What the test is actually asking
Strip away the national variations and the test answers one question: was this vacancy genuinely open to the local and EU labour market before a non-EU worker was authorised? There are three ways countries satisfy it.
The occupation appears on a national shortage list, or the category qualifies by skill level or salary. No advertising evidence is required.
The public employment service issues a formal opinion after reviewing the vacancy and the registered jobseekers.
The employer proves genuine advertising in the required channel for the required duration, with no suitable applicants.
Which of the three applies is determined by the country, the occupation classification and often the salary. It is not a matter of employer preference.
Country position, at a glance
| Country | Mechanic | Planning implication |
|---|---|---|
| Poland | Type A and related permits are employer-driven through the Voivodeship, and the market test position depends on the occupation and whether it appears on the shortage list. Quota and processing times vary by Voivodeship. | Verify the current shortage list and Voivodeship filing position before setting a start date. |
| Germany | The Federal Employment Agency assesses many routes, with approval frequently streamlined or waived for shortage occupations, recognised qualifications and qualifying salary thresholds. | Recognition of the candidate qualification is often the longer constraint than the market test itself. |
| Romania | Employer obtains an IGI work authorisation against the annual quota, with availability and timing tied to the quota release. | Quota exhaustion is a real planning risk. File early in the window. |
| Croatia | HZZ opinion and labour market consideration apply, with seasonal and year-round intakes behaving differently. | Seasonal windows are strict and fill quickly. Plan before the season opens. |
| Malta | Single Permit applications are assessed with labour market considerations, and certain categories are treated differently. | Employer eligibility and vacancy registration requirements should be confirmed first. |
| Netherlands | Highly skilled migrant routes rely on the employer being a recognised sponsor, with salary thresholds applying rather than a traditional market test. | Sponsor recognition is the gating item, and it takes time to obtain. |
Orientation only. Confirm the current position with the national authority before committing to a start date or a candidate.
How advertising evidence is assessed
- Channel: the prescribed national portal, employment service or an approved equivalent. A social media post or a private listing usually does not count.
- Duration: the minimum period in national law. Publishing for less, or withdrawing early, invalidates the test.
- Content: the advertisement must genuinely describe the role, hours, location and conditions. Differences between what you advertised and what you offer the non-EU candidate are a standard refusal ground.
- Applicants: where applicants came forward, the assessment considers whether any was suitable. Rejecting suitable local applicants without documented, job-related reasons is a serious problem.
- Record keeping: retain the advertisement, publication dates, applicant records and rejection reasoning. Inspections and appeals both turn on documentation.
FAQ
What exactly is a labour market test?
It is a requirement that the employer demonstrate, in the way the national authority prescribes, that the vacancy could not be filled from the domestic or wider EU labour market before a non-EU worker is authorised. Depending on the country it may be satisfied by evidence of genuine advertising, a formal opinion from the employment service, or an automatic waiver for qualifying occupations.
Which roles are usually exempt?
Commonly shortage occupations on the national shortage list, highly skilled and highly paid categories, certain intra-company transfers, and some seasonal agricultural categories. The precise lists are national and are revised periodically, so the exemption position should be checked against the current national list for the specific occupation and salary.
How is advertising evidence assessed?
Usually by checking the channel, the duration, the content and whether the advertisement genuinely described the role and conditions. Advertising for less than the required period, in the wrong channel, or with conditions different from those offered to the non-EU candidate is a common reason for refusal.
Do quotas mean I might not be able to hire this year?
Sometimes yes. Where a route is quota-capped, the authorisation can only be granted against an available slot, and some countries release slots in defined windows that fill quickly. If you are hiring into a capped route, the filing window effectively sets your recruitment calendar.
Does a labour market test guarantee the permit?
No. It is one condition among several. The role must still meet the salary and qualification requirements, the employer must be eligible, the candidate must satisfy identity and character checks, and the authority retains discretion. No consultant can guarantee an authorisation.
Author: Nexus Point Consultants Employer Desk · Reviewer: senior immigration counsel · Last updated: 15 September 2026.