The Temporary Skill Shortage (TSS) visa, subclass 482, allows Australian employers to sponsor a suitably skilled worker from overseas when they cannot find an appropriately skilled Australian. However, the nomination for a 482 visa can be denied or refused for various reasons, often related to non-compliance with the requirements set by the Australian Department of Home Affairs. Key reasons for refusal include:
1. Non-compliance with Labour Market Testing (LMT) Requirements
Employers must provide evidence that they have tested the local labour market and were unable to find a suitable Australian citizen or permanent resident for the job. Failure to comply with LMT requirements, such as inadequate advertising of the position, can lead to a nomination refusal. Best to contact a migration lawyer.
2. Salary and Employment Conditions Not Met
The nominated position must offer a salary that meets market salary rates and complies with Australian standards. If the salary is too low or if the employment conditions do not meet Australian standards, the nomination can be refused.
3. Inaccurate or Incomplete Information
Providing incorrect, misleading, or incomplete information in the application can lead to a 482 visa refusal. This includes inconsistencies in the details of the business, the nature of the job, or the background of the nominated employee.
4. Occupation Not Eligible
The nominated occupation must be on the list of eligible occupations for a 482 visa. Nominating a worker for a position that is not on this list will result in refusal.
5. Failure to Demonstrate Genuine Need
The employer must demonstrate a genuine need for an overseas worker to fill the nominated position. If the Department of Home Affairs is not convinced of this need, the nomination may be refused.
6. Training Levy Non-Payment
Employers must pay the Skilling Australians Fund levy as part of the nomination process. Non-payment or failure to provide evidence of payment can lead to refusal.
7. Health and Character Requirements
If there are concerns about the health or character of the nominated individual, this can impact the nomination, especially if these concerns pose a risk to the Australian community.
8. Business Not Legitimate or Financially Viable
The nominating business must be a legally established and operating business. If there are doubts about its legitimacy or financial stability, the nomination can be refused.
9. Sponsorship Obligations Not Met
If the sponsoring employer has previously sponsored other overseas workers and failed to meet their sponsorship obligations, this can negatively impact new nominations.
10. Lack of Training for Australian Employees
If the employer has not provided evidence of training Australian employees or investing in the local workforce, this can be a ground for refusal.
11. Insufficient Evidence of Position
If the employer fails to provide sufficient evidence that the position is genuine and necessary for the business, the nomination may be refused.
12. Relationship between the Nominating business and the visa applicant
In circumstances where the employer is related to the nominee or the same person, the Department are inclined to refuse. Although not impossible, self-sponsorship is problematic. In situations where the Department believe that the position has been created to facilitate a visa for a relative or friend, the nomination may well be refused.
To prevent refusal, it’s crucial for employers to thoroughly understand and comply with all the requirements of the 482-visa nomination process. Employers often seek professional advice from migration lawyers to ensure that their nomination applications are complete, accurate, and compliant with Australian immigration laws and regulations. Seek the help of an experienced migration agents.