Labour Market Testing (LMT)

Q: What visa should I use to sponsor an overseas worker – 482, 186, or 494?

The right visa really depends on your specific business needs. Most of our clients start with the 482 temporary visa as it's generally faster and more flexible. The 186 is ideal if you're looking for a permanent solution right from the start. And if your business operates in a regional area, the 494 gives you access to additional occupations while offering your employee a pathway to permanent residency. During our initial consultation, we'll help you identify which option best aligns with your recruitment strategy.

Q: Can I sponsor someone for permanent residency straight away, or do I have to start with a temporary visa?

You absolutely can go straight to permanent residency with the 186 Direct Entry stream if your candidate meets the requirements. Many of our clients prefer this approach when they've found someone they want to retain long-term. That said, most businesses start with the 482 temporary visa and transition to PR later – it often gives you more flexibility and can be less demanding in terms of initial qualifications and experience requirements.

Q: Can my business sponsor an employee if we've only been operating for a short time or have low revenue?

Yes, newer businesses can definitely sponsor workers. What matters most is demonstrating that you're a genuine, operating business with the capacity to support an overseas employee. We've successfully helped many startups and growing companies secure sponsorship approvals by strategically presenting their case. The key is showing the Department that your need is legitimate and sustainable.

Q: Does the role we want to fill have to be on a skilled occupation list?

For standard visa pathways like the 482, 186, or 494, yes – the position needs to be on the relevant skilled occupation list. If your role isn't listed, a labour agreement may be an alternative.

Q: What is the full process for sponsoring an overseas employee – from start to visa approval?

The process has three main stages: Getting your business approved as a sponsor (if you're not already) Nominating the specific position The actual visa application for your employee. We handle all these steps for you – gathering documentation, preparing submissions, managing government communications, and monitoring the application through to approval. Our clients appreciate having one point of contact throughout the entire journey.

Q: Do we need to hire a migration agent, or can we do the sponsorship ourselves?

You can certainly handle the process yourself, just like you could do your own taxes or repair your own car. But most of our clients find that working with a specialist saves significant time, reduces stress, and minimizes the risk of costly refusals or delays. Immigration requirements change frequently, and small mistakes can lead to significant consequences. Our expertise helps ensure you get it right the first time.

Q: How much does it cost to sponsor an overseas worker – what are the fees and levies?

The costs include government fees, the Skilling Australians Fund levy (which varies based on your turnover and the visa duration), and our professional fees. We'll provide a comprehensive cost breakdown tailored to your specific circumstances after our initial assessment. This way, you'll have complete clarity on the investment required with no surprises along the way.

Q: Can the sponsored employee work in a different role or with another business?

In most cases, no – your employee needs to work in the specific role you've nominated, for your business or an associated entity. This is one of the most strictly enforced conditions. If circumstances change and you need to modify their role or have them work elsewhere, we'll need to lodge a new nomination or visa application.

Q: What happens if the sponsored worker leaves or if we terminate their employment early?

You'll need to notify Immigration within 28 days if the employment ends. Your employee will then have 180 days to find a new sponsor, apply for a different visa, or leave Australia. There's no penalty to your business if the separation is handled properly, but it's important to fulfill your notification obligations. We can guide you through this process to ensure you remain compliant.

Q: Can we take over the sponsorship of someone who is already sponsored by another company?

Absolutely – this is quite common and often faster than bringing someone from overseas. You'll need to become an approved sponsor (if you aren't already) and lodge a new nomination for their position. The employee can then apply for a new visa or transfer their existing one. We've helped many businesses successfully transfer skilled workers this way with minimal disruption to their employment.

Speak with an expert Registered Migration Agent and discover how we can help your business with seamless, hassle-free overseas employee sponsorship.

At a glance

TopicLabour market testing

Who it is forAustralian employers

Handled byRegistered migration agents

Our feesFixed fee, quoted upfront

Trusted By Hundreds of Australian Companies

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What Is Labour Market Testing (LMT)?

The Skills in Demand visa (subclass 482) and Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) allow employers to sponsor overseas workers to live and work in Australia on a temporary basis. Unless an International Trade Obligation (ITO) applies, you must provide evidence that you have tested the labour market by attempting to recruit a suitably qualified and experienced Australian worker for the nominated position. This is called the Labour Market Testing (LMT) requirement, the details of which are provided below:

Labour Market Testing (LMT) Requirements

To satisfy the LMT requirement, when the position nomination is lodged, you MUST provide evidence that you have advertised the position within the last 4 months, for a total period of at least 4 weeks (unless the nominated position is subject to alternative requirements).

The advertising must meet the following criteria:

the nominated position must be advertised in Australia
at least TWO advertisements (paid or unpaid) were published:
on a prominent or professional recruitment website with national reach, that publishes advertisements for positions throughout Australia

NOTES: Industry-specific recruitment websites that are relevant to the nominated occupation and in significant use by the industry are also acceptable.

General classifieds websites and advertisements solely through social media notification (e.g. Twitter or Instagram) are NOT acceptable. Although LinkedIn’s online recruitment platform is acceptable, job vacancies restricted to LinkedIn profile members only are NOT acceptable.

in national print media i.e., newspapers or magazines with national reach that are published on at least a monthly basis, and are marketed throughout Australia
on national radio i.e., radio programs that are broadcast or syndicated nationally

NOTES: the nominated position may be advertised in the same media type (such as newspaper advertisements − on two separate occasions) or in any two different media types simultaneously, or on two separate occasions. If you are an accredited sponsor, it is also acceptable to advertise on your business website. Since 11 December 2023, advertising on Workforce Australia is no longer required, so two valid advertisements are needed.

applications or expressions of interest for the position were accepted for at least 4 weeks from when the advertisement was first published

the advertisement must be in English, and must include:

the position title or description
the name of your business, associated entity (or the recruitment agency used)
the skills or experience required for the position and
the annual salary (or salary range or applicable enterprise agreement salary) for the position (required if the annual earnings are lower than $AU96,400)

NOTE: If within the last 4 months your business (or an associated entity) has made any Australian citizens or permanent residents redundant or retrenched from positions in the nominated occupation, you must have undertaken this advertising SINCE these events occurred.

You are required to supply copies of both advertisements placed as evidence that your advertising meets these criteria. Please also provide a brief statement regarding the results of your recruitment process, including how many candidates (if any) you interviewed, and why they were deemed unsuitable. If LMT evidence is not submitted at the time of the position nomination application lodgement, the application will be refused.

Alternative Labour Market Testing Arrangements

Alternative LMT requirements apply in certain circumstances, i.e. where:

the position requires someone with an internationally recognised record of exceptional and outstanding achievement in a profession or field (e.g. sport, academia or research, or as a top‑talent chef); OR
the nomination is lodged for an existing subclass 482, 494 or 457 visa holder solely due to a change in earnings or business structure; OR
the nomination relates to an intra-corporate transfer; OR
the annual earnings for the position are at least AU$250,000; OR
the position nominated is a key medical occupation: i.e. most medical practitioners (except general practitioners and medical practitioners nec), as well as ambulance officers and paramedics

In these circumstances, the mandatory LMT requirements referred to above do NOT apply. Instead, you must provide a written submission explaining why a suitably qualified and experienced Australian is not readily available to fill the nominated position. Please contact us for further details regarding the information that you must provide in your submission, if applicable.

International Trade Obligation Exemptions to LMT

LMT is NOT required where an ITO applies. This occurs where the person you are nominating is:

nominated for a Skills in Demand (subclass 482) visa (These exemptions do not apply to subclass 494 nominations or nominations under a labour agreement) AND
a citizen/national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom OR
currently employed by an associated entity of your business that is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea, the United Kingdom, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, the Solomon Islands, Niue, the Cook Islands or Vanuatu OR
currently employed by an associated entity of your business that operates in a country that is a member of the World Trade Organisation (WTO). The person must be nominated in an Executive or Senior Manager occupation for the purposes of international trade obligations, and must be responsible for the entirety (or a substantial part) of your company’s operations in Australia OR
nominated as an Executive or Senior Manager occupation for the purposes of international trade obligations, and your business currently operates in a WTO member country or territory, and is seeking to establish a business in Australia OR

citizen or eligible permanent resident (meaning permanent residents of Armenia, Canada, New Zealand or Switzerland) of a WTO member country or territory, and has worked for you (or an associated entity) in the nominated position in Australia on a full-time basis for the last two years.

Where an ITO applies, you will need to provide additional documents based on your nominee’s circumstances and the relevant obligation e.g. evidence of your nominee’s nationality/citizenship/permanent residence status; evidence of their current employment; evidence of your association with their current employer. Please contact us for further details.

The following occupations are considered to be Executives or Senior Managers for the purpose of ITO labour market testing exemptions:

Advertising Manager
Chief Executive or Managing Director
Chief Information Officer
Corporate General Manager
Corporate Services Manager
Finance Manager
Human Resource Manager
Sales & Marketing Manager
Supply and Distribution Manager

For Australian employers

Sponsoring an overseas worker has never been this easy and stress-free

Finding and retaining qualified and skilled workers is time-consuming. Done incorrectly, it leads to delays filling critical positions, missed opportunities and a skilled labour shortage that costs your business.

We manage the entire sponsorship process, from the paperwork to lodgement, so you can focus on running your business.

Registered migration agents handle every step
Access a wider pool of skilled talent worldwide
Fixed fees, quoted upfront with no surprises

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How Migration Unity Can Help Your Business

Eligibility and Risk Assessment

We'll comprehensively assess your business's eligibility to sponsor international talent and identify the optimal visa pathways. We’ll also review your business policies to identify and address immigration risks to ensure 100% compliance.

Labour Agreements

A Labour Agreement is a formal arrangement between you and the Government that allows your business to sponsor skilled overseas workers when suitable local workers can’t be found. If required, we help you navigate this complex process to ensure a faster, smoother path to filling critical positions.

Labour Market Testing

We help you navigate Labour Market Testing, which is designed to ensure Australian workers have the first opportunity at local jobs before offering them to overseas workers. We ensure correct placement across multiple platforms to properly document your recruitment efforts.

SAF Levy

The Skilling Australians Fund (SAF) Levy is a mandatory government fee for businesses sponsoring skilled overseas workers. Our expert team handles all aspects of SAF compliance, ensuring your payment is correctly calculated and properly timed with your nomination.

Approved Sponsor

We’ll assess your business to ensure it meets sponsorship requirements, prepare and lodge your Standard Business Sponsorship (SBS) application, and manage all correspondence with the Department of Home Affairs. Once approved, we’ll help you identify eligible occupations, gather the right evidence, and lodge strong, compliant nomination applications.

Post-Lodgment Support

We’ll continue to monitor the application post ludgement, liaise with the Department of Home Affairs on your behalf, and ensure that any necessary bridging visas are lodged and granted for your workers. We’ll also help with setting up the transition to a permanent visa or Australian citizenship down the line. In the event of an adverse migration decision, we’ll assist you with the appeals and review process.

Your Visa Options When Sponsoring an Overseas Worker

Temporary Employer-Sponsored Visas

We help you with temporary visas like the Subclass 482, Subclass 400, and Subclass 408 to ensure your business fills key vacant positions as soon as possible.
Read More

Permanent Employer-Nominated Visas

We help you with permanent visas like the Subclass 186, allowing you to retain skilled workers for future growth.
Read More

Regional Employer-Sponsored Visas

We help you with regional sponsorship visas such as the Subclass 494, allowing regional businesses to have a competitive advantage in the market.
Read More

Our Team

Reliable and registered migration experts, here to help

Taina Brennan

Co-founder & Registered Migration Consultant

Scott Brennan

Co-founder & Managing Director