Exemptions from Labour Market Testing (LMT) for TSS Visa

Planning on sponsoring skilled overseas workers to work for your company? Do you know that there are some nominated occupations that are exempted from the Labour Market Testing (LMT) for the Temporary Skill Shortage (TSS) (subclass 482) visa? 

 

What are the exemptions to Labour Market Testing (LMT)? 

Employer sponsors do not need to undertake the LMT requirements if:

  1. For occupation-based exemptions, applicants need not undergo LMT if one of the following criteria is satisfied:

    1. Occupations previously available under the now defunct Temporary Work (Skilled) visa (subclass 457) and now unavailable under the TSS (subclass 482) visa and the Skilled Employer Sponsored Regional (SESR) (Provisional) visa (subclass 494) programs;

    2. The occupation to be filled by a person is from a company operating overseas and they will be sponsored into Australia by an associated company operating onshore (also known as intra-company transfer);

    3. The occupation or profession, or in any of the following fields, requires the skilled applicant to have an internationally recognised record of exceptional and outstanding achievement such as sport, academia, research or culinary arts;

    4. The annual earnings of the nominated occupation are believed to be equal to, or greater than AU$250,000; 

    5. The occupation falls within the group of General Medical Practitioners, Medical Practitioners or Ambulance Officers and Paramedics. 

  2. TSS (subclass 482) visa’s LMT for nomination For ITO is not required if any of the following is satisfied:  

    1. The visa applicant is a citizen or a national or a permanent resident of China, Japan, Mexico, Canada, Thailand, Chile, South Korea, New Zealand or Singapore;  

    2. They are currently employed by a company associated with the sponsor’s company, and the associated company is based in the abovementioned countries and any Association of Southeast Asian Nations-member country; 

    3. They are a citizen of a World Trade Organisation (WTO) member country or territory; or  

    4. They have worked for the employer full-time in the nomination position in Australia for the last two (2) years. 

    5. Further, the following positions, for the purpose of ITO, are considered Executive or Senior Manager positions: 

      1. Advertising Manager  

      2. Chief Executive or Managing Director  

      3. Chief Information Officer  

      4. Corporate General Manager  

      5. Corporate Services Manager  

      6. Finance Manager  

      7. Human Resource Manager  

      8. Sales & Marketing Manager  

      9. Supply and Distribution Manager 

In instances where a major disaster struck Australia. Sponsors are then exempted to assist with relief and disaster recovery. However, for SESR nominations, no exemptions are available and are mandatory across the board.

You may contact us at Agape Henry Crux to know if an LMT exemption for a TSS nomination applies to your visa application. 

 

How Can Agape Henry Crux Help   

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.   

We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.      

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