Securing a skilled worker from overseas is often a necessary step for Australian businesses experiencing genuine skill shortages. In Perth and across Western Australia, employer-sponsored visas are widely used to fill critical roles. However, the Department of Home Affairs applies a highly detailed and evidence-based assessment process that can catch employers off guard. Even where the intention to hire is legitimate, technical errors, inconsistencies, or insufficient documentation can result in refusal. Understanding the most common failure points helps both businesses and applicants prepare stronger, more defensible applications.
1. Failure to Prove a "Genuine Position"
One of the most common subjective grounds for refusal is the Department’s view that the role was created solely to facilitate a visa outcome. Employers must demonstrate that the position genuinely fits within their existing operations, staffing structure, and financial capacity.
● The Mismatch: For example, a small business with modest turnover attempting to sponsor a senior executive or highly specialised role, such as a small café seeking a full-time “Marketing Manager,” can raise concerns.
● Evidence Gaps: Applications often fail due to missing or unclear organisational charts, limited financial evidence, or position descriptions that do not clearly explain how the role contributes to business operations or growth.
2. Flaws in Labour Market Testing (LMT)
Labour Market Testing is a strict compliance requirement with no discretion applied.
● Timing Issues: Advertising for 27 days instead of the mandatory 28 consecutive days is enough to invalidate the nomination.
● Platform Errors: Advertising solely on social media or industry-specific platforms instead of approved national platforms such as Workforce Australia.
● Content Mistakes: Omitting mandatory details like salary range or using a job title that does not exactly match the nomination.
3. Salary and Skilling Fund Compliance
Financial compliance is closely scrutinised by case officers.
● Underpaying the Market Rate: Meeting the TSMIT alone is not sufficient. Employers must also satisfy the Annual Market Salary Rate (AMSR), which may require paying above the threshold.
● SAF Levy Errors: Incorrect calculation or late payment of the Skilling Australians Fund (SAF) levy, based on business turnover, often leads to immediate refusal.
4. Nominee Ineligibility
Even where the business meets all requirements, the application can fail due to nominee issues.
● Skills Assessment and Experience: Missing a required positive skills assessment or failing to demonstrate the minimum two years of relevant full-time experience expected by the best immigration lawyers Perth.
● ANZSCO Mismatch: Past duties not aligning closely with the nominated Australian and New Zealand Standard Classification of Occupations (ANZSCO) occupation.
Given these risks, many employers engage immigration lawyers Perth Australia to audit applications before lodgement. Even minor errors can result in refusal and the loss of significant, non-refundable government fees. If there is any uncertainty, an immigration lawyer can provide an early assessment to identify potential issues before submission.
Write a comment ...