UK Workers Exempt from Job Advertising Rules
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Edit (29 July 2023):
Bottom line – all UK citizens & permanent residents are now exempt from the job advertising requirements normally applicable to sponsored work visas.
Details – It seems the Australian Government has decided to interpret chapter 11 and Annex IV of the Australia-United Kingdom Free Trade Agreement in favour of granting exemption from labour market testing rules. Employer Sponsored Program Delivery team is now responding to queries about UK citizens as follows: “The Employer Sponsored Program would like to confirm it considers the Contractual Service Suppliers category is constituted by all remaining natural persons not otherwise covered by the ITO categories contained within a particular trade agreement.” That’s good news for all Australian employers wanting to sponsor staff who are UK citizens & permanent residents.
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Edit (18 July 2023): The wording about this on Immigration’s website was changed a few days ago. It is now unclear which UK citizens are exempt, or if all will be given exemption. On behalf of everyone concerned, the Migration Institute of Australia has asked for clarification. No response as yet.
“Labour Market Testing” applies to most sponsored work visas. The Australian Government expects employers to give first priority to employing Australians. Before an Australian business can sponsor a foreign worker for a position, they must prove that a suitably qualified and experienced Australian is not readily available to fill the nominated position. This means a that sponsoring employer must advertise a job 3 times before offering it to a non-Australian.
UK workers now exempt.
Australia has ‘free trade’ agreements with various countries making their people immune from the Labour Market Testing requirement. The UK has now been added to the list.
The full list of people exempted from Labour Market Testing is
- Citizens/nationals of China, Japan, Malaysia, Mexico, Thailand, Vietnam
- Citizens/nationals/permanent residents of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.
