Australia: Government Applying Stricter Policy Interpretation to Labor Market Test
November 9, 2023
The Department of Home Affairs is now applying a stricter policy interpretation to the duration of advertised positions for labor market testing (LMT) purposes under the Temporary Skill Shortage subclass 482 (TSS) and Skilled Employer Sponsored Regional (Provisional) subclass 494 visa (SESR) programs. As always, unless certain exemptions apply, employers are required to advertise nominated positions for at least four weeks on three recruitment platforms with national reach in the four months prior to lodging a TSS or SESR nomination application. However, the DHA has advised that they will no longer accept evidence of non-consecutive advertising for LMT purposes. For example, “back-to-back” advertisements, where, for example, an advertisement is run from May 2-24, 2023 (21 days) and then a duplicate advertisement is run from May 25 to June 5, 2023 (12 days), will no longer comply with LMT requirements as they are not being carried out over a continuous period of time. As a result, Fragomen encourages all employers to ensure that the nominated positions are being advertised for at least four consecutive weeks to meet the DHA’s new position.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.
Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.
Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.
Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.
Media mentions
Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.
Video
Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.
Blog post
Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.
Fragomen news
Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.
Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.
Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.
Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.
Media mentions
Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.
Video
Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.
Blog post
Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.
Fragomen news
Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".