Subclass 457 visa Labour Market Testing Rules

Subclass 457 visa labour market testing rules were updated in November 2013. The rules were changed to require Australian employers to try to employ an Australian, before employing someone from overseas.

Temporary migrant workers are not substitutes for Australian workers

What the labour market testing rules mean is that temporary migrant workers are considered an addition to to Australian employment. This visa subclass does not exist to substitute for local employment.

Who does subclass 457 visa labour market testing apply to?

The labour market testing rules will mainly apply to technical and trade occupations. Exemptions do apply. We encourage you to obtain clear information that relates to your specific situation. But in most cases, those exemptions have been made where labour market testing would conflict with international trade obligations.

Relief and recovery workers are exempt

A further exemption is for relief and recovery workers. In the event that there is a disaster in Australia, this exemption will allow help to come into the country without delay.

How do I demonstrate compliance?

The Department of Immigration and Border Protection has released guidelines to help you meet the new rules. The Department will recognise a ‘broad range’ of recruitment activity as appropriate demonstration of compliance with the rule. Evidence of labour market testing will be valid for 12 months.

Contact us today to find out how this may affect your recruitment activity »  

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