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Labour Market Testing LMT in Australia

Labour Market Testing (LMT) 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.

Firstly, it's essential to understand that labour market testing (LMT) is a requirement for many skilled visa applications in Australia. This means that employers must demonstrate that they have made a genuine effort to recruit locally for the position and have been unable to find a suitable Australian citizen or permanent resident to fill the role.

When preparing a labour market testing report, it's essential to follow these steps:

  • Identify the relevant occupation;

  • Advertise the position: You must advertise the position through various channels, including the Australian Government's website, national newspapers, and relevant industry publications. The advertising must run for a specified period of time and must include specific details about the position;

  • Document the recruitment process: You must document the recruitment process, including any applications received and why certain applicants were unsuitable for the role.

  • Analyse the results: You must analyse the results of the recruitment process and provide a comprehensive and well-written summary of your findings, including the number of applications received, the number of suitable applicants, the candidate's qualification and experience, and grounds why the successful candidate was chosen under the current legislative instrument in place;

Now, as for why you should contact Zeolla Solutions for labour market testing report preparation, there are several reasons:

  • Expertise: Zeolla Solutions has extensive experience preparing labour market testing reports for skilled visa migration in Australia. Our team of Migration Law Writers understands the legal requirements and can ensure that your LMT report meets all the necessary criteria.

  • Speed: Our team can work quickly and efficiently to ensure that your labour market testing report is prepared in a timely manner observing the legislative instrument in place and the Department of Immigration policies and regulations.

  • Compliance: We are committed to ensuring that all our clients fully comply with Australian Laws and immigration regulations. Our LMT Labour Market Testing reports are designed to meet all the necessary requirements and minimise the risk of any delays or complications in the visa application process.

If you are seeking to prepare a labour market testing report for skilled visa migration in Australia - we highly recommend contacting Zeolla Solutions. With our expertise, customised solutions, speed, and commitment to compliance, we can help you achieve your immigration goals in a timely and efficient manner.

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 illustrates that s no 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. A well-prepared LMT helps 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);

  • Pacific Australia Labour Mobility PALM scheme;

  • Dairy, fishing, meat, pork and horticulture industry - LMT requirements;

  • Designated Area Migration Agreement (DAMA) labour market testing;

  • Labour market testing for non-immigration purposes;

Zeolla Solutions’ Labour Market Testing (LMT) Reports cover all the Department of Home Affairs requirements, such as:

  • Business overview;

  • Structure and Organisational Chart;

  • Job Descriptions;

  • Job Ads progress;

  • 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;

  • Labour market testing analysis;

  • Using the latest research reference to support evidence;

  • Comprehensive and detailed Labour market testing report;

The Labour Market Testing & LMT Requirements

Labour market testing (LMT) is an essential requirement for Australian employers who wish to employ an overseas worker in certain skilled visa categories like the Subclass 482 visa. The process involves demonstrating that the employer has tested the Australian labour market for suitable candidates by advertising the job position in Australia and proving that no suitable Australian worker is available for the job.

Labour market testing was introduced in Australia in 2013 as part of the government’s immigration policy. However, in response to the COVID-19 pandemic, some additional changes were made to strengthen the test’s requirements. These changes took effect on October 1, 2020, and required the employer to advertise the job position on Workforce Australia’s website (formerly known as JobActive).

In summary, the LMT is an essential requirement for employers who wish to employ an overseas worker in Australia. Employers must comply with the LMT requirements unless they are exempt due to an International Trade Obligation or meet specific circumstances outlined in the regulations. Therefore, employers must understand the LMT requirements to ensure compliance with Australian immigration laws.

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

or call us on 1300 086 697 or 0451177997.

Order your LMT report today!


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