Employers wishing to sponsor overseas skilled workers on 457 visas may now be required to satisfy the Department of Immigration and Border Protection (“DIBP”) that they have attempted to recruit from within Australia to fill the nominated role. In migration speak this is known as “Labour Market Testing” and it can be a critical factor in certain applications. Whether the nominated position is required to meet the Labour Market Test criteria depends on a range of factors, including the type of occupation the employer is nominating, whether there are international trade obligations under an international trade agreement or whether the role involves the transfer of a current employee from an associated entity operating in certain countries.
Critically, if the nominated role is one which requires Labour Market Testing, evidence of the recruitment efforts MUST be shown at the time of lodgement of the nomination application. There is no ability for a case officer to request this information from an employer. A failure to provide the information with the lodgement of the application will lead to a refused application. A range of recruitment practices are acceptable and must have occurred within 12 months prior to the lodgement of the nomination application.
For more information about which occupations require Labour Market Testing and what is acceptable, contact one of our Registered Migration Agents!