The requirement to advertise a position and test the local labour market before you employ an overseas worker depends on the visa stream. If labour market testing is required, it must be completed inline with the requirements of the Department of Home Affairs.

If you wish to employ a Working Holiday (417) or Work & Holiday (462) visa holder, you do not need to have advertised the position for migration purposes. The same applies to Student (500) and Temporary Graduate (485) visa holders.

However, if you are looking to sponsor an individual on one of the following visas, then labour market testing must have been completed:

• Temporary Skill Shortage (TSS) visa (subclass 482) Short-term stream and Medium-term stream
• Employer Sponsored Regional (Provisional) visa (subclass 494)
• TSS visa (subclass 482) and Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) Labour Agreement stream
• Global Talent Employer Sponsored (GTES)
• Designated Area Migration Agreement (DAMA).

To make the process more complex, how and when you advertise and the level of proof that is required will vary depending on the visa stream. It is important that this is done correctly prior to any nomination application being submitted with the Department of Home Affairs. If it is not, the application will be refused.

There are also exemptions on the need to test the local labour market. The exemptions are based on:

• Specific occupations
• Where there is an International Trade Obligation
• Where an ‘alternative’ submission applies.

These exemptions only cover a small group, and as a general rule, labour market testing is needed.

FC Lawyers assist our clients by reviewing all advertisements to ensure that they contain the required details. We also advise on the location the ads must be placed and how long they must be run for and accept applications.

If you would like to discuss your migration options, or what to do before hiring an overseas worker, please contact our team today.