Update on Labour Market Testing

As advised in our last newsletter, the new Labour Market Testing requirement for the TSS visa is the change that is concerning our clients the most.

We still await legislation which will be the final piece of the jigsaw; this could be any day. What we do know is that advertisements must be placed for at least 4 weeks, so we encourage clients to be prepared for the extended time requirement and not to delay labour market testing. We can reasonably expect that the “flexibility” that the Department is currently applying to its assessments, will continue to be applied for a transitional period.

At a recent Department of Home Affairs Roundtable, a senior Departmental officer reiterated its advice regarding a “flexible approach” to current Labour Market Testing.

Depending on the nominated occupation and / or salary level, some nominations for Business Sponsors with Accredited Status may be auto-approved or eligible for streamlined processing. However, it is nonetheless imperative that evidence of LMT or alternative evidence be provided at the time of lodgement.

Ajuria Lawyers will provide a further update as soon as the new legislation relating to LMT is available.

DISCLAIMER This information is current as at 13 June 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.