482 SID Labour Market Testing: Getting the Advertising Right

Labour market testing is the step that decides more 482 SID nominations than most employers expect. Before you can nominate an overseas worker under the Skills in Demand visa (subclass 482), you generally have to show that you genuinely tried to fill the role with an Australian citizen or permanent resident and could not. Get the advertising wrong, and the nomination can be refused even when the worker, the salary, and the occupation are all sound.

This post explains what 482 SID labour market testing actually requires, why timing matters more than the ad copy, and the specific 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. It is not a formality. 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 rather than the whole task.

The requirements that matter in practice

The Department of Home Affairs sets the detailed advertising specification, and it does change. Rather than rely on memory or an old checklist, confirm the current requirements on the Department’s SID nomination pages before you place any advertisement. As a practical framework, plan for the following.

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

Include the salary information. Advertisements generally need to state the salary or a salary range for the role. Leaving salary out, 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 genuine 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. There is both a minimum advertising period and a rule about how recent the advertising must be when you lodge. Both are set by the Department and both are enforced strictly. This is where timing does the real work.

Why the lodgement date controls everything

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

If your advertising has aged past the accepted window by the time you lodge, you cannot rescue the nomination by running fresh ads after lodgement. The case officer assesses what you did before you pressed submit. In effect, stale advertising is a problem you can only fix by advertising again and lodging again, with the cost and delay that involves.

The nomination charge alone is not trivial. A 482 SID nomination for a period of up to one year, for a business with annual turnover under 10 million dollars, carries a nomination charge of $1,530 (as at 5 July 2026, per the Department of Home Affairs current visa pricing). Longer nomination periods cost more, and none of it is 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 your nominee is a legal question that turns on the specific facts, so confirm it before you rely 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. And most commonly, the employer sat on a completed advertising file for too long and the evidence had gone stale by lodgement.

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

Get the nomination right before you lodge

Labour market testing rewards preparation and punishes delay. If you are an employer planning a 482 SID nomination, we generally advise finalising the position and salary first, advertising correctly against the current Department specification, and lodging 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 contact us to review your labour market testing before you lodge.