What to Do When Your Employer Nomination Is Refused

Your nomination was refused. Here's what happens next.

A nomination refusal can feel like a setback. But employers nominate candidates every day—and many face refusals first time. The good news: you have options.

Before you panic, you need to understand three things:

1. Why was it refused?
2. Do you have a bridging visa now?
3. What are your next steps?

Let's walk through each.

Step 1: Understand the refusal reason

Check your decision letter carefully. The Home Affairs letter explains why the nomination failed.

Common refusal reasons include:

- Employer sponsorship issues. Home Affairs doubts the employer's financial capacity, authority, or immigration compliance history.
- Applicant ineligibility. You didn't meet the role requirements, skill level, or work experience claims.
- Labour market concerns. Home Affairs found a suitable Australian worker or doubted your skills match the role.
- Documentation gaps. The nomination lacked evidence, or evidence didn't support the claims.
- Character or health concerns. Less common, but possible.

Your decision letter specifies which. Read it twice. If it's unclear, your employer can request clarification from Home Affairs.

Step 2: Check your visa status now

Ask your employer immediately: Do you hold a bridging visa?

If your employer's 482 or 186 nomination was refused while you were waiting on a bridging visa, Home Affairs usually issues a bridging visa A (BVA) while your appeal option is live. This keeps you in Australia legally.

A BVA typically:

- Allows you to stay in Australia.
- Grants work rights (you can continue working).
- Restricts travel outside Australia.
- Ceases when your appeal period ends or a decision is made.

If you don't hold a BVA, your visa status is at risk. Seek urgent advice.

Read more about bridging visas.

Step 3: Decide on an appeal or a new path

You have roughly 28 days from the decision letter to choose your path.

### Option A: Appeal to the Administrative Appeals Tribunal (AAT)

The AAT is an independent body. It reviews whether Home Affairs made a lawful decision—not whether the decision was kind or generous.

When to appeal:

- The refusal reason seems unfair or factually wrong.
- New evidence now supports your nomination.
- The employer can fix issues quickly (e.g., provide missing payslips).

Appeal process:

1. Your employer lodges an AAT application (not you, the applicant).
2. You lodge supporting documents.
3. AAT reviews the case (3–6 months).
4. AAT grants or dismisses the appeal.

AAT success rates vary. For recent year data, check aat.gov.au. Appeals based on new evidence perform better than those challenging factual assessments.

Cost: AAT application fees apply. Your employer pays.

Risk: If the AAT dismisses, your options narrow. Reapplication becomes harder.

Read how to appeal a visa refusal.

### Option B: Lodge a new nomination (same employer)

If the refusal reason is fixable, your employer can renominate you immediately.

Example: Refusal due to missing payroll records. Employer now provides 12 months of payroll records with the new nomination.

This works if:

- The employer acknowledges the gap.
- New documentation actually resolves the issue.
- Home Affairs' original concern was procedural, not substantive.

This doesn't work if:

- Home Affairs doubted your actual skills or experience.
- Home Affairs questioned the employer's financial viability.
- The same gap reappears.

A reapplication with identical facts will likely be refused again.

### Option C: Apply for 482/186 with a different employer

If your current employer can't (or won't) fix the nomination, a new employer can sponsor you in a new nomination.

Pros:

- Fresh start with a new employer.
- No appeal deadline pressure.
- New employer may have stronger financial standing.

Cons:

- Takes time (6–12 weeks typical processing).
- New employer must meet all visa sponsor requirements.
- You must genuinely want to work for the new employer.

Learn more about changing employers on TSS/482.

### Option D: Pursue an independent skilled visa

If employer sponsorship isn't working, consider independent skilled visas.

189 Skilled Independent Visa:

- Points-based. Age, English, work experience, qualifications scored.
- No employer needed.
- Highest competition.

190 Skilled Nominated Visa:

- Points-based + state nomination.
- Requires state sponsorship.
- Lower points threshold than 189.

491 Skilled Regional Visa:

- Points-based + regional requirement.
- Must live/work in designated region for 2 years.
- Pathway to permanent residency.

If you're over 45, skilled visas are unlikely. Check age limits for skilled migration.

Common mistakes people make

Mistake 1: Reapplying without fixing the problem.

If Home Affairs said "insufficient evidence of work experience," reapplying with the same resume will fail again. Get new letters, payslips, or references.

Mistake 2: Assuming the appeal will overturn a bad decision.

The AAT reviews *lawfulness*, not fairness. If Home Affairs followed procedure and assessed evidence correctly, the AAT usually upholds the decision.

Mistake 3: Delaying the decision.

You have 28 days to lodge an AAT application. After that, your appeal right closes. Don't wait hoping for a miracle.

Mistake 4: Ignoring your visa status.

If you're not on a BVA and your nomination is refused, your visa is in trouble. Seek advice immediately.

Mistake 5: Not understanding state nomination requirements.

If you want a 190 or 491, check state requirements first. Some occupations are closed to nomination in most states.

When should you talk to a migration agent?

Talk to a MARA-registered agent if:

- You're unsure whether to appeal or reapply.
- The refusal reason is complex or technical.
- Your visa status is uncertain (no BVA, or BVA expiring).
- You want to explore alternative visa pathways.
- You need representation for an AAT appeal.

Agents cost money, but a refusal costs more in time and stress. Early advice often saves money later.

What to do right now

1. Find your decision letter. Read the refusal reason carefully.
2. Check your visa. Do you hold a BVA? When does it expire?
3. Talk to your employer. Can they fix the problem? Will they renominate?
4. Set a reminder for day 25. You have 28 days to lodge an AAT application.
5. Book a free consultation. Chat with a migration agent about your options.

Next steps

A nomination refusal isn't permanent. Employers face refusals regularly—and many succeed on reapplication or appeal. Your path depends on your circumstances and your employer's willingness to fix the issues.

Book a free consultation with a migration agent today. They'll review your decision letter and explain your real options.

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