KEY POINTS
- Check advertising rules or a specific exemption before recruitment.
- Retain advertisements, dates and recruitment records.
- Recheck the timing if nomination lodgement is delayed.
Plan before publishing an advertisement
Check whether testing is required, whether a specific exemption applies and whether alternative arrangements are available. Establish the required advertising channels, content and duration before the recruitment campaign begins. A genuine recruitment exercise can still be unsuitable for nomination purposes if the formal requirements are not met. Do not assume that a social media post or an old vacancy listing will suffice.
Keep an evidence trail
Save the complete advertisements, publication dates, invoices or platform confirmations and records showing how applications were handled. Ensure the role, employer and salary information are consistent with the intended nomination. If an advertisement changes during the campaign, retain both versions and seek advice about the consequences. Keep recruitment records organised rather than relying on a link that may later disappear.
Review the campaign before lodgement
Check the permitted relationship between the advertising period and nomination date. If the nomination is delayed, the campaign may need to be revisited. Document the basis for any exemption rather than relying on the applicant’s nationality or occupation in isolation. Agreement-based nominations may have different arrangements that need to be checked separately.
Hypothetical example
An employer recruits successfully through professional contacts but wants to sponsor an overseas candidate. Before nomination, it checks whether the recruitment activity meets labour market testing requirements or a genuine exemption applies. The fact that recruitment occurred does not automatically answer the formal nomination question.
Official sources
Information on this website is general information and does not constitute legal advice. Visa requirements and government charges can change. Obtain advice specific to your circumstances.