Labour market testing (LMT)
Statutory definition
Section 140GBA of the Migration Act 1958 (Cth) requires, as a criterion for nomination approval in relation to certain visa subclasses, that the nominator has undertaken labour market testing in relation to the position. The Migration Regulations prescribe the form and content of LMT, including acceptable advertising channels and duration.
Explanation
Labour market testing (LMT) applies to most Subclass 482 nominations and some Subclass 186 (Employer Nomination Scheme) nominations. The requirement is that the sponsor has advertised the position in Australia and has genuinely sought to fill it with a qualified Australian citizen or permanent resident before turning to an overseas worker.
Current LMT requirements (as amended in 2020 and 2023) include:
- Advertising on two platforms, one of which must be Seek.com.au, LinkedIn, or a national print or online platform
- Advertisements must be in English, state the base salary rate, and be current within four months before lodgment
- The sponsor must not have retrenched an Australian worker in the same occupation in the four months before lodgment
LMT exemptions apply for some occupations (via international trade obligations) and for intra-company transferees.
How this term is used
LMT evidence is lodged with the nomination application. Failure to satisfy LMT requirements results in refusal of the nomination, which prevents grant of the visa. The LMT requirements are separate from the Skills in Demand visa (which replaced Subclass 482 from late 2024 for certain streams) — the new visa's LMT obligations align with the reformed framework.