Starting 23 November, the Department for Immigration and Border Protection will require labour market testing prior to nominating overseas workers for Subclass 457 visas. The new requirement comes under amendments to the Migration Act 1958 and Migration Regulations 1994 (by way of the Migration Amendment Act 2013). This change was anticipated in Berry Appleman & Leiden Australia’s periodical newsletter in September 2013.

While the date has been set for implementation, a few key details remain unknown. Specifically, the Minister for Immigration and Border Protection, The Hon. Scott Morrison Member of Parliament, has not yet released a list of occupations that will be exempt from labour market testing. In addition, the Department of Immigration and Border Protection has not yet clarified what will be considered appropriate evidence to prove that labour market testing has been adequately completed.

Once details on both of these aspects of the law are defined, clients will be better able to see the impact of the new labour market testing requirement.

Berry Appleman & Leiden is closely monitoring the upcoming changes to the Subclass 457 visa program, and shall provide further details regarding these changes as further information comes to hand.

This alert has been provided by BAL Australia. For additional information, please contact

MARN: 0850984

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