Nick UK Posted September 8, 2016 Share Posted September 8, 2016 Dear agents My proposed employer has been told by two Migration Agents that Labour Market Testing is a requirement of the 186 Visa. Based on my extensive research this is simply not true. To my understanding, Labour Market Testing is only a requirement of the 457 as of 2013. Whilst the employer must have 'a genuine need for a paid employee to fill a skilled position' on the 186 - this is not the same as the Labour Market Testing requirements on a 457. Please can anyone clarify? Thank you in advance Nick Link to comment Share on other sites More sharing options...
Mark Northam Posted September 8, 2016 Share Posted September 8, 2016 Hi Nick - You are correct. Best, Mark Northam Link to comment Share on other sites More sharing options...
Nick UK Posted September 8, 2016 Author Share Posted September 8, 2016 Hi Mark Thank you! Link to comment Share on other sites More sharing options...
Nick UK Posted September 8, 2016 Author Share Posted September 8, 2016 PS: in practical terms how does an employer show they have a genuine need for a paid employee to fill a skilled position? Do they simply have to state that they do? Link to comment Share on other sites More sharing options...
George Lombard Posted September 8, 2016 Share Posted September 8, 2016 PS: in practical terms how does an employer show they have a genuine need for a paid employee to fill a skilled position? Do they simply have to state that they do? Hi Nick, your employer's information is historical if concerning a 186 - for a 187 it can be a live issue depending on the RCB involved - but for a 457 and "genuine position" there's no simple explanation - the Department has recently run a series of seminars on this topic and your employer should be getting advice from people who attended the "roadshow". cheers, George Lombard Link to comment Share on other sites More sharing options...
Nick UK Posted September 8, 2016 Author Share Posted September 8, 2016 Dear George Thank you and yes agreed on the 186. My employer wouldn't have attended any migration roadshows as this is the first time they have sponsored anyone. I suspect the reason for the refused 457 nomination was due to the LMT evidence/documents not being submitted at the same time as the nomination. I know that some/many nominations are being refused on this basis as opposed the evidence itself not being satisfactory. Link to comment Share on other sites More sharing options...
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