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Updates to Labour Market Testing for TSS 482 and SESR 494 visas

From 11 December 2023, the Australian Government has made changes to Labour Market Testing requirements for Temporary Skill Shortage subclass 482 (TSS) visa and Skilled Employer Sponsored Regional subclass 494 visa.

Previously, employers were obligated to advertise at least one position on the Government’s Workforce Australia website, but this requirement has now been eliminated. The modifications aim to simplify and streamline the Labour Market Testing process.

Who will these changes apply to?

These adjustments are crucial for employers and applicants alike, impacting those in the process of nomination as well as those considering future applications.

What will be changing?

Employers are no longer required to advertise on the Workforce Australia website to meet LMT requirements for TSS and 494 visa sponsorships. This simplifies the process and reduces administrative burden.

If employers can’t use an exemption or alternative evidence, they must:

Advertise a nominated position on two platforms:

  • A prominent national recruitment website.
  • Accredited sponsor business website (if applicable).
  • National print media or radio with national reach.

 

These advertisements must be visible for a minimum duration of four weeks within the four months preceding the nomination application. Continuous advertising is mandated, while non-consecutive periods are not accepted. Overlapping periods are permissible, but back-to-back periods are not.

These changes afford employers greater flexibility in the advertising process, allowing them to choose from diverse platforms to meet the criteria. Two or more overlapping advertisements are acceptable, facilitating continuous applications or expressions of interest for at least four weeks.

In a related update, the Department clarifies that evidence of non-consecutive advertising will not be accepted. Job advertisements must run continuously for a minimum of four weeks, with overlapping advertisements deemed acceptable, while back-to-back advertisements are not compliant.

These modifications form part of a comprehensive Migration Strategy announcement, expected to unveil additional adjustments to the Temporary Skill Shortage program. These changes aim to streamline the immigration process, ensuring the integrity of Labour Market Testing requirements.

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