Labour Market Testing (LMT) is a critical step when sponsoring a worker under the Subclass 482 Temporary Skill Shortage visa. Employers must show that they have genuinely attempted to hire an Australian before seeking an overseas worker. Misunderstanding the LMT requirements can lead to nomination refusal.
Understanding LMT Requirements
To satisfy the Department of Home Affairs, employers must advertise the position on approved platforms for at least 28 consecutive days. The advertisement should be accessible nationally, include details about the role and salary, and be live for the entire period before a nomination is lodged.
The Pitfall of Overlapping Ads
Some employers try to meet the 28-day requirement by running several short advertisements that overlap. For example, they might publish four one‑week ads and allow each new ad to start before the previous one expires. This approach is risky. If one advertisement expires at 9:00 a.m. and the next begins at 8:00 a.m., can you prove there was no gap? The evidentiary burden falls on the employer to demonstrate continuous coverage, and overlapping ads may not be accepted.
Why Free Platforms May Not Comply
Free platforms like Jora automatically expire and relist advertisements. Migration practitioners warn that these “no fee” services may not meet the spirit or letter of LMT requirements, especially when ads overlap or are not continuously visible for 28 days.
Best Practice Recommendations
- Run one continuous advertisement for the full 28‑day period on each required platform.
- Use reputable paid job boards such as SEEK or LinkedIn rather than free options that may expire unexpectedly.
- Keep detailed records showing when advertisements were published and when they ended.
- Ensure your advertisement meets all content requirements (occupation, salary range, business name, and so on).
Key Points
- LMT is about demonstrating genuine efforts to hire locally.
- Overlapping short ads are risky because continuous coverage can be hard to prove.
- Free advertising platforms may not satisfy the Department’s requirements.
- A single continuous 28‑day advertisement on each platform with proper records is the safest approach.
Disclaimer: The information provided here is general in nature. LMT requirements can change, so it’s important to seek advice tailored to your situation.
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Need guidance on Labour Market Testing for your 482 visa nomination? Our team can review your advertising evidence and advise on best practice.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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