Ruby had placed a few job ads and assumed she was all set. "Is your labour market testing actually ready?"
Ruby ran a growing accounting firm in Perth. She had found the perfect overseas candidate for a key role and was ready to nominate for a 482 visa. She had even placed a few job ads, so she assumed she was all set.
Then someone asked: "Is your labour market testing actually ready?" Turns out, a small mistake could have put her nomination at risk.
The Question That Saved Her Nomination
Ruby ran a growing accounting firm in Perth. She had found the perfect overseas candidate for a key role and was ready to nominate for a 482 visa. She had even placed a few job ads, so she assumed she was all set. Then someone asked: "Is your labour market testing actually ready?"
Employers may need to show they genuinely tried to recruit locally before nominating an overseas worker, and the evidence must be properly documented.
Ruby Checked Her Process and Found These Common Mistakes:
1. Wrong Timing
Advertising outside the required timeframe, or not keeping dates and proof of when ads ran.
Must be completed within the 4 months directly prior to nomination lodgement
Advertisements must run actively for a minimum of at least 4 continuous weeks (28 days)
2. Weak Advertising
Too few ads or the wrong platforms, and missing details like the position, salary or location.
Must use at least 2 national recruitment platforms with prominent national reach (e.g. Workforce Australia)
Must state title, duties, required qualifications, salary range, and work location
3. Mismatched Role
The advertised role didn't match the nominated occupation, and duties and requirements differed from the nomination.
Job descriptions in the advertisement must align directly with the ANZSCO unit group code
Skill prerequisites and salary level cannot contradict the employment contract
4. Poor Records
No copies or screenshots of ads, and no record of applicants or why they weren't suitable.
Case officers require full timestamped screenshots showing ad text, date posted, and dates active
Must retain recruitment summary showing applicant volumes, interviews, and legitimate assessment outcomes
5. Assuming an Exemption
Not confirming whether labour market testing was even required for her case.
Assuming International Trade Obligation (ITO) exemptions without verifying treaty details
An unconfirmed exemption will lead directly to nomination refusal with no post-lodgement cure
The Realisation Ruby Made
Ruby got her LMT checked first:
Fixed the timing to run full 28+ continuous days
Updated the ads to match the nominated role and ANZSCO
Organised all applicant records and timestamped ad proof
One Check Made All the Difference
Instead of lodging and hoping for the best, Ruby got her LMT checked first. She fixed the timing, updated the ads to match the nominated role and organised her records. When she nominated, her evidence was complete and ready.
A small mistake could have put her nomination at risk: one check made all the difference.
100% Compliant
Labour market testing mistakes can put a 482 nomination at risk. Avoid these before you lodge.
Disclaimer: This story is provided for illustrative and educational purposes only to help explain Australian migration law; it does not constitute legal or migration advice.
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