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482 Visa Refused: 4 Reasons Why and What to do



Immigration News

The Temporary Skill Shortage (subclass 482) visa is a temporary employer sponsored visa allowing Australian businesses to sponsor overseas workers in an eligible occupation. It provides a pathway to permanent residence through the Temporary Residence Transition stream of the 186 visa or it can be used to accumulate additional work experience for General Skilled Migration such as the 189, the 190 or the 491 visa. The 482 visa is one of the more complex under the Australian migration program so you may want to seek the assistance of a migration lawyer to ensure you address all the criteria for a positive outcome.

 

What is a 482 Visa?

The 482 visa is employer sponsored meaning you must be nominated by an eligible Australian company for the entirety of your visa. As the 482 visa relies on the sponsorship of an employer, you are legally obliged to remain employed with your sponsoring company on a full-time basis, with some exceptions due to COVID, for the duration of your visa. If you cease employment with your sponsor, you will have 60 days to seek a new sponsor in the same occupation or risk having your visa cancelled by the Department.

 

The purpose of this visa is to address labour market shortages by enabling employers to nominate skilled overseas workers where an appropriately skilled Australian citizen or Australian permanent resident could not be sourced.

 

There are two main streams of the 482 visa,

-the Short-Term stream, allowing up to two years, and

-the Long-Term stream, allowing up to four years.

 

The stream under which you will apply depends on your occupation as the two streams use two different skilled occupation lists. This visa can be renewed, however, you will need to demonstrate that you continue to meet the Genuine Temporary Entrant criteria.

 

If your 482 has been refused, it may be due to one of the reasons below, as these are the most common for refusal.

 

1.Labour Market Testing

Labour market testing is the requirement for the sponsoring company to advertise the nominated position across a range of online recruitment platforms. The advertisements must adhere with specific requirements and run for a minimum period of 28 days. These requirements specify the information which must be included in the advertisements and the platforms on which the advertisements must be posted.

 

Upon completion of the advertising, the employer must prepare a report which summarises the advertising campaign and explains why each candidate was considered unsuitable for the position. A failure to do so may result in refusal as the Department may deem the advertising to be ingenuine.

 

Overall, the labour market testing is the one of the most common reasons for refusal of a 482 visa as it is often done incorrectly and not in accordance with the Department’s standards.

 

2.Occupation Caveats

A caveat is an additional requirement or condition that must be fulfilled for a specific occupation. The caveat is specific to the occupation and applies generally because the occupation has a broad definition and ensures that positions are filled only due to a genuine labour market shortage.

 

Caveats may relate to the annual turnover of the sponsoring company, the number of employees within the organisation or the setting in which the position will work. For example, to nominate an overseas worker as an accountant, the sponsoring company must have an annual turnover above AUD 1 million and have more than five employees.

 

It’s important to confirm whether any caveats will apply to the occupation before you nominate an overseas worker for a 482 visa, as it may be refused on this basis. If you are unsure on any caveats which may apply, consult a migration lawyer.

 

3.Genuine Position

One of the most important yet difficult criteria to meet for the 482 visa is the need for the position to be genuine. As this is the most challenging and heavily scrutinised element of the 482 visa, you must provide high quality evidence in support of the sponsoring company’s need for the position and how it will operate within the business. This is a subjective assessment and the Department will consider whether the position is consistent with the nature of the business and its size and scope of services.

 

The Department will also determine whether the tasks and duties to be performed by the nominated position are consistent with the corresponding ANZSCO job description. You must therefore sufficiently define the position you are nominating to satisfy the Department that the position corresponds with the ANZSCO definition and performs all of the required tasks and responsibilities.

 

4.Financial Capacity and Sponsorship Obligations

Similar to the above, the Department will also enquire into the sponsoring company’s financial capacity to ensure they can support the salary of the nominated position for the duration of the visa. The sponsoring company will need to provide evidence of their annual turnover, profitability and number of staff to properly demonstrate their capacity. If the Department is not satisfied that the business can financially support the nominated position, then the application will be refused.

 

The Department will further assess whether the business can meet its sponsorship obligations and provide the nominee with ongoing work on a full-time basis. This also means that the sponsoring company must ensure that the terms and conditions of employment offered to the overseas worker are no less favourable than those that are provided to or would be provided to an Australian citizen or Australian permanent resident performing the same or equivalent work.

 

Given the depth and complexity of the 482 visa, there are many reasons why it may be refused, however, the above four tend to be the most common. It’s important to be thorough and meticulous when preparing your 482 visa, so you should seek the assistance of a migration lawyer to ensure you get it right the first time.

 

 

Need help with your Visa?

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Email: service@noborders-group.com

Tel:  +61 (07) 3876 4000

 

We will help you exploring visa options and securing application. No Borders Migration is experienced in the migration and Australian visa application, and our migration agents and lawyers have extensive knowledge in the legal requirements, eligibility criteria, and the supporting documents required. Simply dial 07 3876 4000 or email: service@noborders-group.com and let us help you start with your way towards obtaining Australian visa.

 

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