Some businesses can sponsor overseas skilled workers when they are able to demonstrate their needs cannot be met in the Australian labour market. Such occupations would not exist on the Skilled Occupation List.

Depending on the visa type and stream and the desired occupation, you may need to be approved as a sponsor or you may need to have negotiated a labour agreement with the Department.

For some visa types, you must show that you can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market.

Labour Market Testing (LMT) generally involves advertising the position in Australia.

For most nominations, the position must have been advertised for at least four weeks within the four month period immediately prior to lodging the nomination application. LMT is not required where Australia has waived this requirement under its International trade obligations (ITOs).

LMT Exempt Nominee:

  • A citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.
  • A citizen of China, Japan, Malaysia, Mexico, Thailand, Vietnam, ASEAN countries, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands or Vanuatu.