Compliant advertising and evidence preparation to meet your labour market testing obligations for employer-sponsored visas.
Labour Market Testing (LMT) is a requirement for most employer-sponsored visa nominations. It requires the sponsoring employer to demonstrate that they have genuinely tested the Australian labour market before seeking to fill a position with an overseas worker. The purpose is to ensure that Australian workers have been given a fair opportunity to apply for the role.
LMT is not just about placing an advertisement. The Department of Home Affairs has specific rules about where, when, and how advertising must be conducted, what information must be included, and how long the advertisements must remain active. Non-compliant LMT is one of the most common reasons for nomination refusal.
The LMT requirements were updated with the introduction of mandatory advertising on Workforce Australia. Employers must ensure their advertising meets the current rules, not the old requirements. We stay up to date with all legislative changes.
As of the current legislative framework, compliant labour market testing requires the following:
Each advertisement must run for a minimum of four weeks (28 days). The advertising must have been conducted within the four months prior to lodging the nomination application.
The advertisements must include specific information to be considered compliant:
We frequently see employers make errors that render their labour market testing non-compliant. These include:
Our LMT assistance service ensures your advertising is fully compliant before you spend money on nomination fees and the SAF levy. We provide:
We draft compliant job advertisements that meet all Department requirements while still accurately representing the role. We advise on the best platforms for your industry and occupation.
We guide you on what evidence to collect during the advertising period, including screenshots with dates, PDF records of the advertisements, and records of applications received and how they were assessed.
Before nomination lodgement, we review all LMT evidence to confirm it meets every requirement. If there are gaps, we identify them early so they can be addressed before the nomination is at risk.
We prepare a detailed LMT submission to accompany the nomination application, clearly presenting the evidence and demonstrating that genuine efforts were made to recruit locally.
Getting LMT right before lodgement costs far less than dealing with a refused nomination. A refusal means lost SAF levy fees, delays in your recruitment timeline, and the need to start the process again.
Some nominations are exempt from LMT requirements. Exemptions may apply in cases where an International Trade Obligation (ITO) exists, where the occupation is on a specific exemption list, or where a labour agreement is in place. We can advise whether an exemption applies to your situation.
Avoid costly mistakes. Contact us before you start advertising to ensure your LMT is compliant from day one.
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