By RSG, Australian Immigration Law Specialists
The Skills in Demand (SID) Subclass 482 visa is a popular employer-sponsored visa. However, it is frequently refused due to various technical and compliance issues. Below is a breakdown of common reasons for refusal:
1. Invalid Labour Market Testing (LMT)
Labour Market Testing is a key requirement and must be done correctly to demonstrate that no suitable Australian citizen or Permanent Resident workers are available.
Common LMT errors include:
1.1. LMT is older than 4 months at the time of lodging the Nomination application.
1.2. Job advertisements lack information about the annual salary offered.
1.3. Advertised salary range exceeds what is being offered to the nominee.
1.4. Nomination application was lodged less than 28 days after LMT ads were posted.
1.5. One of the required advertisements (out of two) was only posted on the company’s website instead of a designated job board (e.g., Seek, Indeed, Jora, Workforce Australia).
2. Incorrect Annual Market Salary Rate (AMSR)
The AMSR must reflect what an Australian worker would be paid for the same role, at the same location.
Common AMSR issues include:
2.1. AMSR is based on a different state or region than the nominee’s actual work location (e.g., Victoria AMSR used for a Queensland-based role).
2.2. Remuneration surveys suggest a lower AMSR, but job advertisements in the application show a higher salary range, creating inconsistencies.
2.3. AMSR evidence relates to a different occupation (e.g., evidence for ANZSCO 149212 used for ANZSCO 149311).
2.4. Job advertisements used for AMSR purposes do not state any salary range, rendering them non-compliant.
3. Failure to Meet English Language Proficiency Requirements
Nominees must meet minimum English standards unless exempt under legislation.
Common issues include:
3.1. No English test results submitted, or results are outdated or invalid.
3.2. Scores do not meet the minimum requirement in one or more components (Reading, Writing, Listening, Speaking).
4. Insufficient Relevant Work Experience
To be eligible for the 482 visa, the nominee must have at least 1 year of full-time relevant work experience in the nominated occupation or closely related field.
Refusal reasons often include:
4.1. Nominee has less than 12 months of relevant experience at the appropriate skill level.
4.2. Experience was in a dissimilar occupation, not meeting the ANZSCO task requirements.
4.3. Experience was gained during study, but the placement was not part of a CRICOS-registered course, or it was not at the correct skill level.
4.4. Internships, apprenticeships, or placements were not formally structured or not clearly linked to the nominated occupation.
5. Other Potential Factors (Not Exhaustive)
While the above are among the most common issues, additional causes of refusal may include:
5.1. Incorrect ANZSCO code selection that does not align with the nominee’s duties.
5.2. Failure to meet character or health requirements.
5.3. Submitting incomplete or inconsistent documentation.
5.4. Sponsoring employer not meeting the standard business sponsorship requirements or having a poor compliance history.
Conclusion
The Subclass 482 visa process involves strict documentation and regulatory compliance. Small oversights can result in costly refusals. We recommend seeking professional advice to ensure that your nomination and visa applications are robust and fully compliant.
For a comprehensive pre-lodgment assessment or expert representation, contact our team for assistance. RSG specializes in corporate migration law, offering strategic advice to employers across Australia.
