Labour Market Testing- TSS requirement
Since the arrival of Subclass(482) there has been alot of confusions on the Labour Market Testing requirements for TSS visa.
For lodging the nomination of any prospective employee you would like to sponsor. Businesses need to go through "Labour Market Testing"
Standard Business Sponsors need to go through this step in order for them to lodge a nomination application and attached evidence of this, unless an international trade obligation applies. There are no exemptions available for the Subclass(482) with respect to specific occupations or on the basis of skill level f group of occupations.
International Trade Obligations
In any of the following circumstances the LMT would not be required
Worker should be a citizen/national of China, Japan or Thailand or is a citizen/national/resident of Chile,South Korea, New Zealand or Singapore.
The nominated worker is employed in a business which is an associated entity to your business located in Australia. The associated business should be located in Association of South-East Asian Nations(ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam), Chile, China, Japan, South Korea or New Zealand
Nominated worker is employed currently in an associate entity which operated in a country that is a member of the World Trade Organization(WTO). Occupation should be executive role for the purposes of international trade obligations.
The nominee is a citizen of a WTO member country or territory and has worked for you in the nominated position for the last 2 years on full-time basis.
Timing of LMT
Labour Market Testing must be undertaken.
For all applicants where the nomination application was lodged before 18 June 2018- within 12 months prior to lodging the nomination file.
If the nomination application was lodged after or on 18 June 2018- within the previous 6 months prior to lodging a nomination application.
Within 4 months of lodging the nomination application, the sponsor or the associated entity has made any Australian citizen or permanent resident redundant.
For any nomination to be approved now you would need
The nominated position has to be advertised in Australia
The advertising should be in English and including the following information
Position, Description and the title
Name of the approved sponsor or the name of the recruitment agency being used by the sponsor
Annual earnings made by the position(Exemption to this would be unless the earnings are greater than the Fair work high income threshold)
Two advertisements to be published either on
National Recruitment Website(Jobactive.gov.au)
National print media
National radio or business website if the sponsor is accredited
21 consecutive days of live advertisement of its published on website
If advertisement is published in print media or radio, 21 consecutive days to be allocated for applications or expressions of interest
Advertisement by third party if authorized to do so by the sponsor.
Alternative evidences that can be used
In order to prove that the applicant can be considered for the position and that "a suitable qualified and experienced Australian worker is not available to fill the nominated position"
Internationally recognized record of exceptional and outstanding achievement in a profession
New nomination lodged because the annual earnings will apply to the nominee
Change in business structure has lead to nominees employer lodging a new application to be approved as a standard business sponsor.
If you are an employer and would like to sponsor someone, please contact us.