By Natasha Silveira | 1 October 2026 | 10 min read
key takeaways
- Most LMT delays trace back to five fixable errors in ads, wording, timing, evidence or exemptions.
- Run two qualifying ads that accept applications for at least four full weeks.
- Ads must show the salary when annual earnings sit below $96,400.
- Lodge within four months of advertising, or run the campaign again.
- Screenshot every ad while it's live, and check exemptions before you skip advertising.
The email from Home Affairs is short. The case officer wants proof your job ads accepted applications for four full weeks. You check, and one listing quietly expired on day 26.
That’s how most labour market testing mistakes surface. They show up mid-process, after the nomination is lodged and the fees are paid. Some trigger a request for more information and weeks of delay. Others end in refusal, and the nomination fee and Skilling Australians Fund levy don’t come back.
This guide covers the five errors we see most often. For each one, start with the symptom you’re seeing, then work through the fix.
Where LMT goes wrong in the nomination process
Each stage has its own trap. Find yours, then jump to that mistake.
1
Check for an exemption
Decide whether standard advertising applies before you spend a dollar on ads.
Risk: Mistake 5
2
Write and place the ads
Two qualifying platforms, four full weeks, and every required detail in the ad.
Risk: Mistakes 1 and 2
3
Capture the evidence
Dated screenshots of every ad while it's live, plus matching invoices.
Risk: Mistake 4
4
Lodge inside the window
The ads must fall within the four months ending on lodgement day.
Risk: Mistake 3
Match your symptom to the labour market testing mistake
If your nomination has stalled, the department’s question usually points straight at the problem. Use this list to find your section.
- Asked to prove four weeks of advertising: Mistake 1
- Asked about salary or role details in the ad: Mistake 2
- Ads ran more than four months before lodgement: Mistake 3
- Asked for copies of the advertising material: Mistake 4
- Asked why no advertising was done: Mistake 5
Case officers check this closely for a reason. Australia had 325,000 job vacancies in August 2026, according to the Australian Bureau of Statistics. Jobs and Skills Australia found 29% of assessed occupations were in shortage in 2025. Plenty of roles are hard to fill. LMT is how you prove you tried locally first, and the rules sit in a legislative instrument that leaves little room for “close enough”.
Labour Market Testing Mistakes
Mistake 1: advertising that misses the duration or placement rules
The symptom
The department asks for proof your ads ran for four weeks, or questions where they appeared. Your campaign felt complete. On paper, it isn’t.
What went wrong
The ads went up, but not in a way the rules recognise. The usual versions look like this:
- A 30-day listing the job board pulled early.
- One ad on a job board and one on Facebook.
- An ad on your own website when you aren’t an accredited sponsor.
- Two ads that ran a week apart, leaving a gap in coverage.
Why it fails
Under the current Home Affairs labour market testing rules, you need at least two ads. They must run on a recruitment website with national reach, in national print media, on national radio, or on your own site if you’re an accredited sponsor. Applications must stay open for at least four weeks from first publication.
Social media posts and general classifieds don’t qualify. An ad that closes on day 27 hasn’t run for four weeks, no matter why it closed.
How to fix or avoid it
Set every listing to run for at least 30 days, so an early expiry doesn’t cost you the fourth week. Two overlapping ads can combine to cover the four weeks, as long as there’s no gap between them.
If your ads have already fallen short, you can’t patch them. Ads placed after lodgement don’t count, so the fix is usually a new campaign and a fresh nomination. Your migration agent can advise whether to withdraw first.
One more trap. Older guides still mention a mandatory Workforce Australia ad. That requirement was removed in December 2023, so two qualifying ads are enough. Our LMT advertising rules guide covers every platform question in detail.
LMT ads that count vs ads that don't
Counts towards LMT
National job board listing - A listing on a recruitment site with national reach, such as SEEK or LinkedIn Jobs.
Your own careers page - Only if you're an accredited sponsor. Everyone else needs a second external ad.
Overlapping ads - Two ads can combine to cover the four weeks if there's no gap between them.
Recruitment agency ads - Fine when the agency is named and you've authorised the ad.
Doesn't count
Social media posts - Facebook or Instagram posts don't meet the recruitment website test.
General classifieds - Buy-and-sell sites aren't recruitment platforms, even if people apply.
An ad that closed early - If applications stopped before four weeks, the duration test fails.
Ads older than four months - Anything outside the window on lodgement day can't be counted.
Mistake 2: job ads missing mandatory content
The symptom
The case officer asks about the salary, or notes the ad didn’t describe the position you’ve nominated. Sometimes it goes straight to refusal.
What went wrong
The ad worked well as a recruitment ad but left out something the instrument requires. It said “competitive salary” instead of a figure. A recruiter advertised for a “confidential client” with no agency name. Or the title and duties didn’t match the nomination.
Why it fails
Every ad you rely on must include four things: the position title or a description, the skills or experience needed, the sponsor’s or recruitment agency’s name, and the salary if annual earnings are below $96,400. A salary range is fine. All of it must be in English.
The mismatch problem is separate but just as costly. If the ad offers $72,000 and the nomination says $85,000, or the ad says “Cook” and the nomination says “Chef”, the case officer can fairly ask whether you tested the market for this job at all.
How to fix or avoid it
Write one ad template and check it against the draft nomination before it goes live. Keep the title, duties, location and pay identical across both ads and the nomination form. If a recruiter places the ad, make sure their name appears and that you’ve authorised it in writing. Ten minutes of checking here saves months later.
The four numbers every LMT campaign is measured against
2
Minimum number of ads on qualifying platforms
4 weeks
Minimum time applications must stay open
4 months
Window before lodgement the advertising must fall within
$96,400
Below this salary, the ad must state the pay
Source: Department of Home Affairs, Migration (LIN 18/036) labour market testing instrument
How a four-month window gets missed
Ads ran 2 April to 30 April. The nomination was lodged on 15 September.
Advertising period
Valid LMT window (15 May to 15 September)
The problem
The gold bar ends before the green window starts. Neither ad can be counted.
The fix
Plan backwards from lodgement day and lodge within weeks of the ads closing.
Source: Department of Home Affairs, Migration (LIN 18/036) labour market testing instrument
Mistake 3: testing outside the valid window
The symptom
Your ads ran months ago. Sponsorship approval and a skills assessment pushed lodgement back. Now the department says your advertising doesn’t count.
What went wrong
The campaign was fine. The timing wasn’t. Say your ads ran from 2 April to 30 April, and lodgement slips to 15 September. The four months ending on 15 September start on 15 May. Neither ad falls inside that period.
Why it fails
The advertising must fall within the four months ending on the day you lodge the nomination. The clock runs back from lodgement, not forward from when you started. Older ads can’t be counted, however good the campaign was. Labour agreement pathways can set different timing, so check the agreement if that’s your route.
How to fix or avoid it
Plan backwards from your target lodgement date. Get the sponsorship approval and nominee documents moving while the ads run, not after. Aim to lodge within a few weeks of the ads closing, which leaves room for a delay. If the window has already passed, readvertise. It’s slower, but it costs far less than a refusal. Our guide to labour market testing and sponsoring a foreign worker sets out the full sequence.
Mistake 4: evidence that’s incomplete or poorly documented
The symptom
You know the ads ran properly. You just can’t prove it. The listing expired, the job board account was closed, and all you have is an invoice.
What went wrong
Nobody captured the ads while they were live. Reconstructing them later is hard, and job boards don’t keep expired listings for long.
Why it fails
Home Affairs needs a copy of the advertising material with the nomination. A case officer can only assess what’s in front of them. An invoice shows you paid for something. It doesn’t show the wording or the dates. A decision-ready LMT file usually includes:
- A screenshot of each ad showing the full text.
- The platform name and URL in the screenshot.
- The publication date and closing date.
- Invoices or receipts that match those dates.
How to fix or avoid it
Screenshot every ad on the day it goes live and again in week four. Save each one as a PDF with the platform and date in the file name, such as “SEEK-ad-2026-04-02.pdf”.
Keep a short applicant log too. Note how many people applied and why each wasn’t suitable. The instrument doesn’t list it, but it answers the next question a case officer is likely to ask about whether the role is genuine.
Not sure your ads will pass?
Send VeiraMal your ad copy and dates. We'll check them against the current rules before you lodge, not after a refusal.
Book Your Free Discovery CallQuick scorecard: is your LMT ready to lodge?
Tick every item that applies to your nomination.
Mistake 5: missing or misreading an exemption
The symptom
This one comes in two forms. You paid for a month of advertising you didn’t need, which pushed your timeline out. Or you skipped advertising because you assumed an exemption applied, and the case officer disagreed.
What went wrong
Nobody checked the exemption against the actual rules before deciding. The first version costs time. The second can cost the whole nomination.
Why it fails
Some nominations don’t need standard LMT. The main groups are:
- Nominees covered by Australia’s international trade obligations.
- Positions paying $250,000 or more a year.
- Intra-corporate transfers to an associated Australian entity.
- Certain medical practitioner, paramedic and exceptional-talent roles.
Trade-based exemptions turn on the nominee’s citizenship and their employment history. They’re set out in a separate determination and they’re technical. Most of the other groups still need a written submission explaining why a suitable Australian isn’t readily available. Claim an exemption that doesn’t fit and the nomination fails, with no refund.
How to fix or avoid it
Check the nominee’s passport and employment history against the exemption before deciding whether to advertise. Write down which exemption applies and why, and keep it on file. If you’re not sure, advertise. A month of ads costs far less than a refused nomination. A registered migration agent should confirm any trade-based claim.
Already lodged? What to do now
If a request for information has arrived, respond within the deadline and give exactly what’s asked. If the gap can be filled with evidence you already hold, such as missing screenshots, send it. If it can’t, such as ads that ran too short or too early, talk to your migration agent about the cleanest path. That’s often a fresh campaign and a new nomination.
If you want a quick read on where you stand, email VeiraMal at info@veiramal.com or send a message through the contact form. Our labour market testing team can check your ads, dates and evidence before the department does. If you’d rather hand the whole campaign over, our RPO services cover advertising and screening end to end.
Once the visa is granted, a different set of rules applies. Our post on sponsorship duties after the visa is granted covers what comes next.
How VeiraMal Works
1
Discovery Call
A free conversation about your nomination and where the LMT risk sits.
2
Threshold Review
Ads, dates and evidence checked against the current rules before you lodge.
3
Ongoing Support
Advice on call if the department comes back with questions.
Already lodged? What can still be fixed
A general guide only. Your migration agent should confirm the right path for your case.
Usually fixable with evidence
✓ Missing screenshots you still hold copies of
✓ Invoices or receipts left out of the nomination
✓ Unclear ad dates that your records can confirm
✓ A valid exemption that wasn't explained in writing
Usually needs a new campaign
✗ Ads that ran under four weeks or closed early
✗ Ads outside the four-month window on lodgement day
✗ No salary shown when pay is below $96,400
✗ Ads on platforms that don't qualify
Frequently Asked Questions (FAQs)
How long does labour market testing need to run?
Each campaign must accept applications for at least four weeks from the date the ad is first published. You need at least two ads, and overlapping ads can combine to make up the four weeks if there are no gaps. Set listings to run a few days longer than 28 so an early expiry doesn't break the period.
Does an LMT job ad have to show the salary?
Only when the intended annual earnings are below $96,400. In that case the salary, or a salary range, must appear in every ad you rely on. Above that figure you can leave it out, though showing a range often attracts better applicants. Whatever you advertise should match the salary in the nomination.
Can I lodge a nomination if my ads are more than four months old?
No. The advertising has to fall within the four months ending on the day you lodge. Older ads can't be counted, and ads placed after lodgement don't help. If your window has closed, run a new campaign before you lodge. It's slower, but it's cheaper than a refusal.
Is a Workforce Australia ad still required for LMT?
No. The mandatory Workforce Australia ad was removed in December 2023. Two ads on qualifying platforms, such as national job boards, are enough. You can still use Workforce Australia as one of your two ads if you like, but it isn't compulsory.
What happens if a nomination is refused because of LMT?
The nomination fee and Skilling Australians Fund levy aren't refunded, and your nominee waits longer. You'll usually need to readvertise correctly and lodge a new nomination. Your migration agent can advise on review options, but fixing the campaign is often faster. Checking the ads before lodgement avoids most of this.
Stuck mid-nomination? Get your LMT checked before the department does
VeiraMal reviews your headcount, contracts, policies and termination process against the obligations that actually apply to your size. Businesses in Melbourne, Sydney and Hobart.
Book Your Free Discovery Call
Melbourne: Level 2, 480 Collins Street, VIC 3000
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Hobart: Level 6, Reserve Bank Building, 111 Macquarie Street, TAS 7000
info@veiramal.com
