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Labour market testing is a process which employers must undergo to access the 457 visa sponsorship programme. It is not required for all occupations, however we recommend that labour market testing be a core component for all 457 visa applications nonetheless!
Just to recap what we already know, the purpose of Labour Market Testing is to test 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 it recommended that LMT be done for all 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 they give are along the lines of:
“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 done to meet the skill shortage.
How can Labour Support Group help?
Well, we understand the value of doing a comprehensive labour market test to ensure that migration agents cover as much ground as possible in terms of proving the genuineness need of a position and also that the local market get a fair chance at employment.
We will ascertain, to the best of our ability, that your labour market testing is not only accurate and comprehensive but also gets the best chance to be approved especially now when things are a little harder.
To find out more about our labour market testing, contact us today!
Additionally, Labour Support Group offers a number of relevant services that play a special role in contributing to the success of your case. We offer the following custom-tailored, professionally prepared reports:
*** For all readers of Migration Alliance newsletters, Labour Support Group is offering the first 3 LMT enquiries a 50% discount!! ***
Contact us at 1300 527 778 or email This email address is being protected from spambots. You need JavaScript enabled to view it.
Alternatively if you would like to have a face to face discussion with our specialists in the month of April, email This email address is being protected from spambots. You need JavaScript enabled to view it. for more info today!
I called my mom hasani, a Tunisian and married I have two girls and twin want to immigrate and live in Australia