Common Mistakes in Labour Market Testing and How to Avoid Them

Labour Market Testing (LMT) is a mandatory requirement for many employer-sponsored visa programs. Its purpose is to confirm that an employer has made genuine efforts to recruit local workers before sponsoring a foreign employee. Despite its importance, visa refusals frequently occur due to avoidable LMT errors.

Understanding common mistakes—and how to prevent them—can significantly improve visa approval outcomes.


1. Using Unapproved Advertising Platforms

The Mistake

Employers sometimes advertise roles on platforms that are not approved by immigration authorities or fail to meet regulatory standards.

How to Avoid It

  • Use only government-approved or officially recognized job platforms

  • Confirm platform eligibility before advertising

  • Keep proof of where and when ads were posted


2. Advertising for an Insufficient Duration

The Mistake

Running job advertisements for fewer days than required under visa regulations.

How to Avoid It

  • Check minimum advertising periods (e.g., 14–28 days)

  • Ensure ads run continuously without interruption

  • Keep screenshots showing start and end dates


3. Incomplete or Non-Compliant Job Advertisements

The Mistake

Job ads missing critical details such as duties, skills, or salary information.

How to Avoid It

  • Clearly state job title and core responsibilities

  • Include required qualifications and experience

  • Disclose salary or salary range where required


4. Misalignment Between Job Ad and Visa Nomination

The Mistake

Differences between the job advertised and the role described in the visa nomination.

How to Avoid It

  • Ensure job title and duties match across all documents

  • Align job description with official occupation lists

  • Review consistency before submission


5. Unjustified Rejection of Local Candidates

The Mistake

Rejecting local applicants without valid or documented reasons.

How to Avoid It

  • Assess all applicants fairly

  • Document reasons for rejection clearly

  • Base decisions on skills, qualifications, and experience


6. Poor Record-Keeping and Documentation

The Mistake

Failing to maintain proper evidence of recruitment efforts.

How to Avoid It

  • Save copies of advertisements

  • Keep applicant lists and assessment notes

  • Prepare a structured LMT report


7. Inflated or Unrealistic Job Requirements

The Mistake

Setting overly specific or excessive requirements to discourage local applicants.

How to Avoid It

  • Use industry-standard qualifications and experience

  • Avoid unnecessary certifications or niche requirements

  • Ensure role requirements are reasonable and genuine


8. Ignoring Salary Market Benchmarks

The Mistake

Offering a salary below market rates or inconsistent with the advertised role.

How to Avoid It

  • Conduct a market salary assessment

  • Ensure pay meets visa and industry standards

  • Align salary with job level and responsibilities


9. Late or Incorrect LMT Submission

The Mistake

Submitting LMT evidence after visa lodgement or in an incomplete format.

How to Avoid It

  • Complete LMT before submitting nomination applications

  • Review submission checklists carefully

  • Ensure all supporting documents are included


Conclusion

Labour Market Testing errors are one of the leading causes of employer-sponsored visa refusals. Most mistakes stem from poor preparation, incomplete documentation, or misunderstanding regulatory requirements. By following compliant advertising practices, maintaining accurate records, and ensuring transparency in recruitment, employers can avoid common LMT pitfalls and strengthen their visa applications.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top