If you’re an employer sponsoring a worker on a subclass 482 visa, you may have heard about Labour Market Testing (LMT) exemptions. One of the most common exemptions applies when the nominated worker has already been working for the sponsoring employer — but the details of how this exemption works are often misunderstood. Here’s what migration professionals have discussed about the key requirements.
The 2-Year Continuous Employment Exemption
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According to the policy instructions, a Labour Market Testing exemption applies where the nominated worker has worked for the sponsor in the nominated position in Australia on a continuous, full-time basis for two years immediately before the nomination is lodged.
This is one of the most commonly relied upon LMT exemptions for 482 visa nominations, but there are some important nuances to be aware of.
Must It Be the Immediate 2 Years Before Lodgement?
This is a question that comes up frequently. The key word in the policy is “immediately” — the two years of continuous, full-time employment must be the two years directly preceding the date the nomination is lodged.
For example, if a worker spent 2 years with the sponsoring employer, then went to work for another employer for 6 months, and then returned to the sponsor for 3 months before the nomination was lodged — this would not satisfy the exemption. The 2 years of employment was not immediately before the nomination date, and the continuity was broken.
The consensus among migration professionals is clear: it must be two continuous years immediately before lodgement, not just any two-year period at some point in the past.
What Evidence Do You Need?
You might expect that proving 2 years of continuous employment would require extensive documentation — payslips, bank statements, tax records, and more. However, migration agents have reported that in practice, a statement of service from the employer has been sufficient evidence to support this exemption, without needing to provide all payslips and bank statements.
That said, it’s always advisable to have additional supporting documents available in case DHA requests further evidence during processing. Having payslips or employment contracts on hand can strengthen the application if questions arise.
Key Takeaways
- The LMT exemption requires 2 years of continuous, full-time work for the sponsor in the nominated position.
- The 2 years must be immediately before the nomination is lodged — not just any 2-year period in the past.
- Any break in employment with the sponsor (e.g., working for another employer in between) will likely disqualify the exemption.
- A statement of service from the employer is often sufficient evidence, though having additional documents ready is recommended.
If you’re unsure whether your situation qualifies for an LMT exemption, or you need help preparing a nomination application, professional advice can save you time and avoid costly mistakes.
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Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
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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