Labour Market Testing Exemption
As we have previously advised, Labour Market Testing (LMT) requirement is mandatory under the Temporary Skilled Shortage Visa (TSS) visa subclass 482 unless the applicant is exempt. This exemption has been expanded and now, for many of our clients, this will be good news as Intra Company Transfers are now considered in this exemption.
Currently, LMT will not need to occur where it would conflict with Australia’s international trade obligations, in any of the following circumstances:
- The worker you nominate is a citizen/national of China, Japan or Thailand, or is a citizen/national/permanent resident of Chile, South Korea, New Zealand or Singapore.
- The worker you nominate is a current employee of a business that is an associated entity of your business that is located in an 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.
- The worker you nominate is a current employee of an associated entity of your business who operates in a country that is a member of the World Trade Organisation (WTO), where the nominated occupation is listed as an “Executive or Senior Manager” and the nominee will be responsible for the entire or a substantial part of your company's operations in Australia.
- Your business currently operates in a WTO member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager”.
- The worker you nominate is a citizen of a WTO member country and has worked for you in the nominated position in Australia on a full-time basis for the last two years.
The good news
LMT exemption has been expanded to include situations where the person who is to be sponsored falls within one of the ‘select’ occupations as detailed below:
- An occupation that is to be filled by a person who is employed by a company operating overseas and they are to be sponsored by an associated company that is operating in Australia (otherwise known as an intra-company transfer)
- An occupation in a profession, or in any of the following fields, which requires the person to have an internationally recognised record of exceptional and outstanding achievement in the relevant field or profession such as sport, academia or research or a top-talent chef
- An occupation that is held by an existing visa holder of a subclass 457 or 482 where a new nomination must be lodged due to a change in the nominee’s annual earnings or where there has been a change in the business structure
- An occupation where the annual earnings will be equal to or greater than $250,000 AUD
- An occupation that falls within the group of General Medical Practitioner, Medical Practitioners nec or Ambulance Officers and Paramedics
When applying for exemption of the Labour Market Testing due to any of the 4 reasons above, a submission must be submitted to Immigration. In these instances, we will work with you on the relevant submission.