Common Reasons Why 482 Visa Nomination Gets Refused and Tips to Avoid It
Common Reasons Why 482 Visa Nomination Gets Refused and Tips to Avoid It
The Skills in Demand Visa (subclass 482) was previously known as the Temporary Skill Shortage (TSS) visa. It enables Australian businesses to sponsor overseas skilled workers when they are unable to find a suitable local skilled worker. To do this, the business must undergo a process called nomination for the 482 Visa. Just like any other Australian visa, the nomination for the 482 Visa can be refused for various reasons. It’s commonly caused by non-compliance with the requirements. This article covers the most common reasons behind the refusal of the 482 nominations and provides tips to avoid it.
Top 10 Reasons Why 482 Nomination Get Refused
1. Non-compliance with LMT (Labour Market Testing) Requirements
The purpose of LMT (Labour Market Testing) is to prove that the business has tested the local labour market and was unable to find a suitable Australian citizen or permanent resident to fill the position. Failure to meet the LMT requirements, such as inadequate advertising of the position, can result in a refusal of the 482 nomination. If you’re a business looking to test the local labour market, it’s best to get in touch with a Registered Migration Agent.
2. Salary and Employment Conditions Not Met
The business must offer a minimum salary that meets market standards and complies with Australian regulations. From 1 July 2025, the minimum salary set for each stream under the 482 Visa is AUD 141,210 for the Specialist Skills Stream and AUD 76,515 for the Core Skills and Labour Agreement stream. If the salary is lower or the employment conditions don’t meet the standards, the 482 nomination will be refused.
3. Inaccurate or Incomplete Information
The Department of Home Affairs will refuse the 482 nomination application if they find any inaccurate or incomplete information. This includes inconsistencies in the details of the business, the nature of the position, the candidate’s background, and other relevant factors.
4. Occupation Not Eligible
The occupation nominated for the 482 Visa must be listed either on the Core Skills Occupation List or the Skilled Occupation List. If the nomination is for an occupation not listed, it will be refused.
5. Failure to Demonstrate Genuine Need
The business must demonstrate that the position is genuine and should be filled by an overseas skilled worker. Failure to present this to the Department of Home Affairs will result in the refusal of the 482 nomination.
6. Training Levy Non-Payment
Another requirement for the business to meet is paying the Skilling Australians Fund Levy. This is also part of the 482 nomination process. Non-payment or failure to provide evidence of payment can lead to a refusal of the 482 nomination.
7. Business Not Legitimate or Financially Viable
A business planning to nominate an overseas skilled worker must be legally established and operating in Australia. If the Department of Home Affairs identifies any concerns regarding the business’s legitimacy or financial stability, they may refuse the 482 nomination application.
8. Insufficient Evidence of Position
The business must provide sufficient evidence that the position is genuinely needed. Failure to provide sufficient proof will result in a refusal of a 482 visa nomination.
9. Relationship Between the Business and Candidate
Ever thought of sponsoring your friend or relative for your business? Be careful, as the Department may refuse the nomination in circumstances where the employer or business owner is related to the nominee. In some situations, self-sponsorship can be doubtful. If the Department finds that the position has been created solely to facilitate a visa for a friend or relative, the nomination for a 482 visa will be refused.
10. Sponsorship Obligations Not Met
If the business has previously sponsored a skilled worker from overseas but failed to comply with the sponsorship obligations, the new nomination for a 482 visa will be affected and may even result in refusal.
Tips to Avoid 482 Nomination Refusal
482 Nomination refusal means a costly loss: you lost the application charge and the skills that your business needs to grow. So, avoiding this situation is critical and here are some tips based on our experience in successfully handling 482 nomination applications for our clients:
1. Ensure the nominated occupation is listed and use the correct ANZSCO code
Ensure that the nominated occupation is on the relevant list (CSOL, STSOL, MLTSSL, or ROL) and corresponds to the 482 visa stream (Core Skills Stream, Specialist Skills Stream, or Labor Agreement Stream). The ANZSCO code should appropriately reflect the position’s responsibilities. This is a challenging task; therefore, if you are unsure, please seek professional assistance from a reputable and qualified immigration agent. Their expertise can provide the guidance and reassurance you need in this complex process.
2. Provide evidence of the genuine position
The nominated position or occupation must:
- be genuinely needed in the business.
- fits into the scope and scale of the business.
- not set up particularly to sponsor visa applicants.
You can support this with business structure charts, client growth data, financial records, or evidence of expansion.
3. Provide evidence of your participation in Labour Market Testing (LMT)
The majority of the occupations require Labour Market Testing (LMT). This step requires you to:
- Advertise the position for a minimum of 28 days
- Use platforms that have been approved (LinkedIn, Seek, Jobactive)
- Provide details of the advertisements, the replies, and the reasons why locals weren’t hired.
To bolster the proof, think about saving and submitting the dates, screenshots, and the entire ad text (not just summaries).
4. Pay the right salary based on the occupation and visa stream (Above TSMIT)
The salary must match the Temporary Skilled Migration Income Threshold (TSMIT) as of the most recent year. It will rise to AUD 141,210 for the Specialist Skills Stream and AUD 76,515 for the Core Skills and Labour Agreement stream on 1 July 2025, from its current level of AUD 73,150.
Additionally, the salary must be equal to Australian market rates for the nominated occupation. Therefore, ensure that you thoroughly research the nominated occupation.
5. Ensure the sponsoring business is compliant
The business must:
- Be legally operating in Australia
- Have no adverse compliance history with Home Affairs or Fair Work
- Provide financials (BAS, P&L, or tax returns) to prove the ability to pay the nominee
If your business is new, provide strong evidence of viability, such as signed contracts, capital injections, and forecasts.
6. Avoid Over-Qualification or Role Mismatch
If the nominee is overqualified, for example, a PhD graduate for a junior administrative job, Home Affairs may suspect that the role was tailored for the person.
So, ensure the nominee’s skills, experience, and the position requirements are proportionate.
7. Submit a Strong Nomination Submission Letter
Don’t just upload documents, but explain the context clearly. This includes:
- Why the position is critical to the business
- Why you couldn’t find a local worker
- How the nominee will contribute
- How the business is positioned to support the visa holder
8. Work With a Registered Migration Agent
A MARA-registered migration agent like ONEderland Consulting can help:
- Identify the correct occupation
- Prepare strong and compliant documentation
- Handle complex LMT or salary evidence
- Reduce refusal risk dramatically
The 482 visa nomination process is highly scrutinised, and even small mistakes, like mismatched job duties or incomplete labour market testing, can result in refusal.
By working with an experienced and registered migration agency like ONEderland Consulting, you’ll gain:
- Expert guidance on choosing the correct occupation and stream
- Professionally prepared documents that match immigration standards
- Strategic advice tailored to your business and nominee
- Ongoing support to respond to requests or complications quickly
Don’t risk wasting time, money, or your chance to sponsor the right talent. Let our team handle the complex parts so you can focus on growing your business. At the same time, we help secure your nominee’s future in Australia.
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