Five Labour Market Testing (LMT) Mistakes Case Study | Migration Republic
Case Study: Labour Market Testing Compliance

Walter's nomination was rejected and he never saw it coming.

Walter had done everything right, or so he thought. He'd advertised the role, found no suitable Australian applicant, and lodged his nomination with confidence.
Weeks later, the rejection letter arrived. Walter was stunned. Where had he gone wrong?

Initial Result
Nomination Rejected
Key Issue
5 LMT Mistakes
Requirement
Documented Proof
Final Outcome
Approved Clean
The Shock Rejection

Where Had He Gone Wrong?

Walter had done everything right, or so he thought. He'd advertised the role, found no suitable Australian applicant, and lodged his nomination with confidence. Weeks later, the rejection letter arrived. Walter was stunned. Where had he gone wrong?

He went back through the process line by line and found five mistakes, each one enough on its own to sink a nomination.
The 5 Mistakes

Five Labour Market Testing Mistakes That Can Jeopardise Your Nomination

Mistake 1 • Duration Requirement

Mistake 1: Advertising for less than 4 weeks

Walter had run ads across a few platforms, but none of them individually hit the full 4-week minimum. He'd assumed the total across platforms counted it didn't. Each advertising run needed to meet the 4-week minimum on its own.

Mistake 2 • Platform Compliance

Mistake 2: Using the wrong platforms

He'd posted on Facebook and relied on word of mouth. Turns out at least 2 ads needed to appear on recognised platforms like Seek, Indeed, or Workforce Australia. Social posts and internal noticeboards simply didn't count as valid evidence.

Mistake 3 • Content Compliance

Mistake 3: Incomplete ad content

Walter's ad was missing a salary range. Every ad needed a job title, key duties, required skills, salary details, and the employer's name anonymous ads weren't accepted. Missing even one element invalidated the entire ad. (The only exception: roles guaranteeing $96,400+ excluding super are exempt from listing salary.)

Mistake 4 • Validity Window

Mistake 4: Stale evidence

Walter had advertised early, then took months to finalise the nomination. By the time he lodged, his evidence was older than 4 months invalid. He should have re-advertised.

Mistake 5 • Rejection Records

Mistake 5: No record of why Australians were rejected

Perhaps the biggest gap, Walter never documented why the Australian applicants he'd interviewed weren't suitable. Advertising alone wasn't enough. He needed written records, assessment notes, and specific reasons for each rejection genuine, not generic.

Five Labour Market Testing Mistakes That Can Jeopardise Your Nomination
Five Labour Market Testing (LMT) Mistakes Guide
The Turnaround

A Documented, Defensible Process

Walter learned the hard way that Labour Market Testing isn't a checkbox, it's a documented, defensible process. With the right guidance the second time around, his nomination went through clean.

Result

With the right guidance the second time around: his nomination went through clean.

APPROVED CLEAN
LMT Compliant
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