LA Stream

Age

If 45 or older, you cannot satisfy the LA stream criteria unless the labour agreement specifically provides an age concession, in which case the alternative age limit stated in the agreement applies.

The Position and Nomination

The nomination must be made and approved under the LA stream — not the TRT or DE stream. The position must identify the applicant, and both the nomination and visa application must relate to the LA stream. The applicant cannot be assessed against a different position or labour agreement.

Subclause 186.242(2) Repealed

Repealed on 18 March 2018. Applications made before that date are assessed under the prior legislation.

Nomination Must Be Approved

Same rules apply as for other streams. A withdrawn nomination means the visa cannot be granted, even if re-lodged. Adverse information must either not exist or be reasonable to disregard. Adverse information arising after the labour agreement was approved must be notified to the Labour Agreement Section. From early 2022, many labour agreements require the holder to proactively declare adverse information about themselves.

Position Must Still Be Available

Same availability rules apply as for other streams. Applicants must notify the Department if the offer falls through.

Employment Terms and Conditions

Under subclause 186.242(6), the employment terms and conditions must be no less favourable than those that would apply to an equivalent Australian citizen or permanent resident at the same workplace and location.

Qualifications

The applicant must have the qualifications, experience and other attributes suitable for the position under the labour agreement (subclause 186.243(1)).

English Language Proficiency

The applicant must have English language skills suitable to perform the occupation, at the level approved under the labour agreement (subclause 186.243(2)). Any approved English test from the Minister's legislative instrument is acceptable — not just IELTS, even if the labour agreement only references IELTS. Where TRT or DE stream exemptions from the English requirement exist, those same exemptions apply to LA stream applicants.