Labour Market Testing for the 482 Visa: What Employers Get Wrong

Labour market testing sounds simple. In practice, it sinks more 482 nominations than almost any other requirement. A small advertising slip can delay a decision or lead to a refusal.

This guide sets out what the rules actually say. It also covers the mistakes Melbourne employers make most often. As a result, you can lodge a clean nomination the first time.

What labour market testing actually requires

Labour market testing shows that no suitable Australian worker was available for the role. As a result, you must advertise the position before you nominate an overseas worker in the Core Skills or Specialist Skills stream.

The rules sit in a legislative instrument, not in guesswork. Because the detail matters, here is what the current instrument requires.

The advertising basics

First, you must run at least two advertisements for the nominated position. Then keep each one open for at least four weeks. In other words, applications must stay accepted for a full four weeks from the day the ad first appears.

Next, the advertising must reach a national audience. For example, you can use a recruitment website with national reach in Australia, national print media, or national radio. Accredited sponsors can also advertise on their own website.

Platform choice matters just as much. LinkedIn’s online recruitment platform is an acceptable method, and so are industry recruitment websites in significant use by your industry. However, a vacancy restricted to LinkedIn profile members only does not count. Neither does a general classifieds website, nor an advertisement made solely through social media such as Twitter or Instagram.

In addition, every advertisement must appear in English. Therefore a role advertised only in another language will not meet the requirement.

What each advertisement must include

Each advertisement needs specific details. First, include the title or a clear description of the position. Then set out the skills or experience the role requires.

You must also name the approved sponsor or the recruitment agency running the campaign. Finally, state the salary when the position’s annual earnings fall below $96,400. Above that figure, you do not need to publish the salary.

The four-month window

Timing catches many employers out. Advertising must fall within the four months ending on the day you lodge the nomination. As a result, old advertisements expire.

Because the window is fixed, plan your recruitment and your nomination together. Advertise too early, and the evidence lapses before you lodge.

What employers get wrong

Most labour market testing problems come from a handful of avoidable errors. However, each one is easy to prevent once you know it exists. Below are the traps we see most often in Melbourne nominations.

• Running only one advertisement. The rule asks for at least two, so a single ad falls short.
• Advertising for less than four weeks. A two-week campaign will not satisfy the minimum period.
• Using local classifieds only. Because the reach must be national, a suburban noticeboard or a small local page does not qualify.
• Relying on social media alone. A post made only on Instagram or Twitter does not qualify, and neither does a general classifieds site. LinkedIn’s recruitment platform is fine; a members-only LinkedIn listing is not.
• Leaving out the salary. When earnings sit below $96,400, the advertisement must state the pay.
• Advertising after lodging. The testing must happen before you lodge the nomination, not afterwards.
• Letting the ads go stale. Advertising older than four months no longer counts.
• Keeping no evidence. Without dated screenshots and copies, you cannot prove what you did.

One more myth still circulates. Some employers believe they must post on Workforce Australia. However, that step is no longer part of the requirement, so you can skip it.

When labour market testing does not apply

Not every nomination needs labour market testing, but the exemptions are narrower than many employers expect. The old occupation-based exemptions that existed under the 457 visa are gone, and the requirement applies to the Core Skills and Specialist Skills streams alike.

The main remaining exemption comes from Australia’s international trade obligations. It can apply to certain intra-corporate transferees, and to workers in the exempt categories who are citizens or nationals of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand or Vietnam, or citizens, nationals or permanent residents of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.

These exemptions are specific, and they do not apply to labour agreement or subclass 494 nominations. Therefore you should confirm eligibility before you rely on one. A wrong assumption here can undo an otherwise strong nomination. If you are unsure which stream fits, our Skills in Demand visa guide explains the three streams in detail.

How to keep clean evidence

Good evidence protects your nomination. First, save a full copy of each advertisement, including the platform and the publication date. Then capture screenshots that show the four-week period clearly.

Also keep a short record of where you advertised and why the reach was national. Because a case officer cannot see your recruitment history, your file must tell the whole story.

Before you advertise, check the rest of the nomination too. Our 482 visa requirements checklist walks through each step. Our guide to becoming a standard business sponsor in Melbourne covers the sponsorship approval you need first.

A practical timeline for sponsors

A clear timeline keeps your evidence fresh. First, confirm the position and the correct occupation. Then draft an advertisement that names the role, the skills and the salary where it applies.

Next, publish both advertisements on national platforms and diarise the closing dates. Because each ad runs for four weeks, you should build that period into your hiring plan from the start.

Meanwhile, keep dated copies as each advertisement goes live. After the four weeks close, review the applications and record why no suitable Australian worker was available. Finally, lodge the nomination inside the four-month window while the evidence still counts.

This order matters for a reason. Because case officers assess the file as lodged, late fixes rarely help. Therefore a tidy sequence protects both your timing and your evidence.

Frequently asked questions

How many advertisements do I need for the 482 visa?

You need at least two advertisements for the nominated position. Each one must accept applications for at least four weeks.

How long must each 482 advertisement run?

Each advertisement must stay open for at least four weeks. In practice, applications must be accepted for a full four weeks from the first day.

Do I still have to advertise on Workforce Australia?

No. That requirement no longer applies, so you can advertise through national recruitment websites, print media or radio instead.

When do I need to show the salary in the advertisement?

You must state the salary when the position’s annual earnings fall below $96,400. Above that figure, publishing the salary is optional.

Can I advertise on LinkedIn or social media?

LinkedIn’s online recruitment platform is acceptable, as are industry recruitment websites in significant use by your industry. However, a vacancy restricted to LinkedIn profile members only does not qualify, and neither does an advertisement made solely through social media such as Twitter or Instagram, or a general classifieds website.

How recent must my advertising be?

Your advertising must fall within the four months ending on the day you lodge the nomination. Older advertising no longer counts.

By Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.