Does 186 need labour market testing?

Is it necessary to undertake labour market testing (advertising) for a role to be sponsored under a permanent subclass 186 ENS visa? It was never required in the past. Arguably it isn’t required now, for there is no such criterion in the legislation. However there is a pandemic and mass unemployment.

What is a labour market test?

Visa and immigration officers will conduct a labour market test to determine whether there are any New Zealand citizens or residents available (see WG1. the employer has made a genuine attempt to attract and recruit suitable workers in New Zealand; and. suitable workers are not available in New Zealand (see WG1.

What is LMT process?

Labour market testing (LMT) involves advertising the nominated position in Australia. As the name suggests the purpose of the LMT is to show the Department of Home Affairs (DoHA) that you cannot find a suitable Australian citizen or permanent resident worker.

Is there a requirement to do labour market testing?

Our advice has been that although there is no legislative requirement obliging employers to undertake Labour Market Testing for the Employer Nominated (subclass 186) nominations the visa program does have a ‘Genuine Need’ provision which must be met.

When is labour market testing required for TSS?

Currently, Labour Market Testing is mandatory for Temporary Skill Shortage (TSS) (subclass 482) & Skilled Employer Sponsored Regional (SESR) (subclass 494) nominations.

Is the 186 the same as the 457?

Whilst the employer must have ‘a genuine need for a paid employee to fill a skilled position’ on the 186 – this is not the same as the Labour Market Testing requirements on a 457. Please can anyone clarify? You are correct.

How does an employer prove LMT in Australia?

Where a position is an intra-corporate transfer of an existing employee of a company to another branch or associated entity of that company operating in Australia, the employer can provide a formal letter of transfer or other documentation outlining the intra-corporate transfer arrangement as evidence of LMT.