A refused employer sponsored visa hits two people at once — the worker who planned their future around the job, and the business that needs them in the role. Whether it's a Subclass 482 Skills in Demand visa, a Subclass 186 Employer Nomination Scheme visa, or a Subclass 494 regional visa, the first thing to understand is that an employer sponsored visa refusal appeal in Australia starts with one question most people skip: what exactly was refused?
Employer sponsored visas are made up of separate decisions. The employer lodges a nomination for the position. The worker lodges a visa application. Either one can be refused on its own — and the answer decides who can appeal, what evidence matters, and what happens next.
An employer sponsored visa refusal means the Department of Home Affairs was not satisfied that a Subclass 482, 186 or 494 application met one or more requirements. In many cases there is also a separate decision on the employer's nomination. A 482 nomination refused decision and a visa refusal are two different outcomes with different review rights, so work out exactly which one you have received before taking any next step.
Read every decision notice in full, including any separate nomination or sponsorship decision. If you have a nomination approved but visa refused outcome, the problem sits with the worker's application. If the nomination was refused, the visa usually falls with it. Check the reasons, who can apply for ART review, and the deadline for each decision. Keep copies of the nomination, employment records and visa application together.
Separate the employer nomination refused decision from the 482 visa refused decision. Nomination refusals usually involve the genuine position, salary or labour market testing, while visa refusals usually involve the worker's skills, experience or English.
The sponsored worker and the employer may hold different review rights. For a 186 nomination refused decision, the employer usually applies. For an onshore employer sponsored visa refusal appeal, it is usually the visa applicant. Check the notice to confirm who can lodge.
Record the notification date and deadline for every refusal. An onshore 482 visa refusal typically has a 21 calendar day ART appeal deadline, but a nomination decision may have a different timeframe. Never assume two decisions share the same review period.
An employer sponsored visa refusal is often two decisions, not one. The employer's nomination and the worker's visa can each be refused separately, and each may have a different person entitled to lodge an ART review. Check every notice and confirm who needs to act.
Most 482 visa refused and 186 visa refusal decisions fall on one side or the other: the employer's nomination or the worker's application. Knowing which side your refusal sits on tells you who needs to gather the evidence and who can appeal.
This is the most common reason for an employer nomination refused decision. The Department must believe the role is a real, ongoing need in the business, not a job created to bring a particular person to Australia. A real business can still face a genuine position refusal if the need wasn't clearly shown through duties, structure and workload.
Many nominations need the role advertised in Australia first, with rules on where, how long and what the ad says. An ad that ran a few days short or missed required details can lead to a 482 nomination refused outcome, even when everything else in the employer sponsored visa application was in order.
The nominated salary must meet the income threshold in force and match what an Australian worker in the same role earns. Many 482 nomination refusals on this ground are technical: a contract figure slightly off, or a market salary rate that wasn't properly evidenced.
The Department may question whether the business can afford to employ the worker or has met its past sponsor obligations. Weak financials or compliance concerns can sink a 186 nomination refused decision even when the role itself is genuine.
Most occupations need relevant work experience. Missing payslips, vague references or duties that don't match the nominated occupation are common reasons a 482 visa refused decision is made. This is one of the top 186 visa refusal reasons too.
Some occupations need a positive skills assessment. A missing, expired or mismatched assessment, or a qualification not recognised as equivalent, can lead to an employer sponsored visa refusal even when the nomination was approved.
If the test score didn't meet the requirement at the time of decision, the visa can be refused. This is one of the more fixable 482 visa refusal reasons, because a new result can be relied on at ART review.
Health and character requirements apply to the worker and any family included. A refusal under PIC 4020, where documents or information were found false or misleading, is more serious and can affect future applications. Get advice before any employer sponsored visa refusal appeal on these grounds.
In many cases, yes. Both an employer sponsored visa refusal and an employer nomination refused decision can be reviewed by the Administrative Review Tribunal, but each has its own rules. For a nomination refusal, it is usually the employer who applies. For an onshore 482 visa refused or 186 visa refusal decision, it is usually the worker. Check every notice to confirm who can lodge and by when.
The ART looks at the whole case again, including new evidence. A strong 482 or 186 refusal appeal answers each finding in the decision with clear, role-specific evidence from the employer, the worker, or both.
A nomination review and a visa review may need separate applications, applicants and deadlines.
If the ART upholds the employer sponsored visa refusal, a court may be able to check whether a legal error was made. It will not reassess the nomination or visa on its merits.
Time limits are strict. Get advice quickly if your ART review is unsuccessful.
A 482 nomination refused decision is about the business and the role: the genuine position, the salary and labour market testing. A visa refusal is about the worker: their skills, experience, English, health and character. If the nomination is refused, the linked visa usually falls with it. If the outcome is nomination approved but visa refused, the problem sits with the worker's application. Each decision can have a different applicant, deadline and evidence focus.
The ART can take a fresh look at 482, 186 and 494 refusals, consider new evidence, and reach a different decision to the Department. It can only review decisions within its jurisdiction, lodged on time by the right person. Your notice tells you whether your employer sponsored visa refusal appeal can go to the Tribunal.
Collect every notice — the visa refusal, the nomination decision, and any sponsorship decision. Work out whether you're dealing with a 482 nomination refused decision, a visa refusal, or both. Not sure? Speak to an E2VS registered migration agent and we'll read the notices with you.
Check each notice for review rights and the exact last day to lodge. An onshore 482 visa refusal typically has a 21 calendar day deadline, but a nomination decision may run on a different timeframe. Record each one separately.
Lodge each eligible review through the ART portal before its deadline and keep proof of lodgement. One application does not cover two refusals. E2VS can prepare and lodge your employer sponsored visa refusal appeal so nothing is missed.
Confirm the current ART fee and any hardship reduction before lodging. If the worker is onshore, check their bridging visa conditions before they work or travel — rights are not automatic.
Separate employer issues from worker issues. Use business records, position descriptions and salary evidence for a genuine position refusal, and references, payslips and skills assessments for a 186 visa refusal. Contact E2VS to map every document to the Department's findings.
Winning an ART review doesn't always mean the visa is granted straight away. The Tribunal usually sends the matter back to the Department, which then checks any remaining requirements for the 482 or 186 visa. The employer and worker should respond to any new requests quickly and keep documents current.
If the ART upholds the employer sponsored visa refusal, the merits review is over. Judicial review may be possible where there is an arguable legal error, but a court won't make a fresh decision on the nomination or visa. The worker and employer should get advice quickly about any remaining options and time limits.
An employer sponsored visa refusal appeal can involve the employer, the worker, or both — and sometimes two separate decisions. E2VS works with sponsored workers and businesses to identify exactly what was refused, confirm who can appeal, and build evidence around each 482, 186 or 494 refusal reason.
Understand the refusal reasons, review rights, and applicable timeframe.
Plan evidence and submissions around the findings in your decision record.
Get support preparing a clear, organised response for the relevant review process.
MARA-registered migration agents accountable under the applicable Code of Conduct.
Your deadline is already running. Speak to an E2VS migration agent today
Avoidable mistakes can weaken a review. Take care to check the requirements and address the actual findings.
If the nomination was refused, an appeal focused only on the worker's skills won't fix it. Confirm whether it's a 482 nomination refused or visa refused decision first.
The employer and worker don't hold the same review rights. A nomination appeal is usually lodged by the employer, a visa appeal by the worker.
If you received a genuine position refusal, the same duties and organisation chart won't change the outcome. Show the business need more clearly.
Where salary or market rate was the issue, provide clear records showing the role meets the threshold and matches what Australian workers are paid.
A one-line letter won't prove experience in a 186 visa refusal appeal. References need duties, dates, hours and a contact who can verify them.
If both the nomination and visa were refused, the deadlines may differ. Track each one and lodge both reviews on time.
Send us your decision notice and we can help explain the review rights, deadline, and evidence relevant to your situation. Review rights and deadlines depend on the exact decision.