New Countries Exempt From LMT

Vietnam is the latest country that has been added to the list of countries that Australia has free trade obligations with. Citizens of Vietnam would be exempted from the strict Labour Market Testing requirements for the Subclass 482 nomination application. There are a number of other countries to be included in the’ Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)’ shortly.

 

Labour Market Testing (LMT) requirements were strengthened in late 2018 which imposed the following strict requirements to the job advertisements that needs to be published before a Subclass 482 nomination can be lodged:

  • LMT to be completed within the last 4 months;

  • Can only be posted on certain mediums. If online method is chosen, only certain recruitment websites with a national reach are suitable;

  • Must be published for at least 4 weeks;

  • Must be in English;

  • Must advertise the nominated salary etc.

 

This had added significant difficulties to applicants because it inevitably imposes at least a 4 week wait after the job advertisements are posted before they can lodge the nomination application.

There are currently 11 international trade agreements which Australia is signatory to. Citizens of countries who are also parties to these international trade agreements receive a benefit where LMT requirements do not apply to them. This is because s 140GBA(1)(c) provides that the LMT condition does not apply to a nomination if it would be inconsistent with any international trade obligation.

Vietnam recently became a party to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on 14 January 2019.

 

Are there any other countries that are also exempt from LMT?

 

See a full list of the 11 international trade agreements for more information.

 

Nevertheless, we note that the following countries are expected to join the CPTPP, and will come into effect 60 days after they complete their respective ratification processes. These countries will soon be exempt from the LMT requirements as well:

  • Brunei Darussalam

  • Chile

  • Malaysia

  • Peru

 

So what does this mean?

 

The inclusion of more countries to these recognised international trade agreements means the citizens of these countries will soon be able to benefit from being exempt from LMT requirements. They are not required to meet the strict job advertisement requirements and do not have to wait for the 4 week period before lodging their nomination application.

If you intend to lodge a Subclass 482 application, contact us now to find out if you’d be eligible for LMT exemptions. At Agape Henry Crux, our lawyers are well trained to handle highly complex matters so book one of our lawyers to seek professional advice now by calling (02)-7200 2700 or email us to book in a time at info@ahclawyers.com.

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