Part 1Preliminary

Part 1 Preliminary

1 Name

(1) This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018. (2) This instrument may also be cited as LIN 18/036.

3 Authority

This instrument is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act.

4 Definitions

Note: A number of expressions used in this instrument are defined in:

(a) regulation 1.03 of the Regulations, including:
(i) standard business sponsor;
(b) subsection 5(1) of the Act including:
(i) approved sponsor;
(ii) Australia;
(c) subsection 140GBA(7) of the Act including:
(i) associated entity;
(ii) Australian permanent resident;
(iii) eligible temporary visa holder;
(iv) labour market testing

In this instrument:

accredited sponsor means a standard business sponsor with accredited status..

accredited status means current approval given by the Department that:

(a) standard sponsorship requirements are met, including but not limited to:
(i) lawful operation of the sponsor’s business; and
(ii) having no relevant adverse information against the sponsor, or the sponsor’s business; and
(b) additional characteristics are met, including that the sponsor has:
(i) maintained good dealings with the Department of Home Affairs;
(ii) complied with relevant laws; and
(iii) lodged decision-ready applications.

Act means the Migration Act 1958.

ANZSCO means:

(a) in relation to a nomination of an occupation relating to an application, or proposed application, for a Subclass 482 (Skills in Demand) visa—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;
(b) in any other case—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.

earnings has the meaning given by regulation 2.57A of the Regulations.

Regulations means the Migration Regulations 1994.

select occupation: a nominated occupation is a select occupation if the position associated with the nominated occupation is a select position..

select position is:

(a) a position in a profession, or in any of the following fields, which requires its occupant to have an internationally recognised record of exceptional and outstanding achievement in the relevant profession or field:
(iv) a sport; or
(v) academia and research; or
(vi) top-talent chef; or
(b) a position that is to be filled by a person who is:
(i) employed by a company operating an established business overseas; and
(ii) nominated by a standard business sponsor who is an associated entity of that company, mentioned in subparagraph (i), operating in Australia; or
(c) a position held by a holder of a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, Subclass 482 (Skills in Demand) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the visa holder) and for which a new nomination has been lodged solely because:
(i) the annual earnings for the position held by the visa holder have changed; or
(ii) the business structure of the standard business sponsor (or an associated entity of that sponsor) who most recently nominated the occupation in relation to the visa holder has changed and, as a result, the visa holder, while not changing positions, is no longer employed by the standard business sponsor or associated entity; or
(d) a position for which the annual earnings will be equal to or greater than $250,000.00 AUD; or
(e) a position within ANZSCO Minor Group 253 - Medical Practitioners, that is not:
(i) ANZSCO 253111 - General Practitioner; or
(ii) ANZSCO 253999 - Medical Practitioners nec; or
(e) a position within ANZSCO Unit Group 4111 - Ambulance Officers and Paramedics.