482 Visa Refused: What to Do in the 21 Days That Follow

First, Read the Refusal Letter Carefully

The refusal notice contains three pieces of information you need immediately: (1) the date you are deemed to have received the decision — usually 7 days after the email was sent for offshore applicants, the date of receipt for onshore; (2) the specific reason your visa was refused — this will reference one or more clauses of Schedule 2 of the Migration Regulations; (3) the review rights that apply to your case, including the exact deadline to lodge a review application. Common 482 refusal reasons: nomination position was not genuinely needed (clause 482.222), the salary did not meet the Annual Market Salary Rate, the skills assessment was inadequate or did not match the nominated occupation, English language requirement not met, or character/health concerns. Identify which reason applies to YOUR letter before deciding what to do — a refusal for inadequate skills assessment has a very different remedy than a refusal for character concerns.

Your ART Deadline: Options and Timeline

From the date of receipt, you generally have about 28 days (onshore applicants) or longer (offshore applicants) to lodge an Administrative Review Tribunal review application — your refusal letter states the exact date. Within that window you have three options: (1) Lodge an ART review — preserves your bridging visa if you were onshore, allows new evidence to be submitted at the hearing, but the review itself can take 12-36 months. Filing fee is currently around $3,374 (refunded if you win); (2) Lodge a fresh 482 application with the same or new employer — viable if the refusal reason can be fixed (better evidence, different occupation, different employer), and faster than ART. But check if you'll have lawful status between visas; (3) Do nothing and depart — only an option if you're offshore or willing to leave. If you're onshore on a bridging visa and you do nothing, your bridging visa will expire after the review window closes and you become unlawful, with re-entry consequences. Most people in serious cases choose ART review because it preserves status. The exception: if the refusal reason is genuinely your fault (e.g., you provided wrong information) and the underlying case isn't strong, a fresh better-prepared application may be cheaper and faster than ART.

Finding a New Sponsor: The 60-Day Rule (If Already on a 482)

This section applies if your 482 has been GRANTED previously and now another situation has put you in difficulty (not a fresh refusal, but worth understanding the distinction). If a 482 visa holder's employment with their sponsor ends — they're laid off, the sponsor's business fails, or they resign — there is a separate 60-day rule. The 482 holder has 60 days from the end of employment to: find a new approved sponsor and have a new nomination lodged, OR lodge a substantive application for a different visa, OR depart Australia. The 60-day rule is mechanical — failing to act within 60 days makes you unlawful. If your 482 was refused (not granted), the 60-day rule does not apply — the ART deadline (about 28 days) applies instead. The two situations are commonly confused. If you're not sure which applies to your case, contact a migration agent before the ART deadline.

What NOT to Do in the 21 Days

Three actions can permanently damage your case: (1) Do not depart Australia before lodging your ART review if you're onshore — leaving Australia after a 482 refusal can affect your bridging visa status and may be treated as withdrawing your review. If you must travel, get advice first; (2) Do not lodge a new 482 application with the same fundamentals as the refused one without addressing the refusal reason. The Department will see the prior refusal and apply heightened scrutiny. If your skills assessment was deemed inadequate, lodging again with the same assessment is unlikely to succeed; (3) Do not assume your employer will handle the review for you. The employer's interest is in finding any worker — not necessarily in YOUR review. Many sponsored workers discover their employer has moved on to a different candidate while they assumed the review was being handled. The review is YOUR application, not the employer's. Engage your own representation.

When to Engage a Migration Agent (And Why)

ART review is technical work. Migration agents who specialise in employer-sponsored visa reviews price between $3,000 and $10,000 for representation, depending on complexity. The case for paying this: most successful 482 reviews involve submitting substantial new evidence (additional letters from employers, fresh skills assessment, new documentation of the genuine need for the role) that the Department had not seen. Preparing and lodging this evidence well requires understanding what the Tribunal is looking for, which differs from what the Department considered. The case against: if the refusal reason is straightforward and the evidence gap is small, a well-prepared self-represented review is possible — particularly if you're confident reading the regulations. For most 482 refusals involving genuine occupation need, salary, or skills assessment issues, professional representation increases your odds of success materially. Migratio is Australia's marketplace for finding and comparing MARA-registered migration agents. Migratio matches applicants with MARA-registered agents who handle 482 reviews. Submit your brief describing the refusal reason, your timeline, and your circumstances — you'll receive proposals from agents who specialise in this exact area.

Can I work while my ART review is pending?

If you were on a 482 visa with work rights and your bridging visa is granted with the same conditions, you can typically continue working for the SAME sponsoring employer while the review is pending. New employment requires a fresh nomination. If your bridging visa has work restrictions (Bridging Visa A with conditions), check before starting any new work.

How long does an ART review of a 482 refusal take?

Currently 12-36 months from lodgement to decision. The Tribunal has been working through a substantial backlog. Your bridging visa typically remains valid throughout this period if you were onshore at the time of refusal.

If I win the ART review, do I get a new 482 visa?

If the Tribunal sets aside the refusal and substitutes a grant decision, your 482 visa is granted — but the validity period typically runs from the original application date, not from the review decision. This means you may have less time on the visa than expected. Discuss this with your agent.

Can I lodge a fresh 482 AND an ART review simultaneously?

Technically yes, but it's usually inefficient. A fresh application is treated independently and may itself take 6+ months to decide. Most agents recommend choosing one path. The choice depends on the refusal reason, your current status, and the strength of the underlying case.

What does a successful 482 review look like?

Successful reviews typically address the specific clause that was failed. If the refusal said the position was not genuinely needed, the review submission includes new evidence of business growth, vacancy duration, recruitment attempts. If salary was the issue, new market salary data and an amended contract. Generic 'please reconsider' submissions almost always fail.