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labour market testing for 457 visa


villakev

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hello,

 

im being sponsored by a company for a 457 visa, my application has been lodged and im tracking it online. its been about 10 days.

 

ive read that the new changes to the labour market testing rules are coming in in november.......does anybody know if this is true or not ?

 

and if so, will that affect any applications which are already lodged like mine ?

 

cheers

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I thought the more stringent requirements came in months ago. Yes, you should expect it applies to you, why wouldn't it?

 

 

Thanks for your reply

 

everything except labour market testing was introduced months ago......LMT starts later this month.

 

Might not apply to me according to whether they do this on applications already lodged or only do it on brand new ones

 

cheers

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It looks like labour market testing will be introduced fromthe 23rd of November. Not much detail available yet and no ideal if it will be retrospectively applied to already lodged applications.

 

Thanks for the info

 

hope its all new applications

 

k

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I gather it also applies only to some qualification/skill levels - and essentially does not apply to occupations which require qualifications at diploma or above (ie. if its a graduate level occupation, its not subject to LMT). So it depends what the OP is actually coming over to do. The flaw in all of this is that for many of the occupations filled by 457s, the labour markets are international - so skilled people from many countries work in other countries, and the flows are two-way (in my industry, I imagine there are many Aussies working in the UK, as well as poms working over here, for example). I imagine, rather bluntly, that its this issue that the 'diploma plus' exemption is trying to achieve. But even many skilled trades, which LMT will affect, also have these sorts of international labour markets, so its all a bit crude.

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  • 1 month later...

hi. i am working in australian industry since 2011 as welder and my employer wants to sponser me for 457 visa.. i have +457 skill assessment. I have question..I am already working as welder than is it necessary for my employer to publish advertisement to fill my position ?? new rules of labor market testing will affect my application ?

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hi. i am working in australian industry since 2011 as welder and my employer wants to sponser me for 457 visa.. i have +457 skill assessment. I have question..I am already working as welder than is it necessary for my employer to publish advertisement to fill my position ?? new rules of labor market testing will affect my application ?

 

Yes, why would it be any different. There might be an Australian or a permanent resident who can do the job.

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hi. i am working in australian industry since 2011 as welder and my employer wants to sponser me for 457 visa.. i have +457 skill assessment. I have question..I am already working as welder than is it necessary for my employer to publish advertisement to fill my position ?? new rules of labor market testing will affect my application ?

 

What visa are you on?

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hi. i am working in australian industry since 2011 as welder and my employer wants to sponser me for 457 visa.. i have +457 skill assessment. I have question..I am already working as welder than is it necessary for my employer to publish advertisement to fill my position ?? new rules of labor market testing will affect my application ?

 

Yes the LMT will apply. It's also important to note it's a time of application requirement for the nomination.

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thnx for reply....i found this on link--->> http://www.immi.gov.au/Visas/Pages/457.aspx

click on NOMINATE tab after going on above link..than u will find following information...

 

International trade obligations

 

LMT will not need to occur where it would conflict with Australia’s international trade obligations, in any of the following circumstances:

 

 

  • The worker you nominate is a current employee of a business that is 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 and Vietnam), Chile or New Zealand.

 

i am from india but it shows that employees who are working in shown countries do not require LMT than worker who is working in australia will not require LMT...am I right or explain me about above sentences of official website of immigration ???

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thnx for reply....i found this on link--->> http://www.immi.gov.au/Visas/Pages/457.aspx

click on NOMINATE tab after going on above link..than u will find following information...

 

International trade obligations

 

LMT will not need to occur where it would conflict with Australia’s international trade obligations, in any of the following circumstances:

 

 

  • The worker you nominate is a current employee of a business that is 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 and Vietnam), Chile or New Zealand.

 

i am from india but it shows that employees who are working in shown countries do not require LMT than worker who is working in australia will not require LMT...am I right or explain me about above sentences of official website of immigration ???

 

I'm not sure how you came to that interpretation.

 

There's a stated exemption there for a Citizen of a WTO country that has been working for the sponsoring business in Australia for at least 2 years. Does that apply to you?

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thnx for reply....i found this on link--->> http://www.immi.gov.au/Visas/Pages/457.aspx

click on NOMINATE tab after going on above link..than u will find following information...

 

International trade obligations

 

LMT will not need to occur where it would conflict with Australia’s international trade obligations, in any of the following circumstances:

 

 

  • The worker you nominate is a current employee of a business that is 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 and Vietnam), Chile or New Zealand.

 

i am from india but it shows that employees who are working in shown countries do not require LMT than worker who is working in australia will not require LMT...am I right or explain me about above sentences of official website of immigration ???

 

You are frankly reading something that is not there. It does not mention any exemption for people living in Australia.

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I'm not sure how you came to that interpretation.

 

There's a stated exemption there for a Citizen of a WTO country that has been working for the sponsoring business in Australia for at least 2 years. Does that apply to you?

yes...I have been working for sponsoring company in Australia since 2011 January...close to 3 years... moreover, I am a citizen of WTO country.

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yes...I have been working for sponsoring company in Australia since 2011 January...close to 3 years... moreover, I am a citizen of WTO country.

 

Well in that case, according to that particular page on the DIBP the nomination would be exempt:

 

"The worker you nominate is a citizen of a WTO member country and has worked for you on a full-time basis in Australia for the last 2 years"

 

I can't confirm the accuracy of that page though or whether there is other stipulations within that particular exemption.

 

All the best,

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Well in that case, according to that particular page on the DIBP the nomination would be exempt:

 

"The worker you nominate is a citizen of a WTO member country and has worked for you on a full-time basis in Australia for the last 2 years"

 

I can't confirm the accuracy of that page though or whether there is other stipulations within that particular exemption.

 

All the best,

Thank you...:-) :-)

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