Changes to the labour market testing requirements came into effect on 18 December 2023.    The requirement to advertise the position on www.workforceaustralia.gov.au has been removed.  Full details of the requirements to meet labour market testing are outlined below.

Understanding the Migration (LIN 18/036) Instrument 2018

Introduction

In the realm of immigration and workforce regulation in Australia, the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 stands as a pivotal legal document.   A summary of the requirements for Labour Market Testing are outlined below.

Period, Manner, and Evidence of Labour Market Testing

Labour Market Testing Period

The period for labour market testing is the 4 months ending on the day the nomination form is lodged.  Applications or expressions of interest for an advertised position must be accepted for at least 4 weeks from when an advertisement for the position is first published.  The position must be advertised continuously for 28 days.  Two advertisements must be placed and both advertisements may commence at the same time.

Manner of Labour Market Testing

The nominated position must be advertised in Australia as per below.

Advertisement Requirements

• Language: English.
• Method:  Advertisements must be placed on platforms with national reach in Australia (websites, print media, radio) and, if the sponsor is accredited, on the sponsor’s website.
• Content: Must include position details, skills required, sponsor’s name, and salary if below $96,400 pa base plus super.

Evidence of Labour Market Testing

• For Select Occupations/Positions: Requires a written submission justifying why a suitable Australian citizen, permanent resident, or eligible temporary visa holder is not available.
• For Other Nominations: A copy of the advertising material used.

Conclusion

The Migration (LIN 18/036) Instrument 2018 outlines specific guidelines and requirements for labour market testing in Australia. It is crucial for sponsors to understand and comply with these regulations to ensure nomination approval.   This overview of the Migration (LIN 18/036) Instrument 2018 is designed to provide clarity and assistance in navigating the complexities of Australian immigration and labour market regulations.