- Labour Market Testing
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With the replacement of the 457 Visa to the new Temporary Skill Shortage (TSS) Visa in March 2018 come new obligations for employers regarding Labour Market Testing. Put simply, Labour Market Testing will be required for every occupation applied for under the new TSS Visa unless exempted by international trade agreements.
Previously labour market testing was only applicable to certain occupations, but this will change entirely in March 2018.
What is Labour Market Testing?
Labour market testing is providing evidence that a business has advertised a position and attempted to recruit a suitably qualified, experienced Australian citizen or permanent resident for the role.
This includes proving advertising placement, receipts for the cost of advertising and that the requirements of the role under which you are applying for the TSS Visa where the same for the Australian citizen as for the overseas worker.
What type of evidence is required to prove Labour Marketing Testing?
The new requirements require sponsors to have advertised for within the previous 12 months prior to lodging the application for the TSS visa. This serves as evidence that an Australian was not able to fill the position and therefore the TSS visa is required to fill the role from overseas.
The type of evidence required to prove Labour Market Testing includes:
- Copies of advertising referenced in the nomination form.
- Receipts for any advertising fees paid.
What you need to do NOW!
If you intend on sponsoring overseas employees in the future, you should begin advertising for these roles NOW to fulfil the new Labour Market Testing requirements.
The new requirements are likely to result in delays in both applications and processing times which have already been delayed by changes made in April last year.
With this new Labour Market Testing change coming in March, we would suggest, if possible that any applications should be lodged prior to this date to minimise impact.
Please contact us on 02 9235 0919 if you need assistance to lodge your applications before March 2018.