Most people are aware that Labour Market Testing (LMT) is mandatory when applying for the Temporary Skills Shortage (TSS) Visa (Subclass 482); however, did you know there are some exemptions..?
As Australia is a member of many international trade agreements, the information below covers the exemptions available to date.
LMT is therefore not mandatory in the following circumstances:
• Your applicant is a citizen of China, Japan, Mexico, Thailand or Vietnam, or is a citizen/permanent resident (PR) of Canada, Chile, South Korea, New Zealand or Singapore. As part of the application, you will need to provide a copy of their passport/PR status to apply for this exemption.
• Your applicant is a current employee of a business that is an associated entity of your business and the business is located in Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Vietnam, Canada, Chile, China, Japan, Mexico, South Korea or New Zealand. A copy of their passport and employment contracts would be provided as part of this exemption.
• The applicant you nominate is a current employee of an associated entity of your business, that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation, and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia.
• He/she is a citizen or an eligible permanent resident of a WTO member country and has worked for you in the nominated position in Australia on a full-time basis for the last two years. A copy of their passport and employment contracts would be provided as part of this exemption.
• Your applicant has an internationally recognised record of exceptional and outstanding achievement in their field of sport, academia and research, or is a top-talent chef. A detailed submission will be needed to outline how only a few candidates are able to fit the role on an international scale.
On a final note, it’s important to understand the above exemptions applies to companies applying for a TSS visa for their applicant through a standard business sponsorship agreement. If you are looking to sponsor someone for a TSS visa using an approved On-Hire or Company specific Labour Agreement, there are customised agreements with Immigration, and you will need to check which exemptions may apply (if any).
Disclaimer: The above is the current information as per the Department of Home Affairs site; we strongly recommend you get professional advice, from a migration agent or migration lawyer, re the above information before lodging the TSS 482 visa.
For further assistance, please don’t hesitate to contact us, book an appointment or reach us at [email protected]
