UPDATE: SKILLING AUSTRALIANS FUND AND LABOUR MARKET TESTING

457 VISA AND SPONSORSHIP,482 VISA AND SPONSORSHIP,PERMANENT RESIDENCY,TEMPORARY SKILL SHORTAGE VISA,VISA AND IMMIGRATION

Yesterday the Department of Home Affairs released an update about the status of the Skilling Australians Fund (SAF) and Labour Market Testing (LMT) for the Temporary Skill Shortage Visa.

The Skilling Australians Fund is expected to come into effect at some point in the period after the 1st of July and will be payable on the Temporary Skill Shortage (TSS) subclass 482 visa, the Employer Nomination Scheme subclass 186 visa and the Regional Sponsored Migration Scheme subclass 187 visa.

When it the SAF is implemented, there will also be changes bought into effect for Labour Market Testing. These will require that the LMT be conducted for a period of four weeks, no more than four months before the nomination is lodged, and all advertisements must outline any necessary skills and experience for the position.

One positive to come out of the update is that LinkedIn job advertisements and job postings on industry specific recruitment platforms are now an acceptable medium to prove LMT.

Update from the Department of Home Affairs

 

Skilling Australians Fund (SAF) update

The Migration Amendment (Skilling Australians Fund) Bill 2018, passed by the Parliament of Australia on 9 May 2018, is expected to be implemented during the first quarter of 2018-19.

When implemented:

  • the SAF Levy will be payable on Temporary Skill Shortage (TSS), subclass 186 and 187 nomination applications; and
  • there will be changes to the LMT settings including requiring LMT to be conducted:
    • for a period of four weeks
    • no more than four months before the nomination is lodged
    • such that advertisements set out any skills or experience requirements that are appropriate to the position.

Note: Until such time that the above changes are implemented, LMT should continue to be undertaken in accordance with the arrangements specified in the Procedural Instructions Temporary Skill Shortage (TSS) visa (subclass 482) – nominations, available in Legendcom and previous editions of the Skilled newsletter.

 

Labour Market Testing (LMT) for TSS update

Not withstanding the LMT changes associated with the SAF Bill mentioned above, the list of acceptable mediums in which nominated positions may be advertised has been extended to include LinkedIn’s online recruitment platform and industry specific recruitment websites that are relevant to the nominated occupation.

For further information from the Department of Home Affairs click here