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From the team at Carman & Associates

Exemptions For Labour Market Testing (Lmt)

Labour Market Testing (LMT) is mandatory component of all nomination applications submitted under the TSS visa program.

Approved sponsors need to provide evidence that there is no suitably qualified and experienced Australian Citizen or permanent resident readily available to fill the nominated position.

LMT must be undertaken in the manner prescribed by the regulations, failure to do so will result in refusal of the application. As of 12 August 2018, additional changes have been made to the LMT Requirements and there are very limited circumstances where an exemption applies.

The following exemptions currently apply:

  1. The nominee is a citizen/national of China, Japan or Thailand; or citizen/national/permanent resident of Chile, Korea, New Zealand or Singapore.
  2. The nominee is a current employee of a company that is an associated entity of the sponsor; and that associated entity is located in Chile, China, Japan, Korea, New Zealand or any ASEAN nation.
  3. The nominee is a current employee of an associated entity of the sponsor’s business and that associated entity operates in a WTO member country, and, nominated as an Executive or Senior Manager; and will be responsible for the entire or a substantial part of the company’s operations in Australia.
  4. The nominee is nominated as an Executive or Senior Manager by an overseas business sponsor operating in a WTO member country; and will be responsible for the establishment of a new operation of that business in Australia.
  5. The nominee is a citizen of a WTO member country and is being nominated by an employer for whom the nominee has worked in Australia on a continuous, full-time basis for two years immediately before the nomination is lodged provided, the visa holder will be staying in the same nominated position; and either the new sponsor is still an associated entity of the original sponsor or the employer has stayed the same (that is, even if one company has ceased to exist).

If you are unsure of your obligations for LMT or whether or not an exemption will apply, call Carman & Associates on 02 9112 3999 and one of our experienced Registered Migration Agents will be able to assist you further.

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