Getting the advertising right for 482 SID labour market testing

Labour market testing decides more 482 SID nominations than most employers expect. Before an employer can nominate an overseas worker under the Skills in Demand visa (subclass 482), it generally has to show that it tried to fill the role with an Australian citizen or permanent resident, or an eligible temporary visa holder, and could not. If the sponsor made redundancies in the nominated occupation in the previous 4 months, it must also provide information about them (s 140GBA). If the advertising is wrong, the nomination can be refused even when the worker, the salary and the occupation are all sound.

Below is what 482 SID labour market testing requires, why timing matters more than the ad copy, and the errors we see cause refusals.

What labour market testing is meant to prove

Labour market testing (LMT) is the evidence that the Australian labour market could not readily supply a suitable worker for the position. The case officer is looking for real advertising of the actual role, aimed at Australian workers, close enough in time to the nomination that it reflects the current market.

The test sits alongside the other nomination requirements, including that the position is genuine and that the salary meets the relevant threshold or the Annual Market Salary Rate, whichever is higher. LMT can be met and the nomination still refused on one of those other grounds, so treat it as one part of a complete nomination.

The requirements that matter

The Department of Home Affairs sets the detailed advertising specification, and it does change. Confirm the current requirements on the Department’s SID nomination pages before placing any advertisement, rather than relying on memory or an old checklist. As a working framework, plan for the following.

Advertise the actual position. The advertisement should describe the role being nominated, including the title and the duties, and name the employer or the recruitment agency running the ad on the employer’s behalf. A vague or generic listing that does not match the nominated occupation invites doubt.

Include the salary information. The advertisement must state the salary (a range is acceptable) if the intended annual earnings are below $96,400 (LIN 18/036 s 8(4)(d)). Leaving salary out where it is required, or advertising a figure that does not line up with the nomination, is a frequent problem.

Advertise in the right places. The position must be advertised on platforms with national reach in Australia. Advertising limited to an overseas audience, an internal noticeboard or a single narrow channel will not satisfy the test.

Run the advertising long enough, and recently enough. At least two advertisements are required, applications must be accepted for at least 4 weeks, and the advertising must fall within the 4 months ending on the day the nomination is lodged (Migration Act s 140GBA and LIN 18/036). The Department enforces these rules strictly. Timing does the real work here.

Why the lodgement date controls everything

The recency of the advertising is measured against the date the nomination is lodged, not the date it is decided. The same lodgement-date logic governs the salary threshold, and it catches employers who prepared early and then delayed.

If the advertising has aged past the accepted window by the time of lodgement, fresh ads run after lodgement cannot rescue the nomination. The case officer assesses what the employer did before it pressed submit. Stale advertising can only be cured by advertising again and lodging again, with the cost and delay that involves.

The government charges alone are not trivial. A 482 SID nomination carries a nomination charge of $330, and the Skilling Australians Fund levy of $1,200 for each year of the nomination period for a business with annual turnover under $10 million ($1,800 per year otherwise) is paid at the same time (as at 25 September 2026, per the Department of Home Affairs cost of sponsoring page). A one-year nomination by a small business therefore costs $1,530 in charges, a four-year nomination $5,130, and the nomination charge is not recoverable if the nomination fails on an avoidable LMT error.

When labour market testing does not apply

There are exemptions. The most significant flow from Australia’s international trade obligations, which can remove or reduce the LMT requirement for certain nationals or certain roles depending on the applicable agreement. Whether an exemption applies to a particular nominee is a legal question that turns on the specific facts, so confirm it before relying on it. Assuming an exemption applies when it does not is as damaging as skipping the advertising.

Common mistakes that cause refusals

The refusals we see most often share a pattern. Advertising was run before the position was properly defined, so the ad does not match the nominated occupation. The salary was left off or was inconsistent with the nomination. The advertising ran for less than the required period, or applications were only accepted for part of it. Most commonly, the employer sat on a completed advertising file for too long and the evidence had gone stale by lodgement.

Keep dated records of every advertisement: the platform, the live dates, the full text, and screenshots showing the role and salary as advertised. If a recruiter is used, keep their evidence too. The file built now is the file the case officer reads later.

Get the nomination right before you lodge

Labour market testing rewards preparation and punishes delay. An employer planning a 482 SID nomination should finalise the position and salary first, advertise against the current Department specification, and lodge while the evidence is fresh.

Visa Plan Lawyers advises employers on sponsorship, nomination and the SID visa from end to end. To plan a compliant nomination, see our employer sponsored visas service page and our 482 SID visa guide, or book a consultation to have your labour market testing reviewed before you lodge.

General information only, current at the date shown. It is not legal advice on your situation. To get advice on your matter, book a consultation.