Labour Market Testing of Salaries to Commence

From the 23rd of November, 2013 companies that intend to sponsor workers under the 457 visa program will have to:

* Consider whether they must undertake labour market testing in relation to a nominated occupation, such that the Immigration Minister is to be satisfied that a suitably qualified Australian citizen, Australian permanent resident or eligible temporary visa holder is not readily available to fill the nominated position

* Where required, provide evidence in relation to the labour market testing, which must accompany the application for a nomination of a skilled position

* Provide information if one or more Australian citizens or Australian permanent residents were, in the previous 4 months, made redundant or retrenched from positions in the nominated occupation in a business – or an associated entity of the approved sponsor

* Ensure that if there have been redundancies or retrenchments, the labour market testing has been undertaken after those redundancies and retrenchments

If the approved business sponsor elects to provide evidence and information other than evidence of advertising and fees, or payment of fees, to support their claim to have tested the labour market, the Immigration Minister may take that evidence and information into account.

If the approved sponsor elects not to provide such other evidence or information, the Minister is not to treat the nomination less favourably merely because of that fact;

There are exemptions from labour market testing in circumstances where there has been a major disaster, or the skill level of the nominated occupation is equivalent to Skill level 1 or Skill Level 2 as provided for in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) – except for protected qualifications or protected experience, where labour market testing will will be required..

Details of protected qualifications or protected experience are awaited, but are presently understood to apply to engineers and those with nursing qualifications.

If you are considering an application to become a business sponsor under the 457 visa program please feel able to telephone us to discuss how we might help. If you telephone Go Matilda Visas there is no obligation to instruct us.

Following a conversation we will be pleased to send a fixed fee proposal which details our fees, and Department of Immigration Visa Application Charges.

Our contact details are as follows:

• Melbourne: 03 9935 2929
• Perth: 08 9261 7762
• Brisbane: 07 3112 2925

• Southampton: 023 80 30 25 25
• Singapore and SE Asia: +65 6248 4739
• Spain: +34 952 76 83 62