Employer Sponsored Visa Refusal Appeal
An employer sponsored visa refusal is frustrating when the job offer is still genuine. An employer sponsored appeal can reverse it. We handle every visa refusal appeal with evidence the Tribunal wants to see.
Common reasons for refusal
Employer sponsored refusals usually come down to a handful of recurring problems. Knowing which one applies to you shapes the whole appeal.
- The nominated occupation was not on the relevant skilled occupation list, or the wrong ANZSCO code was used for the role.
- The Department was not satisfied the position was genuine, or that the business needed a full-time worker in that role.
- The salary or employment conditions did not meet the required income threshold or the annual market salary rate.
- The worker did not meet the skills, qualifications, work experience or English requirements for the occupation.
- The sponsoring business did not meet its own approval or obligation requirements.
- Health, character or document issues, including gaps or inconsistencies in the evidence.
The rules for these visas sit in the Migration Act 1958 and the Migration Regulations 1994, and the settings changed when the Skills in Demand visa replaced the older Temporary Skill Shortage visa in December 2024. Older refusals and newer ones can turn on different criteria, so the first job is to read the decision record and pin down the exact reason.
Eligibility for appeal
Not every employer sponsored decision can be reviewed, and the person who lodges depends on what was refused. For a nomination refusal, the sponsoring business usually lodges the review. For a visa refusal where the applicant was in Australia, the applicant usually lodges. Where the applicant was offshore, the sponsor or an approved appointer in Australia may need to apply. Your refusal letter should state whether review is available and who can seek it. If it is unclear, get it checked quickly, because the clock starts from the decision date.
ART appeal process
The path is the same shape as any migration review, with employer sponsored evidence at its centre.
- Confirm the deadline on the refusal letter and diarise it as fixed.
- Check that the decision is reviewable and identify who lodges the application.
- Lodge with the ART online and pay the fee, or apply for a reduction on hardship grounds.
- Build the evidence: the nomination file, the employment contract, position descriptions, financials and any market salary evidence.
- Prepare written submissions that answer each finding in the decision record.
- Attend the hearing and be ready to explain the role, the business need and how the criteria are met.
Required documents
- The refusal notification and the full decision record.
- The nomination and visa application, including the position description and employment contract.
- Evidence of the market salary rate and that the offer meets or exceeds the income threshold.
- Proof the business is genuine and operating, such as financial statements and organisational structure.
- The worker’s qualifications, skills assessment, work references and English test results.
- Written submissions addressing every reason the Department gave.
Talk to Bullseye Consultant
If your employer sponsored visa or nomination has been refused, do not let the deadline decide for you. Speak with Bullseye Consultant.
Processing time
Timeframes for employer sponsored reviews vary with the Tribunal’s caseload and the complexity of the matter. Some are resolved in several months, others take well over a year. Lodging a complete, well-evidenced application from the start is the single best way to avoid extra delay, because it reduces the back-and-forth before a hearing is set.
Success factors
The reviews that succeed tend to share a few features. The refusal reason is met head-on with fresh, specific evidence rather than a repeat of the original application. The genuineness of the role is shown with real business detail, not just assertions. And the salary and conditions are documented against current market data. Where the refusal came from a fixable gap, for example a missing document or an outdated market salary figure, a well-prepared review can turn it around. Where the underlying eligibility is not met, an honest agent will tell you before you spend money.
Frequently Asked Questions about Employer Sponsored Visa Refusal Appeal
Who lodges the appeal, me or my employer?
It depends on what was refused. A nomination refusal is usually reviewed by the sponsoring business. A visa refusal is usually reviewed by the visa applicant if they were in Australia, or by the sponsor or appointer if the applicant was offshore. The refusal letter will point you to the right party.
Can I keep working while the appeal is on foot?
If you applied onshore and hold a bridging visa, you may keep working depending on the conditions attached to it. Your work rights come from your bridging visa, not the review itself, so check what your bridging visa allows.
The occupation was the problem. Is an appeal still worth it?
Sometimes. If the issue was the wrong ANZSCO code or an occupation that has since changed status, there may be room to argue it. If the occupation genuinely does not fit the role, that is harder. This is worth a proper assessment before you lodge.
How much will the review cost?
The ART application fee for most general visa reviews is about $3,580 in 2026, with a possible 50 per cent reduction for financial hardship and half refunded if the decision is set aside. Professional fees for preparing the appeal are separate and depend on the complexity of your matter.
What happens if the appeal succeeds?
The Tribunal usually sends the matter back to the Department to keep processing on the basis that the reviewed criteria are met. The Department then finishes the remaining checks, such as health and character, before deciding whether to grant.
Can we fix the nomination and lodge fresh instead?
In some situations re-lodging is a better route than appealing, and in others the deadline makes review the safer option. The right call depends on the refusal reason and your timing. We can compare both before you commit.
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