Nominating a position in Australia
For specific visa categories, it is imperative to demonstrate to the Department of Immigration that a suitable Australian worker could not be sourced for the position in question. In such instances, when nominating an overseas worker, the employer (nominator) is obligated to conduct a Labor Market Test (LMT). The methodology, manner, period, and evidence for the LMT must be observed as the Migration (LIN 18/036: Period, Manner, and Evidence of Labor Market Testing) Instrument 2018 and the Migration (LIN 22/064: Migration (Labor Market Testing) Amendment Determination Instrument 2022 requires.
The Labour Market Test (LMT) report is essentially testing the local labour market for a specific vacant position prior to lodging a nomination application. This assessment ensures that there is no suitably qualified and experienced Australian citizen, permanent resident or ‘eligible temporary visa holder’ readily available to fill that vacant position. It also supports the employer’s decision of hiring an overseas worker.
The test must take place within six months prior to lodging a sponsorship application.
At Zeolla Solutions, we create job advertisements, post ads, shortlist and interview candidates and include their specifics and suitability in the Labour Market Testing - LMT Report.
Our Labour Market Testing (LMT Report) comprehensively illustrate that the employer has no other choice but to hire an overseas worker to fill the vacant position in the absence of a suitably qualified and experienced Australian citizen, permanent resident or ‘eligible temporary visa holder’.
A well-prepared Labor Market Test (LMT) can bring several benefits for an employer, including:
Compliance with immigration regulations: Conducting a Labor Market Test is a requirement for some visa categories, and a well-prepared LMT helps to demonstrate compliance with immigration regulations and reduces the risk of visa refusal.
Evidence of a genuine need for foreign workers: A well-prepared LMT provides evidence that the employer has made a genuine attempt to recruit local workers before turning to foreign workers, which can help to support the visa application.
Increased chances of visa approval: A well-prepared LMT can increase the chances of visa approval by demonstrating that the employer has considered the local labour market and has a genuine need for the foreign worker.
Evidence of a fair and transparent recruitment process: A well-prepared LMT demonstrates that the employer has followed a fair and transparent recruitment process and the department's guidelines, supporting the credibility of the visa application.
Avoiding discrimination claims: A well-prepared LMT can help to avoid discrimination claims by demonstrating that the employer has considered local workers for the position, regardless of race, gender, age, or other factors.
It's important to note that the Labor Market Test requirements vary depending on the visa category and specific circumstances, and the LMT should be tailored to the specific needs of the employer and the requirements of the visa category. A well-prepared LMT should be based on thorough research and should follow legislative instruments in place.
The Labour Market Testing (LMT Report) provided by Zeolla Solutions is customised based on the Department of Home Affairs requirements and visa criteria in order to support an employer nomination:
Labour Market Testing (LMT) - LMT Report:
Employer Nomination Scheme visa (subclass 186) Labour Market Testing (LMT);
Regional Sponsored Migration Scheme visa (subclass 187) Labour Market Testing (LMT);
Regional Sponsored Migration Scheme - Regional Certifying Body (RCB) Labour Market Testing (LMT);
Temporary Skilled Shortage (TSS) 482 Visa Subclass (Short Term – 2 years & Medium Term – 4 years) Labour Market Testing (LMT);
Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494) Labour Market Testing (LMT);
Labour Agreement stream Labour Market Testing (LMT);
Global Talent Employer Sponsored (GTES) Labour Market Testing (LMT);
Labour market testing for non-immigration purposes;
Zeolla Solutions’ Labour Market Testing (LMT) Reports cover all the Department of Home Affairs requirements, such as:
Structure and Organisational Chart;
Job Ads progress during a minimum of 21 business days (national print media, national recruitment websites and social media);
Handling job applications, resumes, and cover letters;
Shortlisting eligible applicants;
Video Job Interviews (all interviews and candidate information are kept private on our database and only disclosed to the Department and RMA on the LMT report);
Gathering recruitment attempt results;
Using the latest research reference to support evidence, etc.
The Labour Market Test Report (LMT) provided by Zeolla Solutions is tailored based on the Legislative Instrument Migration (LIN 18/036: Period, manner and evidence of labour market testing (LMT)) as the Department of Home Affairs requires and Legislative Instruments related to occupations and Assessing Authorities.
Contact Zeolla Solutions today for expert advice at email: firstname.lastname@example.org or call us on 1300 086 697 or 0451177997.
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