Have you found the perfect candidate who has great “culture fit”, “specialised knowledge” or “expertise” but your recruitment efforts have not met the Labour Market Testing (LMT) requirement for visa purposes?
International talent acquisition continues to play an integral role in the growth and sustainability of businesses but as always, the devil is in the details.
Though your business may be recruiting all year, if you are open to employing an overseas national on a Temporary Skill Shortage (TSS) Visa remember that your advertising must meet the Department’s LMT requirements.
For applications lodged on or after 12 August 2018, this advertising must be done:
- within the 4 months immediately before lodging a nomination application; or
- in the case of redundant or retrenched positions – since the date that these events occurred.
At least 2 advertisements meeting these requirements must be published in an approved medium. This can include:
- a professional recruitment website with national reach (e.g. jobactive.gov.au, Seek);
- LinkedIn’s online recruitment platform (where it is not restricted to profile members only);
- reputable industry specific recruitment websites;
- newspapers/ magazines with national reach, published at least monthly;
- radio programs that are broadcast or syndicated nationally; or
- on the business’ website if the sponsor is an accredited sponsor.
It is not necessary that the advertisement be published on a paid job board, however generally social media and classified sites are not accepted.
A copy of the advertising material must be submitted with the application and should evidence:
- that the advertising was undertaken in Australia in English;
- contain the name of the employer/recruitment agency;
- the title, or a description, of the position;
- the skills or experience required for the role (e.g. tertiary qualifications plus 2 years’ experience);
- the salary (or salary range) for the position if the annual earnings are lower than AUD96,400.
Exemptions and alternative requirements exist in limited circumstances. For example, in the case of intra-company transfers, the ongoing employment of senior managers and international trade obligations to name a few.
Please contact us on firstname.lastname@example.org to seek advice on the suitability of your LMT evidence or eligibility for exemptions.