The advertising must take place within the 4 months before the nomination application is lodged
If any Australian workers have been made redundant or retrenched during this 4-month period, the Department of Home Affairs decision makers are likely to request a detailed explanation.
If the advertising was paid advertising, the employer sponsor must provide:
Copies of the adverts
Copies of the invoices
If the advertising was unpaid, the employer sponsor must provide:
The Department of Home Affairs should be provided with information about all other attempts made to recruit Australians – other than advertising.
The employer sponsor must provide evidence that the nominated position was advertised in Australia, and that the adverts included:
Name of the employer sponsor AND/OR the name of the recruitment agency being used by the employer sponsor
The job title or a description of the position
The salary (or salary range) for the position if the annual earnings for the position are lower than AUD $96,400.
The employer sponsor is required to provide evidence of at least 2 advertisements published on any of the following mediums:
A national recruitment website (with national reach), such as:
A prominent or professional recruitment website that advertises nationally
A well-known industry specific website relevant to the occupation
LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies or adverts promoted only to LinkedIn profile members are NOT acceptable for LMT purposes.
A general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram is not an acceptable method of advertising for LMT putposes.
National print media
Print media with ‘national reach’ includes national newspapers or magazines that are published at least monthly and marketed throughout Australia.
National radio, or
Radio with ‘national reach’ includes radio programmes that are broadcast or syndicated nationally.
If the sponsor is accredited – on the business’ website.
Additional information on the advertising requirements:
The nominated position may be advertised in:
the same medium on separate occasions and with no overlap, or
any two different mediums simultaneously or
any two different mediums on separate occasions
If the advertisement is published on a website it is expected that the advertisement would have ‘remained live’ for at least 28 consecutive calendar days.
If the advertisement is published in print media or on the radio, it is expected that applications or expressions of interest for the advertised position were able to be received and reviewed for at least 28 consecutive calendar days following the date of the advert.
Advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, a recruitment agency) – there is no requirement that the sponsor places the advertisement.
A nomination application can be refused for a wide variety or reasons, which could include
the advertising undertaken does not appear to have been for the same position as that nominated;
the nominee advertised the position on behalf of the employer sponsor;
the salary advertised is significantly less than the salary offered to the nominee;
the nominee was offered the job and signed a contract before the advertising period expired.
A few matters to consider:
International trade obligations may preclude the need for advertising in some circumstances, which includes some intra-company transfers.
No advertising is required for the subclass 186 and 187 Temporary Residence Transition Stream nominations.
** The LMT requirements are often less stringent for an RCB application. Employer sponsors may wish to consider adopting the TSS and 186 Direct Entry Stream LMT requirements for a 187 Direct Entry Stream nomination, especially where the nominee is onshore and is already working for the employer sponsor. The employer sponsor may find it difficult to explain why the position cannot be filled by an Australian citizen or permanent resident if the advertising is on the light side.