Labour Market Testing - 186 Direct Entry Scheme

[Nick UK]

Dear agents

 

My proposed employer has been told by two Migration Agents that Labour Market Testing is a requirement of the 186 Visa. Based on my extensive research this is simply not true. To my understanding, Labour Market Testing is only a requirement of the 457 as of 2013.

 

Whilst the employer must have 'a genuine need for a paid employee to fill a skilled position' on the 186 - this is not the same as the Labour Market Testing requirements on a 457.

 

Please can anyone clarify?

 

Thank you in advance

Nick

[Mark Northam]

Hi Nick -

 

You are correct.

 

Best,

 

Mark Northam

[Nick UK]

Hi Mark

 

Thank you!

Edited September 8, 2016 by Nick UK

[Nick UK]

PS: in practical terms how does an employer show they have a genuine need for a paid employee to fill a skilled position? Do they simply have to state that they do?

[George Lombard]

PS: in practical terms how does an employer show they have a genuine need for a paid employee to fill a skilled position? Do they simply have to state that they do?

Hi Nick, your employer's information is historical if concerning a 186 - for a 187 it can be a live issue depending on the RCB involved - but for a 457 and "genuine position" there's no simple explanation - the Department has recently run a series of seminars on this topic and your employer should be getting advice from people who attended the "roadshow".

 

cheers,

 

George Lombard

[Nick UK]

Dear George

 

Thank you and yes agreed on the 186.

 

My employer wouldn't have attended any migration roadshows as this is the first time they have sponsored anyone. I suspect the reason for the refused 457 nomination was due to the LMT evidence/documents not being submitted at the same time as the nomination. I know that some/many nominations are being refused on this basis as opposed the evidence itself not being satisfactory.