482 Stage 2: Labour Market Testing (LMT)
A2MS 482 Knowledge Centre · Stage 2 of 4
Labour Market Testing
Prove a genuine recruitment effort—not just two screenshots.
For most Core Skills and Specialist Skills nominations, Labour Market Testing is an evidence requirement within the employer nomination process. We present it as a separate preparation stage because defective advertising, missing screenshots or a misunderstood exemption can affect the nomination.
What matters before this stage
- Generally two qualifying advertisements and at least four continuous weeks in which candidates can apply. Overlapping days count once.
- For most cases, advertising must fall within the four months before nomination lodgement.
- Exemptions and select-position rules require specific legislative and factual checks—not assumptions.
1. Check whether standard advertising is required
Start by identifying the proposed 482 stream, occupation, sponsor and employee circumstances. The ordinary LMT framework for SBS Core Skills and Specialist Skills nominations is in section 140GBA of the Migration Act and regulation 2.72AA. A Labour Agreement may set different recruitment evidence obligations, and international trade obligations can make ordinary LMT inapplicable.
Do not infer an exemption merely because the applicant holds a particular nationality, the business is regional or the job is hard to fill. The relevant instrument and the particular factual category must be checked at the nomination date. Some defined select occupations and positions have alternative evidentiary arrangements rather than a simple absence of proof.
2. Make the timing work before lodging
Home Affairs currently says that, for most nominations, the position must have been advertised for at least four weeks within the four months immediately preceding lodgement. Applications or expressions of interest must have been accepted for at least four weeks. If an Australian citizen or permanent resident was made redundant or retrenched from the nominated occupation in those four months, the advertising must take place after that event. Give Home Affairs the redundancy details with the nomination.
3. What a qualifying advertisement needs to show
For the standard rule, the employer generally needs two valid advertisements in English, published using accepted recruitment platforms with national reach, eligible national print or radio, or an accredited sponsor's website where that avenue applies.
Each advertisement should identify the position, required skills or experience, the sponsor or recruitment agency, and the salary when the proposed annual earnings are below AUD 96,400. The salary figure here concerns advertisement content; it is not the 2026–27 Core Skills Income Threshold. An ordinary social-media post or a member-only LinkedIn notice should not be presumed to satisfy the approved advertising channel rules.
4. Keep a recruitment evidence trail
Retain original copies of advertisements showing text, platform, start and end dates, geographic reach and salary where required. Document the employer's authorisation of any external recruiter, application window, applications received and a factual explanation of recruitment outcomes.
LMT is not simply a count of advertisements. The Department may also examine whether there was a suitably qualified and experienced Australian worker readily available and whether the advertised role matches the one nominated. Prepare to explain any material difference in duties, employment terms or location.
5. Handle exemptions and unusual recruitment cases carefully
Before asserting an international trade obligation (ITO), check the operative instrument, citizenship or residence status, qualifying company relationships and any relevant executive or intra-corporate transfer conditions. For select-position rules, determine whether an evidentiary submission is required instead of standard advertisements. For nominations under a Labour Agreement, read the actual agreement's LMT clause.
Home Affairs' current LMT page and the law should be preferred over old PDF examples whenever an instrument or trade agreement has changed.
Evidence and pre-lodgement checklist
Documents depend on the employer, occupation and stream. Use the following to prepare questions and gaps, not as an automatic eligibility decision.
- Stream, occupation, proposed location and nomination timetable
- Two full advertisement copies with publication and expiry dates
- Record of the accepted applications window of at least four weeks
- Platform eligibility and national/industry reach evidence
- Salary in each advertisement if earnings are below AUD 96,400
- Recruitment outcomes and reasoned candidate assessment records
- Any redundancy disclosure and evidence of the timing following it
- If claiming exemption: cited legal provision, instrument and supporting facts
Typical situations worth assessing
Two adverts, only three weeks each
If both ads run over exactly the same three weeks, the application window is only 21 days. If their dates overlap and together cover at least 28 continuous days, the timing test can be met. Keep the dates for both ads.
Offer signed before recruitment
A prior contract does not automatically invalidate LMT, but creates a genuine-recruitment question. Keep the rationale, advertisement history and applicant assessment records.
Australian worker made redundant
Check whether the advertising commenced after the relevant redundancy and whether additional disclosures accompany nomination.
International trade obligation claim
Do not rely only on the person's passport. Identify the precise ITO category and evidence; a legal analysis may avoid unnecessary advertising where applicable.
These are hypothetical education scenarios, not statements about A2MS client matters or predictions of decisions.
When the dates are right but the advertising evidence falls short
We advertised a casual role. Can we nominate a full-time worker?
Compare what an Australian candidate could actually apply for with the nominated job. Suppose an Adelaide café advertised weekend casual shifts but now wants a full-time chef supervising the kitchen. Put the two sets of duties, hours, pay and location side by side. A 28-day campaign for materially different work does not establish that the full-time vacancy was tested. If the vacancy has changed, plan qualifying advertising for the actual role before lodging.
Our recruiter placed the ads. What should we keep?
Keep the sponsor’s instructions to the recruiter, both complete ads, dates, application records and the reasons candidates were unsuitable. A recruitment agency can advertise on the sponsor’s behalf. If the nominated worker placed an ad on their own initiative, check who authorised it and who actually assessed candidates before relying on it.
Our overseas office is transferring an employee. Which evidence do we need?
- Identify the stream and employing entities. If a labour agreement applies, read its recruitment clause.
- If relying on an international trade obligation, identify the precise category and record the worker’s status, employment history and company relationship.
- If relying on alternative evidence for a select position, explain why the position qualifies. For a qualifying intra-group transfer, an assignment letter, group structure and role description can help explain the move.
- If no alternative applies, use the ordinary advertising rules. A senior title, urgent vacancy or local disruption alone does not establish an exemption.
Frequently asked questions — Stage 2
Answers are general and depend on the stream, application date and individual evidence.
Can we restart an expired ad the next morning or advertise on Gumtree?
Use a nationally recognised recruitment website or another permitted channel. The Department’s June 2026 clarification excludes Gumtree. If replacing an ad, overlap the ads while both application links are working. For example, weeks 1–3 and weeks 3–4 overlap and can cover four continuous weeks. In its October 2023 response, the Department rejected an example where one short ad ended on 24 May and the next began on 25 May. Keep the submission link accessible. If replacing one short ad with another, allow an overlap and check the other advertising requirements. Keep copies and timestamps.
Do we need to advertise for a Malaysian or Peruvian nominee?
For a standard 482 nomination, Home Affairs lists both countries, subject to the relevant trade agreement category. Record the applicable category and the nominee’s evidence before relying on it. These published trade exemptions do not apply to labour agreement or subclass 494 nominations.
Do all 482 nominations need two job advertisements?
No. That is the common SBS Core/Specialist rule, but qualifying international trade obligations, defined select positions and Labour Agreement arrangements can change the requirements. Record the precise basis of any exception.
Can we count overlapping advertisements towards the four weeks?
Yes. Under the standard rule, two qualifying ads for the same position can overlap to give candidates at least four continuous weeks to apply. Count each calendar day once. Keep copies of both ads and evidence that applications stayed open. See LIN 18/036, section 8.
Can the two advertisements be on one website?
The current Home Affairs guidance permits two advertisements using qualifying media; it is the validity of each ad and the required period that matters, not necessarily two different platforms.
Is posting a job to Facebook enough?
Ordinary social-media posts are not generally qualifying advertising on their own. Use a permitted recruitment channel with the necessary Australian reach.
When does the four-month period begin?
It is measured back from nomination lodgement for the usual rule. Advertisements must satisfy the relevant timing and duration requirements inside that period.
Does salary need to be published in the advertisement?
The usual content rule requires a salary figure where the nominated position's annual earnings are less than AUD 96,400. This is a separate amount from the stream's income threshold.
If we interviewed no suitable Australian candidates, is LMT automatically satisfied?
Not automatically. The ads, recruitment opportunity, vacancy terms and supporting evidence must satisfy the applicable requirements. Poorly matched or contrived recruitment can still raise issues.
Does a Labour Agreement always avoid advertising?
No. A Labour Agreement may expressly require LMT or prescribe different evidence and timeframes. Check the executed agreement.
Can an ITO exemption be based on nationality?
Some categories take nationality or residence into account, but conditions vary. Verify the current instrument and all relevant facts before claiming an exemption.
We advertised from 1–21 November and 15–28 November. Can we lodge on 1 December?
For a proposed 1 December nomination, assume both ads were in qualifying media for the same role, and applications were open for every date shown. The ads overlap on 15–21 November. Together they cover 1–28 November inclusive: 28 continuous days, within the four months before lodgement. This meets the timing component. Check the wording, recruitment outcome and any redundancy before lodging.
Both ads closed on 21 November. Can an open email inbox cover the missing week?
If both ads ran from 1–21 November and stopped inviting applications on the 21st, the evidence shows three weeks. A working email address alone does not establish another advertised week. Arrange qualifying advertising and check the dates before lodging.
We made an Australian worker redundant halfway through the campaign. What do we do?
Suppose the redundancy was on 10 November, in the nominated occupation, and the worker was an Australian citizen or permanent resident. For a December nomination, restart qualifying advertising after 10 November, allow the full application period and include the redundancy details. Keep both the decision record and the new advertising evidence.
Need advice about your actual circumstances?
These articles explain the legal framework and procedural issues; they do not determine eligibility or predict the Department’s decision. Migration and visa advice is provided by Sunil Choudhary, Registered Migration Agent (MARN 2418425).
Sources, policy vintage and legal reference
Research basis: Department of Home Affairs Procedural Instruction VM-7172 §3.6 · LEGEND 7 December 2024, provided to A2MS. Departmental policy is guidance, not legislation. The older policy version is checked against the operative Act, Regulations and Home Affairs public guidance; current instruments and application-date rules prevail. Last editorial review: 7 November 2026.
