAFTA)

If you need help regarding your visa and migration options, feel free to contact us anytime.


Think Visa
Corporate Events

Australian Work Visa Webinar 2021

Australian Work Visa Webinar 2021Quality work-life balance is key in living a happy life.  Get sponsored to grow your career and life experiences in Australia!Event Details: Date: Wednesday | 14 April 2021 Time: 11:00 AM (AEST) Platform: Zoom What Will You Get From...

Australian Parent Visa Webinar 2021

Australian Parent Migration WebinarNo family member should be left behind. Reciprocate your parents’ love and care by bringing them to Australia with you. Start by knowing how to get started in this FREE webinar.  In this free webinar, our speakers will discuss the...

Australia General Skilled Migration Webinar 2020

THINK VISA'S AUSTRALIA GENERAL SKILLED MIGRATION WEBINARDon't miss out on the work and living opportunities in Australia. But first, understand everything you need through our FREE webinar!Have you been looking for a change in work and living environments?...

Australia Partner Visa Webinar 2020

AUSTRALIA PARTNER MIGRATION WEBINAR Your Happily Ever After Should Not Be Difficult We value your personal goals and consider them as our own. In this webinar, you will learn all about getting a Partner Visa in the quickest and best possible way especially with the...

AIMS heads up to China in September 2015

AIMS is excited and proud to announce that it will be making its way to Shanghai, China in September this year for the 2015 Shanghai Overseas Property, Immigration , Investment Fair. There has been an increase in the number of elites and millionaires from all walks of...

You May Also Like…

Temporary Work (International Relations) Visa – Subclass 403

Temporary Work (International Relations) Visa – Subclass 403

ABOUT SUBCLASS 403 The subclass 403 is designed for people who want to engage in specific work or activities that improve Australia’s international relations. For this visa, there are 6 streams available. AVAILABLE STREAMS Government Agreement This stream allows...

Work and Holiday Visa – Subclass 462

Work and Holiday Visa – Subclass 462

About Subclass 462  The Work and Holiday Visa is intended for young adults aged 18 to 30 who intend to engage in short term work to fund their stay in Australia. Holders of this visa are granted up to 12 months of stay with multiple exits and entries allowed.   Am I...

Working Holiday Visa – Subclass 417

Working Holiday Visa – Subclass 417

About Working Holiday Visa  The Working Holiday Visa (Subclass 417) is designed for young adults aged 18 to 30 who want to extend their stay in Australia and do some part time work to fund their trip. Validity of this visa is up to 12 months with multiple exists and...

* indicates required

Success! Thank you for registering for our upcoming webinar. You should receive a confirmation email shortly.

One of our friendly agents will be in touch with you shortly!