Labour Market Testing sits between an employer's decision to sponsor an overseas worker and the moment the nomination can actually be lodged. It is a legal requirement that must be completed correctly before the Department of Home Affairs will process a 482 nomination, and it is one of the most consistently cited reasons nominations are refused. Not because employers do not understand the concept, but because the technical requirements are stricter than most people expect and leave no room for error.
This guide is written for Australian employers, HR managers, and anyone involved in running a 482 nomination. It covers the current rules as they stand in 2026, the two calculation traps that cause most refusals, the platforms that count and those that do not, the exemptions that apply and those that do not cover Indian nationals, and the specific section of migration law that catches employers who have recently made redundancies. If you are an applicant wanting to understand why the process takes the time it does, this guide covers that too.
Quick answer: Labour Market Testing (LMT) requires an Australian employer to advertise a nominated position on at least two approved national platforms for a minimum of 28 consecutive calendar days, within the 4-month period immediately before the nomination is lodged. Both the start and end dates of the advertising must fall within that 4-month window. LMT applies to every Core Skills stream 482 nomination and every 494 Skilled Employer Sponsored Regional nomination. It does not apply to the Specialist Skills stream (salary above AUD 146,576). Run ads for 30 days to create a safety buffer against timestamp disputes. Source: Migration Act 1958, s140GBA; Legislative Instrument LIN 18/036; Home Affairs, Labour market testing.
What Labour Market Testing Is and Why It Exists
The policy behind LMT is straightforward: before an Australian business can bring in an overseas worker, it must demonstrate that no suitably qualified Australian citizen or permanent resident was available for that role. LMT is the formal evidence of that demonstration. It is not a form to fill out. It is a documented recruitment process with specific timing, platform, content, and evidence requirements.
Getting any single element wrong does not result in a request for further information. It results in a mandatory nomination refusal. The Skilling Australians Fund levy paid at lodgement is not refunded if the nomination fails for LMT reasons. For a standard visa with SAF levy at AUD 1,800 per year across a four-year grant, that is AUD 7,200 lost before the applicant's visa fee has even been paid.
Which Visa Streams Require LMT and Which Do Not
Need expert guidance?
Speak with a migration specialist
Get personalised advice on your visa pathway — response within 2 hours.
Not every 482 nomination requires Labour Market Testing. The stream the employer nominates under determines the obligation.
| Stream | Salary threshold (from 1 July 2026) | LMT required? | Notes |
|---|---|---|---|
| Core Skills stream | AUD 79,423 (CSIT) | Yes — mandatory | Applies to all occupations on the Core Skills Occupation List (CSOL). Every Core Skills nomination must pass LMT unless an ITO exemption applies. |
| Specialist Skills stream | AUD 146,576 (SSIT) | No — explicitly exempt | Salary above the SSIT threshold. No LMT required. This is one of the structural reasons some employers with genuinely high-paying roles prefer to structure compensation above the SSIT where the market supports it. |
| Labour Agreement stream | Varies by agreement | Depends on agreement | LMT obligations are set out in the specific Labour Agreement between the employer and the Department. Check the agreement directly. |
| 494 Skilled Employer Sponsored Regional | Varies | Yes — mandatory | Same LMT rules as the 482 Core Skills stream apply. |
The 28-Day Rule: What It Actually Measures
The legal minimum under Legislative Instrument LIN 18/036 is a continuous advertising duration of at least 28 calendar days. This measures elapsed time across 28 full 24-hour periods, not calendar date index numbers.
If an ad goes live at 10am on May 1, the 28-day clock is satisfied at 10am on May 29, not May 28. This is the distinction that catches employers out. Lodging a nomination on May 28 with an ad that started May 1 means only 27 full 24-hour periods have elapsed. The nomination is refused and the SAF levy is not returned.
The safest practice is to run every LMT advertisement for a minimum of 30 calendar days rather than 28. This creates a two-day buffer that accounts for timezone differences, platform timestamp variations, and any automated processing delay in how Home Affairs records ad live dates against lodgement timestamps.
The cost difference between a 28-day and 30-day SEEK listing is negligible. The cost of a mandatory nomination refusal for a 1-day shortfall is the SAF levy plus agent fees plus the time lost. Run for 30 days. Source: Legislative Instrument LIN 18/036, Migration Act 1958 s140GBA.
The ad must also remain live and publicly accessible for the full duration. Removing it early, editing the content in a way that materially changes the role description, or allowing the listing to lapse before 30 days is up voids the LMT and requires the entire advertising process to start again.
The 4-Month Window: How the Clock Actually Works
This is the second most commonly misunderstood aspect of LMT, and the source of a refusal trap that catches employers who do their advertising early.
The 4-month window does not run forward from when you first advertised. It works backwards from the date the nomination is lodged. Both the start date and the end date of the advertising must fall entirely within the 4-month period immediately before lodgement.
A practical example. If a nomination is lodged on May 20, the 4-month window opens on January 20. An ad that began on January 15 started before the window opened and is therefore invalid, even if it ran for 30 days through February 14. The entire LMT process must restart, with new advertising that falls entirely within the valid window before a compliant nomination can be lodged.
The safest approach is to plan backwards from your intended lodgement date. Decide when you need the nomination lodged, count back 4 months to find the earliest compliant start date, then add 30 days forward to find the earliest compliant lodgement date after advertising closes.
Approved Platforms: What Counts and What Does Not
A minimum of two advertisements is required. At least one must be on a national recruitment website with Australia-wide reach. Workforce Australia (the government's national job board, formerly jobactive) is one such platform, but it is not specifically mandatory as it was under older rules. What matters is national reach, not the specific platform name.
| Platform or method | Counts for LMT? | Notes |
|---|---|---|
| SEEK | Yes | National recruitment website. Most commonly used and lowest-risk platform. |
| LinkedIn Jobs | Conditional | Counts ONLY if the ad is publicly visible to all internet users including non-members. Jobs restricted to LinkedIn Premium members or requiring sign-in to view do not satisfy LMT. |
| Workforce Australia (jobs.gov.au) | Yes | Government national platform. Acceptable but no longer mandatory. Can be used as one of the two required platforms. |
| Employer's own website | Conditional | Only if the employer holds approved Standard Business Sponsor status at the time of advertising. |
| National print media | Yes | Newspapers or magazines with national distribution, published at least monthly. Rarely used in practice due to cost and reach relative to digital options. |
| National radio | Yes | National reach required. Rarely used in practice. |
| Instagram, X (Twitter), Facebook posts | No | Social media posts do not satisfy LMT regardless of follower count or reach. |
| Internal recruitment databases | No | Roles must be publicly advertised. Internal systems and headhunting via agency databases do not count. |
| Recruitment agency shortlist only | No | Using an agency is fine, but the agency must publish the role publicly on an approved platform. An internal agency pool is not sufficient. |
The overlapping ads timing rule
When two platforms are used but advertisements start on different dates, the 28-day requirement applies to each advertisement individually. If your SEEK listing goes live on Day 1 and your LinkedIn listing goes live on Day 5, the SEEK ad satisfies its 28-day requirement on Day 29 (or Day 31 for the 30-day safety buffer). The LinkedIn ad satisfies its own 28-day requirement on Day 33 (Day 5 plus 28 days). The nomination cannot be lodged until both advertisements have individually completed their required duration. That means lodgement is open from Day 33 onward in this example, not from Day 29.
Starting both advertisements on the same date eliminates this complication entirely. It is simpler, the evidence is cleaner, and there is no question about which ad finished first.
What the Advertisement Must Contain
An advertisement that runs for 30 days on compliant platforms still fails LMT if it is missing mandatory content. These are legal requirements under the legislative instrument, not best-practice suggestions.
- The job title, matching the nominated ANZSCO occupation as closely as possible
- The skills or experience required for the role
- The name of the sponsoring business, or the name of the recruitment agency if one is being used to advertise on the employer's behalf
- The annual salary or salary range — mandatory if the annual earnings for the role are below AUD 96,400. If the salary exceeds this threshold, disclosure is not required.
Employers who advertised a position in May 2026 at AUD 77,000 and then attempted to lodge a nomination in July 2026 after the 1 July 2026 threshold increase face a compounding problem. The Core Skills Income Threshold (CSIT) rose to AUD 79,423 on 1 July 2026. A nomination lodged at AUD 77,000 now fails both the CSIT salary compliance check and, if the advertisement stated AUD 77,000 as the annual salary, the advertisement itself reflects a salary below the current threshold.
If a salary increase changes the offered rate materially from what was advertised, legal advice on whether re-advertising is required is worth obtaining before lodging. Lodging and getting refused after paying the SAF levy is significantly more expensive than the cost of fresh advertising.
Using phrases like "competitive salary," "salary negotiable," or "package dependent on experience" when the role pays below AUD 96,400 fails the content test. The actual number or a clear numerical range must appear in the ad text.
Evidence Required for the Nomination
The nomination form requires LMT data to be entered directly and an evidence folder to support it. What must be submitted:
- Screenshots or printouts of each advertisement showing the ad content as published, with the platform name and the dates the ad was live clearly visible. Screenshots taken only at the start of the campaign are not sufficient — evidence of the ad being live on the final day is also needed.
- Paid invoice from the advertising platform, if the advertisement was a paid listing. Free listings do not require an invoice but should be evidenced through screenshots showing publication dates.
- Total number of applications received from each advertisement during the campaign period.
- Written reasons why each applicant was not suitable for the nominated role. These reasons must be specific. "Not suitable" or "did not meet requirements" are not acceptable. Document the specific gap against each requirement stated in the advertisement: missing qualifications, insufficient years of relevant experience, inability to meet the skills requirements as listed, or other objective criterion from the original ad.
International Trade Obligation Exemptions
LMT is not required for nominations where the nominated worker holds a passport from a country covered by an International Trade Obligation (ITO) that Australia has recognised for this purpose.
| Trade agreement | Countries covered | LMT exempt? | Notes |
|---|---|---|---|
| UK Free Trade Agreement (UKFTA) | United Kingdom | Yes — since 31 May 2023 | Full exemption. Home Affairs currently approves UK nominees without LMT without requiring sponsors to specify the mobility provision category under the agreement. |
| Australia-US FTA (AUSFTA) | United States | Conditional | Exempt for specified categories including intra-company transferees and independent executives. Not a blanket exemption. |
| Thailand-Australia FTA (TAFTA) | Thailand | Conditional | Exempt under specified mobility categories. |
| Korea-Australia FTA (KAFTA) | South Korea | Conditional | Exempt under specified mobility categories. |
| Japan-Australia EPA (JAESFTA) | Japan | Conditional | Exempt under specified mobility categories. |
| Malaysia-Australia FTA (MAFTA) | Malaysia | Conditional | Exempt under specified mobility categories. |
| ASEAN-Australia-NZ FTA (AANZFTA) | ASEAN member nations | Conditional | Exempt under specified mobility categories. Check specific country provisions. |
| Australia-India ECTA | India | No | The Australia-India Economic Cooperation and Trade Agreement does not include an LMT exemption for 482 nominations. Indian passport holders require a full LMT regardless of occupation or salary level (unless the Specialist Skills stream applies). |
| High-income threshold | Any nationality | Yes | If annual earnings for the nominated position exceed AUD 250,000, LMT is not required regardless of nationality or stream. |
For conditional exemptions, the employer needs to identify which specific mobility category under the trade agreement applies to the nominee and confirm it with a migration professional before relying on the exemption. Home Affairs does not always ask for the specific category at lodgement, but the exemption must be legally applicable or the nomination is at risk.
LMT for Nomination Transfers
An existing 482 visa holder who changes employers to work for a new business requires the new employer to run a full LMT before lodging a fresh nomination. The fact that the worker already holds a 482 visa from a previous employer does not create any LMT shortcut for the incoming sponsor.
This surprises both employers and applicants who assume the existing visa simplifies the process. It does not. The new employer must become or already be a Standard Business Sponsor, lodge a new nomination with fresh LMT evidence, and the worker applies to have the new nomination linked to their existing visa. All LMT timing, content, platform, and evidence requirements apply in full.
The Redundancies Clause: Section 140GBA(4)
This is the aspect of LMT that most employers have never heard of until it causes a nomination refusal.
Under section 140GBA(4) of the Migration Act 1958, if a sponsoring employer has retrenched or made redundant any Australian citizen or permanent resident in the nominated occupation or a closely related occupation within the 4 months immediately before lodging the nomination, the LMT must have been conducted after those redundancies occurred.
A company restructures in March, making two Australian engineers redundant. The company had been advertising a senior engineering role since February as part of an expansion drive, running compliant LMT advertising across SEEK and LinkedIn. In June, the company lodges a 482 nomination for an overseas engineer using the February LMT evidence.
The nomination is refused. The LMT was conducted before the March redundancies, which means it did not reflect the current state of available Australian workers in the nominated occupation. Under s140GBA(4), the LMT must be re-run after the March redundancies. The February advertising does not count.
Before starting any LMT campaign, confirm with HR whether there have been any redundancies in the nominated occupation or a closely related role in the past 4 months. If there have been, the LMT must wait until after those redundancies are finalised and then be conducted fresh.
Common Errors That Cause Nomination Refusals
In 2026, LMT remains one of the most frequently cited grounds for 482 nomination refusals. These are the specific errors that consistently appear:
| Error | Why it causes refusal | How to avoid it |
|---|---|---|
| Advertising for 27 full days instead of 28 | Mandatory refusal. No discretion. SAF levy not refunded. | Run for 30 calendar days. Screenshot on day 1 and day 30 showing the ad live with dates visible. |
| LinkedIn ad restricted to members only | Platform does not satisfy LMT requirements if not publicly accessible. | Verify the ad is publicly visible before the campaign starts. Check by opening in an incognito browser window. |
| Salary omitted from ad where salary is below AUD 96,400 | Mandatory content requirement not met. LMT content test fails. | Always state annual salary or a specific salary range. Never use "competitive" or "negotiable" phrasing below this threshold. |
| LMT advertised before the 4-month window opened | Both the start and end of advertising must sit within 4 months before lodgement. | Count backwards from the intended lodgement date before starting any advertising. |
| Two ads started on different dates, nomination lodged too early | Each ad must individually satisfy the 28-day minimum. The lodgement window opens after the later-starting ad completes its run. | Start both advertisements on the same day wherever possible. |
| LMT conducted before recent redundancies in the nominated occupation | s140GBA(4) requires LMT to occur after any redundancies in the nominated or closely related occupation within the past 4 months. | Check HR records for redundancies before starting any LMT campaign. |
| Applicant rejection reasons too vague | Home Affairs requires specific, documented reasons tied to advertised requirements. | Document specific qualification gaps, experience shortfalls, or skills mismatches for each rejected applicant. |
| LMT evidence not retained after nomination is approved | Sponsor compliance audits can request LMT evidence at any time during the sponsorship period. | Keep the complete LMT evidence folder permanently in your HR compliance system. |
A Compliant LMT Process From Start to Lodgement
EazyViza's lawyer-supervised employer service covers Labour Market Testing review, LMT report preparation, salary compliance against the CSIT (AUD 79,423 from 1 July 2026), and complete nomination lodgement. We check platform compliance, content requirements, and evidence folders before anything is submitted. Fixed pricing, file start within 24 to 48 hours. If you are an applicant looking for an employer willing to sponsor, see our guide on how to find a 482 sponsor employer in Australia. Once you have a sponsor ready, the employer sponsorship (SBS) service handles the nomination from end to end.
Skills in Demand (482) Cluster: Related Guides
Streams, salary thresholds, fees, processing times, PR pathway, and family members.
No public approved sponsor list exists. How to identify, verify, and approach companies that sponsor.
We prepare and lodge the SBS application, LMT review, and nomination for Australian employers.
Lawyer-supervised applications for both applicants and employers. Fixed pricing.
Last reviewed: September 2026. All LMT requirements verified against Migration Act 1958, s140GBA; Legislative Instrument LIN 18/036; and Home Affairs Labour market testing page (last updated 21 September 2026). CSIT (AUD 79,423) and SSIT (AUD 146,576) confirmed from 1 July 2026. UK FTA exemption confirmed effective 31 May 2023. Salary disclosure threshold (AUD 96,400) and high-income threshold (AUD 250,000) confirmed against current legislative instrument. Always verify current requirements at immi.homeaffairs.gov.au before lodging any nomination.
Frequently asked questions
What is labour market testing for the 482 visa?
Labour Market Testing (LMT) is a statutory requirement under Section 140GBA of the Migration Act 1958. It requires an Australian employer to demonstrate that a genuine attempt was made to recruit a suitable Australian citizen or permanent resident before sponsoring an overseas worker. Under legislative instrument LIN 18/036, the employer must advertise the position on at least two approved national platforms for a minimum of 28 consecutive calendar days within the 4 months immediately before lodging the nomination. LMT applies to the Core Skills stream of the 482 visa and 494 regional nominations. The Specialist Skills stream (salary above AUD 146,576) is exempt.
How long does labour market testing take for a 482 visa?
The advertisement must accept applications for at least 28 consecutive calendar days (or 4 full weeks). Migration agents recommend running ads for 30 calendar days to avoid timestamp disputes caused by time zones or platform logging systems. Counting applicant reviews, evidence compiling, and report drafting, the total LMT phase takes 5 to 8 weeks before nomination lodgement. All advertising must fall within the 4-month validity window ending on the day the nomination is lodged.
What platforms are accepted for labour market testing in Australia?
nder Section 8 of LIN 18/036, accepted platforms include SEEK, LinkedIn Jobs (if publicly visible), Workforce Australia, national print media with national reach, national radio, or the employer’s own website (if they are an approved Standard Business Sponsor). Social media posts (Instagram, X, Facebook) and internal agency databases without public listings do not satisfy LMT. A minimum of two advertisements on approved national platforms is legally required.
Is LinkedIn acceptable for labour market testing in Australia?
Yes, LinkedIn Jobs is an accepted national recruitment website, but only if the job post is publicly accessible to non-registered users. Job postings restricted behind a sign-in wall, limited to LinkedIn Premium members, or restricted by location fail the public exposure test under Home Affairs guidelines. Employers should test the live listing in an incognito browser window to ensure full public visibility.Yes, LinkedIn Jobs is an accepted national recruitment website, but only if the job post is publicly accessible to non-registered users. Job postings restricted behind a sign-in wall, limited to LinkedIn Premium members, or restricted by location fail the public exposure test under Home Affairs guidelines. Employers should test the live listing in an incognito browser window to ensure full public visibility.
Are UK citizens exempt from labour market testing for the 482 visa?
Yes. UK passport holders are exempt from LMT under the UK-Australia Free Trade Agreement (UKFTA), effective since 31 May 2023. Department of Home Affairs guidelines confirm that sponsors nominating UK passport holders under the 482 visa do not need to provide LMT evidence or specify mobility sub-categories, providing a complete exemption across all eligible occupations and salary levels.
Are Indian nationals exempt from labour market testing for the 482 visa?
No. Indian passport holders have no LMT exemption. The Australia-India Economic Cooperation and Trade Agreement (ECTA) does not include an LMT waiver for temporary work visas. Unless the nomination qualifies under the Specialist Skills stream (salary above AUD 146,576) or meets the high-income threshold of AUD 250,000, Australian employers sponsoring Indian nationals under the Core Skills stream must complete full LMT.
What must be included in a labour market testing advertisement?
Under LIN 18/036, every Labour Market Testing advertisement must include the position title or a detailed description of the role, the required skills and experience, and the name of the sponsoring business or the recruiting agency acting on its behalf. Additionally, the ad must explicitly state the annual salary or salary range if the position's annual earnings are below AUD 96,400. Omitting the salary details for roles under this threshold invalidates the entire LMT campaign.
What happens if I advertise for 27 days instead of 28?
The Department of Home Affairs will refuse the nomination. Under Section 140GBA, delegates have no legal discretion to waive timeframes or accept an ad that ran for 27 days and 23 hours. Furthermore, the Skilling Australians Fund (SAF) levy paid at lodgement is non-refundable in cases of LMT failure. The employer must re-advertise for the full 28–30 day duration before re-lodging.
Is LMT required for a 482 nomination transfer?
Yes. When an existing 482 visa holder changes employers, the incoming sponsor must lodge a new nomination and conduct a complete 28-day LMT campaign. The worker’s existing 482 status does not exempt the new employer from proving that no suitable Australian worker was available for the position.
How does the redundancy clause affect 482 labour market testing?
Under Section 140GBA(4) of the Migration Act 1958, if an employer has made an Australian citizen or permanent resident redundant in the nominated or closely related occupation within the 4 months prior to lodging, the LMT advertising must occur AFTER those redundancies took place. Advertising completed prior to a redundancy event cannot be used for a nomination lodged after the redundancy.
