Key changes to Australian immigration law in 2021 – Part #3 – Labour Market Testing requirement for subclass 186 Employer Nomination Scheme (ENS) visa?
Published on February 3, 2021 by Maithri Panagoda AM, Wing Ho | 何宛穎律師 and Yee Mei Chow
The legislative instrument (LIN18/036) on labour market testing requirements for Temporary Skills Shortage subclass 482 (temporary) visa and subclass 494 (provisional) visa has been amended to include an additional requirement to advertise vacancies on the Government’s ‘Jobactive’ website from 1 October 2020.
Around the same time, the Australian migration agent services industry regulator also notified registered migration agents that the Government expects Nominators/Sponsors seeking to nominate an overseas worker for a permanent employer sponsored visa (subclass 186 or 187) to advertise the position on Jobactive first, in order to demonstrate that there is a genuine need for an overseas worker to fill that position.
On 24 November 2020, the Department published a revised policy document relating to the ENS and Regional Sponsored Migration Scheme nomination instructing decision-makers to consider whether the employer has made attempts to recruit local workers through Jobactive or other national advertisements. At this stage, changes to the legislation have not been implemented, however, prospective Sponsors/Nominators for the subclass 186 and 187 visa programs are advised to consider advertising the position on Jobactive.
For assistance with any Australian immigration matter, contact Carroll & O’Dea Lawyers.
