482 labour market testing: an advertising evidence checklist

Check the applicable advertising rules

Identify whether standard requirements, an exemption or alternative arrangements apply to the proposed nomination. Do not infer an exemption from the worker’s nationality or the employer’s familiarity with sponsorship without checking the legal basis.

Home Affairs generally requires evidence of two advertisements and an advertising period of at least four weeks, subject to the applicable rules and exceptions. Confirm approved channels, timing relative to nomination and required advertisement content for the particular case.

Keep the advertised role aligned with the nomination

Use accurate duties, qualifications, location and remuneration information. Resolve a mismatch between the advertisement and the contract before relying on the recruitment. A changed role may require a fresh assessment of the advertising evidence.

Keep copies of the complete advertisements as they appeared, publication confirmations, dates and any relevant invoices. A cropped screenshot may omit information needed to assess compliance. Record when applications opened and closed and preserve the actual platform record where possible.

Explain the recruitment outcome fairly

Maintain a short recruitment report showing the applications received and the work-related reasons candidates were unsuitable. Avoid broad assertions such as no Australians applied unless the records support that statement. Treat applicant information confidentially.

For illustration, an advertisement for an assistant role cannot simply be reused for a later senior position with materially different duties. Emigrate Lawyers can assess the record before nomination and identify whether the evidence supports the proposed role or whether further recruitment is needed.

Common questions