What is the common reasons for subclass 457 Visa refusal?
Things to consider preparing the Temporary Skilled Working (subclass 457) visa in order to avoid subclass 457 visa refusal.
The below bullet points will go over the most common red flags, which will then prompt a further investigation by Immigration, causing a greater chance of a subclass 457 visa refusal.
Consider the Chosen Nominated 457 Occupation List
There are certain nominated occupations that will attract more attention from Immigration. These occupations will require more supporting evidence then other occupations. These occupations would include:
Cafe and Restaurant Manager
- The Department of Immigration has a policy regarding the duties of Cafe and Restaurant Managers. That they should include the following duties: the planning of menus with chefs, as well as the planning of events or functions.
- Immigration will also want proof that the business is functioning as a cafe or a restaurant and not as a takeaway food outlet.
Accountants and Marketing Specialists
- We have seen Immigration specially target occupations such as, Accountants and Marketing Specialists. They review this occupation based on the fact that this should be very senior-executive level position.
- If your position you have applied for involves lower level duties that are not included on the 457 occupation list, Immigration may be more inclined to deny the visa application.
Program or Project Administrators, Specialist Managers NEC
- These occupations were frequently an option for positions that did not clearly fit into an occupation listed on the CSOL. This has caused Immigration to now require a formal skills assessment, which a lot of applications would not be able to get through.
Customer Service Manager
- This is another nominated occupation which has been continuously used. It is only really appropriate where the sponsored person is responsible for managing a team of customer service staff members, which would include: hiring, training, setting policies and procedures and other high level tasks.
- If this applicant for the subclass 457 working visa is actually actively serving customers, they are very unlikely to be a good fit for this occupation.
Self Sponsorship refusal for 457 Visa
According to the recent changes made to immigration policy, it will be much more difficult to sponsor yourself for a Temporary Skilled Working (subclass 457) visa if you are a business owner or company officer. This covers the below situations:
- the visa applicant is a director or owner of the sponsoring business or company
- the visa applicant is a relative or personal associate of an officer of the sponsoring business
In the cases mentioned above, Immigration may suspect that the nominated position is being created purely for the purpose of securing entry for the owner or family member and will seek further evidence from you to prove the position is genuine.
Business owners may want to consider some other options, such as General Skilled Migration, Business Migration, or ENS/RSMS.
Salary threshold refusal for 457 visa
Temporary Skilled Migration Income Threshold (TSMIT)
- 457 applicants must be paid a yearly base salary that is the minimum of the relevant TSMIT – this is currently set at $53,900 – Immigration will look critically on your visa application if your base salary offer is exactly $53,900 or somewhere very close to it. Unless you can provide proof without much doubt, that the market rate for a similar position and the location is exactly $53,900, Immigration will be suspect, as to whether the position offered is genuine or not.
Are you offering a high salary to avoid meeting the English Language requirement?
- If you offer your applicant a base salary above the English language exemption threshold, this is currently set at $96,400, you may be investigated further.
- Immigration may suspect that the salary offered is enlarged simply to avoid meeting the English language requirement so that the applicant can secure a 457 visa.
- You will need to prove that the position is at an executive level commensurate with the salary you have offered the applicant. If the evidence suggests the market rate for a similar position and location is sufficiently lower, further investigations will be conducted by Immigration to ensure the position is genuine.
- The applicant will also need to have the skill level to match the salary offered.
What is the Location and Nationality of the 457 Applicant?
- Applicants with certain overseas passport countries may be investigated, especially if they have no prior connection to the business or company that is sponsoring them.
- In this scenario, it will be likely that questions are raised about how the applicant was identified as being suitable to the position and why they specifically would be the best person for the role. It may raise red flags for Immigration that the 457 applicant may have paid for the position to be offered, or that they are a relative of the sponsor.
- It also has become a pattern, which certain nationalities are receiving extra attention from Immigration, maybe this is because these practices are perceived to be more common from them.
What do we recommend to avoid subclass 457 visa refusal?
- While none of the above scenarios may necessarily result in your application being picked through with a fine-tooth comb or denied, it is important you know why the provision of additional documentation may be recommended to satisfy Immigration that your nominated position is completely genuine.
To find further information on your options and eligibility for a Temporary Work Skilled (subclass 457) visa or avoid a subclass 457 visa refusal to Australia please contact our office on (+61) 8 9477-5831 or email: [email protected]