Amendments to policy regarding evidence of Labour Market Testing (LMT) DIAC now requires: If your client is not exempt from the LMT requirements and international trade obligations do not apply, you must provide evidence indicating that LMT has been completed within the prescribed period – i.e. evidence of any advertising and details of the fees paid or payable for that advertising. In accordance with the Migration Act, nominations must be ‘accompanied by’ this evidence. The Department considers that ‘accompanied by’ means that this evidence must be provided at the time the application is made. As a result, policy arrangements have been that if LMT evidence is not provided on the same day, your client’s application will be refused. As outlined in the Nominations PAM to be released on 14 October 2016, from now on, the Department will, however, accept LMT evidence where provided on the same day as lodgment OR the next day.
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Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page
