Labour Market Testing Exemptions in Australia

Labour Market Testing (LMT) in Australia has specific requirements that employers must meet before nominating a position for a visa applicant. While understanding these requirements is important, there are several exemptions that can waive the LMT requirements. In this article, our migration lawyers explain what LMT is and outline the types of exemptions available.  

What is Labour Market Testing (LMT)?

Labour Market Testing (‘LMT’) is a requirement under Australian Immigration Law that mandates employers to test the local labour market before nominating a position for a visa applicant. This ensures that there are no suitably qualified and experienced Australian citizens and/or permanent residents, or eligible temporary visa holders available to fill the position.

The LMT requirements are strict and there are specific requirements that must be satisfied in order to be valid for the purposes of a visa application. In saying that, there are a number of exemptions available that waives the LMT requirement.

Types of LMT Exemptions

Major Disaster Exemption

The Minister may, exempt a Sponsor from the LMT requirement if a major disaster has occurred in Australia, that has such a significant impact on individuals, that a government response is required, and the exemption is necessary or desirable in order to assist disaster relief or recovery.

Skill and Occupation Exemption

Exemptions from the LMT conditions apply in relation to the required skill level and occupation for a nominated position, however, there are currently no occupations specified.

International trade obligations and LMT

LMT conditions do not apply when it is inconsistent with Australia’s International Trade Obligations for the Sponsor to be required to satisfy the LMT conditions. These obligations refer to Australia’s commitments under our Free Trade Agreements and the World Trade Organisation General Agreement on Trade in Services.

By way of example, LMT is not required where it would conflict with Australia’s obligations in the following circumstances:

• The nominee is a citizen/national/permanent resident of: Brunei, China, Japan, Malaysia, Peru, Mexico, Thailand, Vietnam, Canada, Chile, New Zealand, Singapore or the United Kingdom.

If a Sponsor is claiming a concession to the LMT requirement under an International Trade Obligation, this should be indicated in the visa application.

RAMSDEN LAWYERS – HOW WE CAN HELP

If you are a Sponsor/Employer and you need assistance with a visa application, our Migration Division has considerable expertise for both individuals and businesses. We are happy to arrange an obligation-free initial consultation to assist you in navigating the relevant legislation for your circumstances. Please do not hesitate to contact us. 

The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice.  Specific advice should be sought about your circumstances.