1. Sponsor approval refused
The Australian business was not approved as a Standard Business Sponsor. Usually involves financial capacity concerns or trading history issues. The business lodges the ART appeal within 21 days.
Two Parties Affected · Act Within 21 Days
Employer sponsored refusals affect the applicant and the business.
Jobs are on hold. Start dates slip. Sometimes the sponsorship nomination itself is refused before the visa even gets assessed. This page covers refusals for Skills in Demand (SID/482), Subclass 186, and Subclass 494.
The three points of refusal
Sponsor. Nomination. Visa. Three separate decisions.
An employer sponsored case moves through three Departmental decisions. Any one of them can be refused, and each has its own appeal pathway.
2. Nomination refused
The specific job nomination was not approved. Common reasons: occupation not on the right list, salary below threshold, labour market testing issues, or concerns about position genuineness.
3. Visa refused
The applicant themselves was refused. Skills assessment issues, English test problems, health or character, or mismatches between claimed work history and the nominated role.
Common refusal reasons by subclass
What each visa category tends to fail on.
Different visas, different patterns. Each subclass has its own recurring refusal reasons.
Skills in Demand (482/SID)
Occupation not on the CSOL or not in the stream applied for. Salary below the Core Skills Income Threshold ($76,515 for 2026). Labour market testing not properly evidenced. Genuine position concerns. Skills assessment not provided where required.
Subclass 186 ENS Permanent
Direct Entry applicants without acceptable skills assessment. Temporary Residence Transition applicants without 2+ years on 482/SID. Nomination refused for the position. Age requirement failure (over 45 with no exemption).
Subclass 494 Regional
Employer not in a designated regional area. Regional Certifying Body not approving the nomination. Applicant not committing to 3-year regional residence. Occupation not on the Regional Occupation List.
How appeals for each type differ
Different evidence for each type of refusal.
A sponsor approval appeal looks nothing like a visa appeal. The ART examines different things in each.
Sponsor approval appealsThe ART looks at business financials, trading history, and capacity to provide employment. We rebuild the financial documentation, updated trading results, and industry standing evidence.
Nomination appealsThe ART looks at the specific position and its genuineness. We rebuild the labour market testing evidence, job description, organisational chart, and evidence that the position represents a real business need.
Visa appealsThe ART looks at whether the individual applicant meets the criteria. Fresh skills assessment, updated English test, documented work history, and clean character and health documents.
Labour market testing rebuildLMT failures are a common nomination refusal reason that can be fixed on appeal with proper evidence. Fresh LMT following current Department requirements.
From 2026, Skills in Demand replaced the old TSS 482.
The changes affect occupation lists, salary thresholds, and the stream structure. Refusals issued during the transition period sometimes involve application of rules that have changed since lodgement. Appealing at the ART allows current law to be applied, which can help in some transition cases.
How we handle employer sponsored appeals
Dual-sided work. Employer and applicant.
Employer sponsored appeals only succeed if both the employer and the applicant evidence is properly prepared. We handle both sides in-house.
Brian Park & Sourabh Aggarwal
Our employer sponsored specialists handle business sponsorship, nomination, and visa matters across all streams. Brian Park has been a Registered Migration Agent since 2009 and speaks Korean.
Business documentation review
For sponsor and nomination appeals, we review the business financials, trading history, and organisational structure to rebuild the evidence package.
Prateek Maan for complex cases
Prateek Maan handles legally complex employer sponsored cases, including cases with adverse genuineness findings or regulatory issues.
Common employer sponsored refusal questions
The questions we hear most.
For a case-specific assessment, book with Brian Park or Sourabh Aggarwal.
Can we replace the applicant and keep the nomination?
Nomination approval is generally tied to a specific applicant. Replacing the applicant usually means a fresh nomination. We assess alternative strategies in the consultation.
Our sponsor approval was cancelled. Can we still proceed with pending nominations?
Sponsor cancellation affects all pending and future nominations. Cancellation should be appealed urgently. Meanwhile, existing visa holders are usually allowed to continue working for the remainder of their visa period.
Can we appeal a refusal that is more than 21 days old?
Usually not. The 21-day deadline is strict. In very limited circumstances, extension of time applications are possible, but these require exceptional reasons. Contact us the same day you receive a refusal.
What if the job role has changed since nomination?
Significant changes to the role, salary, or location usually require a fresh nomination. Minor changes within the same occupation are sometimes acceptable. Specialist advice is needed.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.