New Labour Market Testing requirements to come into effect this year
As the Skilling Australia Fund (SAF) Act received Royal Assent on May 22, employers must prepare to fulfill additional Labour Market Testing (LMT) through increased job advertising through eligible channels. This change is set to affect the following visa categories: Temporary Skills Shortage (TSS), Employer Nomination Scheme (ENS – Permanent Residence), and Regional Sponsored Migration Scheme (RSMS).
Under the SAF Act, advertising must be conducted within a four month period before the nomination is submitted, and a copy of the relevant ad may be requested at lodgement. It must be posted for at least 28 days. The Minister for Immigration and Border Protection reserves the right to amend the method, language and duration of the advertisements.
The implementation date has not yet been set. It will either take place six months from 22 May 2018, taking it to 22 November 2018, or may be set by proclamation at an earlier date.
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