Labour market testing (LMT) is a process that employers must undertake in order to access the 457 visa sponsorship programme. While it is not required for all occupations, labour market testing is highly recommended to be a core component for all 457 visa applications.
Just to recap what we already know, the purpose of labour market testing is to assess the local labour market to ensure that there is no suitably qualified and experienced Australian citizen or permanent resident from the local labour market readily available to fill the position.
In short, the process was introduced to meet genuine skills shortages.
Why is labour market testing recommended for all 457 visa positions, even if it is not required?
Now, you must be wondering why we recommend that labour market testing be done for all occupations. It is because of the Regulation 2.72(10) (f) of Migration Regulation, or in a term we are more familiar with – Genuineness of the position. Case officers have been using this regulation to undermine the genuineness of a 457 nomination, and some of the refusal outcomes given are:
“The position appears to have been created for the purpose of facilitating the entry to or stay in Australia for the nominee rather than to fill a genuine vacancy or skill shortage.” OR
“The evidence provided indicates that the nominated position was created to produce a migration outcome for the nominee.”
The conducting of LMT (advertising of the position) will serve as a piece of evidence that the business had in fact tried to source for local workers. Although the conducting of LMT will extend the entire 457 process, it may be the additional evidence that will prove to the case officer that the position is genuine and there had been genuine attempts carried out to meet the skills shortage.
How can Labour Support Group help?
We understand the value of doing a comprehensive labour market test. It ensures migration agents cover as much ground as possible, in terms of proving the genuine need of a position and that the local market get a fair chance at employment.
As migration agents, we will ascertain to the best of our ability that your labour market testing is not only accurate and comprehensive, but it also gets the best chance to be approved, especially now that things are somewhat more challenging.
To find out more about our labour market testing, contact Valet Migration today.
Content sourced from Migration Alliance.