Labour Market Testing (LMT)

Labour Market Testing (LMT) Exemptions

LMT is not required where Australia has waived this requirement under its International trade obligations (ITOs), including in any of the following circumstances:

• the worker you nominate is applying in one of the LMT exempt categories under these ITOs and is a citizen/national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.
• the worker you nominate is a current employee of a business that is an associated entity of your business, and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea, United Kingdom, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands or Vanuatu.
• the worker you nominate is a current employee of an associated entity of your business, and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs, and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia.
• your business currently operates in a WTO member country or territory, or Tuvalu, Kiribati, Niue, or the Cook Islands, and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs.
• the worker you nominate is a citizen or an eligible permanent resident* of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years.

Note: the above ITO exemptions do not apply for nominations lodged under a labour agreement and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494). *eligible permanent residents in this circumstance include permanent residents of Armenia, Canada, New Zealand or Switzerland. For the purposes of ITOs, the following occupations are considered to be Executives or Senior Managers.

Occupation	ANZSCO Code
Advertising Manager	131113
Chief Executive or Managing Director	111111
Chief Information Officer	135111
Corporate General Manager	111211
Corporate Services Manager	132111
Finance Manager	132211
Human Resource Manager	132311
Sales & Marketing Manager	131112
Supply and Distribution Manager	133611

Countries which are currently WTO members are listed on the World Trade Organization website. For more information on ITOs, see:

• Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021
• Trade and investments – Department of Foreign Affairs and Trade (DFAT)

The Australia-United Kingdom Free Trade Agreement (A-UKFTA) The Australia- United Kingdom Free Trade Agreement entered into force on 31 May 2023. It is located on the DFAT website. The mobility provisions of the A-UKFTA are contained in:

• Chapter 11 Temporary Entry for Business Persons | Australian Government Department of Foreign Affairs and Trade and
• Annex IV Specific Commitments on Temporary Entry for Business Persons – Schedule of Australia | Australian Government Department of Foreign Affairs and Trade

Alternative requirements Alternative submission requirements apply in the following cases:

Case	Requirement
Where the occupant has to have an internationally recognised record of exceptional and outstanding achievement in a profession or in the field of sport, academia and research, or a top-talent chef.	Your submission should explain why the specific individual nominated is the only person, or one of very few people, who could undertake the nominated position.
Where there is a new nomination for an existing TSS, subclass 494 or subclass 457 visa holder solely because: the annual earnings that will apply to the nominee have changed; or a change in business structure has resulted in the visa holder being no longer employed by the standard business sponsor even though they haven’t changed position.	Your submission should explain that the position is already filled by an existing TSS, subclass 494 or subclass 457 visa holder, but give reasons why a new nomination is required (for example, due to a business restructure).
Where there is an intra-corporate transfer (ICT) the transfer of an existing employee of a company operating overseas to an associated entity of that company operating in Australia.	Your submission should explain the need for an ICT transfer and documentation outlining the transfer arrangement.
Where the annual earnings will be equal to or greater than AUD250,000.	Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process, which included inviting applicants from Australia.
Where the nominees are within: ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999) ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics.	Instead of meeting standard LMT requirements, a written submission may be made by the nominator that provides reasons why a suitably qualified and experienced Australian citizen or permanent resident, or suitably qualified and experienced eligible temporary visa holder, is not readily available to fill the nominated position.