Change to LMT Requirements

For employers seeking to sponsor foreign workers, it’s crucial to be aware of a recent change in the Department’s policy concerning the duration of job advertisements for LMT. This change can have a significant impact on the approval of nomination applications.

What’s the Recent Change? 

The change pertains to the length of job advertisements. Previously, advertisements that covered two or more separate time periods were considered sufficient to fulfill the LMT requirement if the total period exceeded four weeks. However, this is no longer the case.

Employers are now required to conduct LMT continuously over a specific period. This means that job advertisements must run without interruption for at least four weeks from the initial publication date.

Implications for Employers 

Let’s break it down with some practical examples:

  • Two Overlapping Advertisements: If you have two advertisements running with some overlap, it’s acceptable. For instance, the first ad runs from 1 January 2023 to 20 January 2023, and the second runs from 19 January 2023 to 05 February 2023. This complies with the LMT requirement.
  • Two Back-to-Back Advertisements: However, if you have two back-to-back advertisements, it doesn’t meet the requirement. For example, the first ad runs from 1 March 2023 to 20 March 2023, and the second from 22 March 2023 to 04 April 2023. This doesn’t comply with the continuous time frame required.

Key Takeaway 

This change is significant, and there have already been instances of Subclass 482 nomination refusals due to non-compliance with the new requirements. 

Here’s what you should do as an employer:

  1. Understand that multiple job advertisements over non-consecutive periods is no longer acceptable.
  2. Ensure that job advertisements remain active for at least 28 days, with 30 days providing a safer margin. If ads are closed, you may need to repost them, which can be challenging if a nominated worker’s visa is nearing its expiration date.

Written by Ross Ahmadzai

6 Nov, 2023

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