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Labour Market Testing (LMT)
If you’re sponsoring a worker for a subclass 482 visa, you may need to show that you genuinely tested the Australian labour market by running compliant job advertisements and keeping the right evidence (or clearly documenting why an LMT exemption applies). Even small issues—like ads running for the wrong period, missing required details, or evidence that doesn’t match the nominated role—can trigger a request for more information or a refusal.
This page explains what LMT is, the key requirements, how to advertise correctly, the main exemption pathways (including international trade obligation scenarios), and the mistakes we see most often—so you can lodge with confidence.
Labour Market Testing (LMT) is the process where a sponsoring employer shows they attempted to recruit a suitably qualified Australian worker before nominating an overseas worker (often for subclass 482 and other employer-sponsored pathways). In practice, LMT usually means running compliant job advertisements in Australia and keeping evidence.
LMT is typically assessed at the nomination stage. If the nomination fails on LMT, the visa application can be put at risk.
For most nominations, the legal framework sets two key timing rules:
1) The 4-month window
LMT generally must be undertaken within the 4 months immediately before the nomination is lodged.
2) The 4-week acceptance period
Your advertisements must allow candidates to apply (or submit an expression of interest) for at least 4 weeks.
Redundancy/retrenchment note: Where there have been relevant redundancies/retrenchments, additional timing considerations can apply under the Act.
Advertising for the nominated position must be in English.
From 11 December 2023, the Department removed the requirement to advertise on Workforce Australia for LMT purposes. As a result, employers generally need two valid advertisements (instead of three).
Common compliant channels include:
Your ads should clearly state:
For most nominations, you should be ready to provide:
For most nominations, you should be ready to provide:
In some cases, Labour Market Testing (LMT) is not required because Australia has waived LMT under its International Trade Obligations (ITOs). These exemptions are fact-specific and usually depend on the nominee’s nationality/residency, whether the role fits an ITO category, and (in some cases) the employer’s corporate structure (e.g., associated entities).
The nominated worker is applying in an ITO LMT-exempt category and is a citizen/national of: Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam —or is a citizen/national/permanent resident of: Canada, Chile, South Korea, New Zealand, Singapore, the United Kingdom.
The nominee is a current employee of an associated entity of your business, and that associated entity is located in:
ASEAN countries (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Vietnam), or
Canada, Chile, China, Japan, Mexico, South Korea, United Kingdom, New Zealand, Peru, or Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands, Vanuatu.
The nominee is a current employee of an associated entity operating in a WTO member country/territory, and the nominated occupation is an Executive or Senior Manager occupation for ITO purposes, and the nominee will be responsible for the entire or a substantial part of the company’s operations in Australia.
Your business operates in a WTO member country/territory (or Tuvalu, Kiribati, Niue, the Cook Islands) and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for ITO purposes.
The nominee is a citizen or an eligible permanent resident of a WTO member country/territory and has worked for you in the nominated position in Australia full-time for the last two years.
Eligible permanent residents (for this specific scenario) include permanent residents of Armenia, Canada, New Zealand, or Switzerland.
These issues come up repeatedly in 482 labour market testing reviews:
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Find answers to common questions about Labour Market Testing requirements. For further support, contact Jade Immigration Lawyers.
ITOs are international trade commitments under certain agreements that can allow Australia to waive Labour Market Testing (LMT) in specific nomination scenarios.
Sometimes. An ICT-style pathway may apply where the nominee is a current employee of an associated entity overseas and is being transferred to an Australian associated entity, with evidence of the corporate relationship and employment history.
Common evidence includes: passport/residency proof, employment contract and payslips, group structure document.
Certain ANZSCO occupations are treated as Executive/Senior Manager roles for ITO purposes (e.g., Chief Executive/Managing Director, Corporate General Manager, Finance Manager, HR Manager). The role’s actual responsibilities and level still matter.
Generally no. ITO-based LMT exemptions do not apply to nominations lodged under a labour agreement.
Generally no. The ITO exemptions described for LMT typically do not apply to subclass 494 nominations.
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Yes. We help employers with the full LMT process, including confirming whether LMT is required, checking if an exemption may apply, reviewing your advertisements for compliance, and preparing an LMT evidence pack to support a strong nomination.