Registered Migration Australia

Evidence requirement

Labour Market Testing Subclass 457

Labour market testing means that employers seeking to access the subclass 457 visa programme must first test the local labour market to ensure that there is no suitably qualified and experienced Australian citizen or permanent resident or ‘eligible temporary visa holder’ readily available to fill that position.


Mandatory Requirements

Labour market testing must take place within the twelve months prior to lodging the sponsorship application ensuring that the employer has no other choice but to hire an overseas worker in the absence of suitably qualified and experience Australians to fill the position. Sponsors are required to provide mandatory evidence of their attempts to recruit a suitably qualified and experienced Australian citizen or Australian permanent resident to fill the nominated position, specifically, details of any advertising for the position or a similar position. Advertising can include both paid and unpaid. With each nomination the sponsor will be required to submit evidence of having undertaken labour marketing testing.


The evidence must include the following:


  • Number of applications received for the position 
  • Any non-voluntary employer redundancies or retrenchments that have occurred 4 months prior to lodging the nomination
  • Advertising/recruitment efforts and the dates they occurred including the geographic target audience of those advertising/recruitment efforts


Advertising Evidence

If a sponsor has included evidence relating to advertising the nominated position, they must also provide details of the fees and any other expenses paid (or payable) for that advertising. The advertising can be done on social media, company website and paid advertising is not considered more advantageous than free advertising.


Other evidence, made four months prior to the application, can include:


  • research relating to labour market trends
  • expressions of support from Commonwealth, State/Territory government authorities with responsibility for employment matters


Exemptions to the Labour Market Testing requirement


Exemptions from labour market testing can be found here (opens in a new window)


ANZSCO Occupation List Downloads


Licensing and/or Professional Associations

In many occupations you must be registered with or obtain a license from a local authority in the state or territory where you want to practise your occupation. Contact the local authority in your relevant state or territory to enquire about the licensing or registration requirements. It may benefit to become a member of a relevant industry association for your occupation which could help with your employment and visa application prospects.

Contact us to find out more.


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