Labour Market Testing Requirements for Visa Applicants

In March 2012 we wrote about an announcement by the Skilled Migration Western Australia (SMWA), which is currently the Regional Certifying Body (RCB) for all of Western Australia except the Gold Fields – Esperance region.

The key message of the article was that labour market testing would no longer be a requirement for

certification under the RSMS. The removal of labour market testing ultimately reduced costs and time for employers.

The SMWA has now confirmed that labour market testing has returned and is a requirement for all sponsors applying for a subclass 187 RSMS visa application through the Direct Entry stream.

The Direct Entry stream is for applicants who have not been employed in their occupation for at least two years while holding a subclass 457. In most cases, Direct Entry stream applicants will be required to provide a positive skills assessment for their nominated occupation and at least 3 years of relevant work experience, except for managerial and professional occupations nominated under the subclass 187 RSMS.

The labour market testing requirement for the SMWA is:

One print advertisement in a newspaper with a distribution across the region in which the position will be located. Print advertisements for positions located in the Perth metropolitan area and for Fly-In-Fly-Out or Drive-In-Drive-Out positions must be advertised in The West Australian or The Sunday Times. Placement of advertisements in newspapers must be appropriate for the advertised position;

Or

One online advertisement over a minimum 2 week period on a jobs site;

And

A signed declaration stating that the nominator has made a genuine attempt to fill the position with an Australian citizen or permanent resident and has been unable to find a suitable candidate.

The reason provided for the return to the labour market testing is that the SMWA needs to be satisfied that the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in the same local area where the nominated position exists.

The 1st of July 2012 changes to the employer sponsored permanent residency program by the Department of Immigration and Citizenship (DIAC) have resulted in the subclass 187 RSMS visa applied for through the Transition stream not requiring regional certifying body certification approval.

Therefore employers in Western Australia will not need to undertake labour market testing or the RCB application process when applying through the Transition stream.

The Transition stream, also still referred to as the ‘two years route,’ requires that the applicant has been in their nominated occupation with the same sponsoring employer, while holding a subclass 457 visa for at least two years before lodgement of the visa application.

Although some RSMS visa applications will be subject to labour market testing, the Transition stream no longer requires an RCB certification before the visa is lodged to the DIAC. This is a positive change and can assist organisations in planning and retaining skilled foreign workers in their business.