Are you applying for a TSS visa, and would like to check if you are exempt from Labour Market Testing?
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, this article will explain the available exemptions available to date. LMT is therefore not mandatory in the following circumstances:
• the worker 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 simply need to provide a copy of their passport/PR status to apply for this exemption.
• the worker 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 worker 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.
• the worker you nominate 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.
• the worker has an internationally recognised record of exceptional and outstanding achievement in their field of sport, academia and research, or 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 workers applying for a TSS visa using a company which has a standard business sponsorship agreement. If you will be applying for a TSS visa using an approved On-Hire or Company specific Labour Agreement, these are customised agreements with Immigration, and you will need to check which exemptions may apply (if any).
For further assistance, please don’t hesitate to contact us or reach us at [email protected]