Common Reasons For Rejection Of An Employer Sponsorship Visa In Australia

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June 22, 2023

Introduction

There are three types of employer sponsorship visas in Australia, all with similarities and significant differences. There is the Temporary Skilled Shortage (TSS) Subclass 482, which has both a short-term and medium-term stream; The Employer Nominated Scheme (ENS) Subclass 186, which has a temporary residence transition and a direct entry stream; and the Skilled Employer Sponsored Regional (Provisional) (SESR) Subclass 494. Each of these visas have specific and complex conditions and rules which must be met in order for them to be approved. There are a number of common reasons why an Employer Sponsorship Visa can be rejected. At AustraliaMigrate, we want to help you understand the reasons behind a potential rejection to help ensure that you achieve a positive outcome with your application.

Common Reasons For Rejection Of An Employer Sponsorship Application In Australia

There are several common reasons for employer sponsorship application rejection, both for the employer and the employee. These will be outlined below in greater detail for extra clarity.

Reasons For Rejection Of Sponsorship Application For Employers

An Employer’s initial sponsorship application can be rejected on a number of grounds. 

  • Failure to demonstrate that they are an operating business.
  • Failure to nominate an occupation from the list of eligible skilled occupations included on the Medium and Long-term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL), the Regional Occupation List (ROL) or the Regional Sponsored Migration Scheme (RSMS) ROL List.
  • Failure to advertise the occupation across 3 separate places, including the Workforce Australia website, to satisfy labour market testing.
  • Failure to demonstrate a genuine need for the occupation in their business.

Reasons For Rejection Of Sponsorship Application For Employees

  • The employee’s occupation does not align with the necessary skilled occupation list (MLTSSL, STSOL, ROL, RSMS) and the ANZSCO occupation code.
  • The employee has not had a skills assessment or their skills assessment is not a certified copy
  • The employee does not have the level of English proficiency required, based on testing
  • The applicant is over the maximum age requirement

Common Reasons For Rejection Of An Employer-Sponsored Visa Application In Australia

There are reasons for employer sponsorship visa application rejections. These are also outlined below in further detail.

Reasons For Rejection Of Employee-Sponsored Visa Application For Employers

  • Failure to demonstrate that the role is a genuine full-time position that is required for the business.
  • A major reason for a TSS visa refusal is when the sponsor fails to demonstrate the genuine need for the full-time position being nominated.
  • Failure to pay the Australian market salary rate for the role, which can vary based on the visa type and role.
  • Failure to demonstrate that the business will be able to pay the salary to the applicant for a minimum of 2 years.

Reasons For Rejection Of Employee-Sponsored Visa Application For Employees

  • The applicant is unable to pass health and character checks. These requirements are put in place to ensure that the visa holder does not pose a risk to the Australian community and that they are healthy enough to work in Australia. Read more here to learn about health requirements for Australian Visas.
  • Not having 2 years of post-qualification experience. This must be full-time work within 5 years of the application lodgement.
  • The applicant’s occupation must align with the Australian and New Zealand Standard Classification of Occupations (ANZSCO) codes
  • The applicant must have ‘substantially complied’ with the conditions of their previous visa if they had one. Failure to have done so would result in a rejection.
  • They fail to meet the Genuine Temporary Entrant (GTE) requirement. This is concerned with ensuring that they intend to genuinely reside in Australia temporarily and to comply with visa conditions
  • They have provided false or misleading information about their health or character

How To Check The Rejection Or Refusal Status Of An Employer Sponsorship Visa, Australia

The best place to check the rejection or refusal status of your visa is on the Visa Entitlement Verification Online (VEVO) site.

Ways To Avoid Employer Sponsorship Visa Refusal

  • The employer must be able to demonstrate that they are an operating business, by means of financial statements, marketing materials, organisational charts, and other identifying details about the company.
  • The employer must correctly meet the Labour Market Testing requirements by po
  • The employer must pay the market rate for the role. Salary and super requirements can vary between visa types and occupations.
  • Ensure you attach a copy of the signed contract with the nomination application.
  • For the employee, it is important to select the ANZSCO code that best matches the occupation and to provide evidence that your role duties align with the occupation.
  • Speak to an immigration specialist who can help ensure your application is correct.

How Are Employer Sponsored Visa Applications Managed By AustraliaMigrate?

At AustraliaMigrate, we offer a comprehensive service that allows you to be stress-free about all areas of your Employer Sponsored Visa. Whether you are the company wanting to sponsor a visa, or an employee looking to migrate to Australia for work, we can assist you and ensure all of your documentation is accurate for whichever visa type you want to take out. 

We can assist both employers and employees with assessing their eligibility, provide comprehensive guidance and management of all visa-related documentation, manage all aspects of the visa process, and even prepare, complete, and lodge an application on your behalf. Working with our team can remove all the stress of lodging a visa application.

Conclusion

There are a number of reasons why a business sponsorship visa might be rejected by the Department of Home Affairs. Typically, Employer Sponsorship Visas, of all subclasses and streams, are a deeply complex and challenging process. Understanding the common pitfalls can improve the chances of having a positive result. 

To avoid errors and ensure you have all the correct information at hand, it is important to seek the advice of experienced migration experts. At AustraliaMigrate, we have a highly knowledgeable team that can assist every step of the way to improve your chances of approval. 

 

Contact us today for expert knowledge and seamless immigration advice and find out more about how we can help your immigration journey.

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