Received a SC482/186 Nomination Refusal: What Happens to My Visa Application?
Receiving a refusal for your Skills in Demand Visa (SID) (Subclass 482) or Employer Nomination Scheme (ENS) Visa (Subclass 186) nomination can be disheartening and leave many applicants worried about their future visa application.
The SC482 and SC186 visas are part of the employer sponsorship. For these visa applications to move forward successfully, there are several stages must be approved:
The sponsoring employer must be an approved eligible sponsor for the SC482 visa.
The sponsoring employer must nominate the applicant for a specific skilled position.
The applicant must meet the requirements for the visa itself, such as skills, qualifications, and health and character criteria.
If the nomination part of this process is refused, it directly impacts the visa application. Although the visa application may not be refused straight away, it cannot be granted without a corresponding approved nomination.
What are the Reasons for SC482/186 Nomination Refusal?
Several reasons might lead to a nomination refusal, including:
The sponsoring employer may have adverse information.
The position requirement may not align with the applicant’s qualifications or experience.
Evidence of adequate labour marketing testing (LMT) might be insufficient or lacking.
The salary threshold was not met. Note that the Core Skills Income Threshold (CSIT) and Specialist Skills Income Threshold (SSIT) will increase by 1 July 2025.
The Department may determine that the position is not genuinely available or not typical for the business.
When a nomination is refused, the visa application will follow suit on the nomination; a refused nomination usually results in the visa application being refused as well.
What are the Options After a SC482/186 Nomination Refusal?
If you believe the refusal decision was based on incomplete information or incorrect information, you may have the right to lodge an appeal with the Administrative Review Tribunal (ART). This process allows the decision to be re-examined.
Consult with an Accredited Specialist in Immigration Law for tailored advice and to explore alternative pathways. Our Accredited Specialist, Angela De Silva, specialises in complex work sponsorship visa matters and effectively addresses their issues.
Work together with an immigration lawyer and your employer to rectify any compliance issues related to the nomination. This might involve strengthening evidence, engaging in further LMT or training initiatives.
Related:
What If My Employer Withdraws My Nomination After It’s Been Approved?
Maximise Your Chances - Essential Criteria for the Core Skills Stream SC482 Visa
Can I Calculate My Work Experience on a Bridging Visa for SC186 (TRT)?
How Can Agape Henry Crux Help
While a nomination refusal for an SC482/186 visa can feel like a setback, knowing your options and taking proactive steps can open up alternative pathways. Consult with Angela or Jason Ling, two of our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters like this. You can schedule an appointment with one of our lawyers or agents by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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