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WARNING - 457 Labour market testing - Enforcement of Regulations


Labour Market Testing for 457 - Enforcement of Act

MIA members should be aware that the 457 Processing Centres are now enforcing s140GBA of the Migration Act which specifies the evidence which must be provided as evidence of Labour Market Testing.

To satisfy s140GBA (5)(a) and (6), when evidence of advertising is provided, relevant receipts for the payment of commercial adverting MUST also be provided as a TOA criteria. If the advertising does not attract a fee, this should be made clear in the application.

MIA members are reporting that nominations are being refused if copies of commercial advertisements (eg SEEK) are provided without receipts.  

In some cases, where the question 'do you want to withdraw this visa application if the nomination is refused' is answered 'YES', the associated visas are also being withdrawn without the RMA being contacted.  If RMAs answer 'NO' to that question, there is the risk the visa will be refused and the client left with a s48 bar if they are onshore at the time.

It is possible to lodge a new 457 nomination with the required receipts and have the previous visa application linked to the new nomination where the visa is not automatically withdrawn.

Source: MIA