Are You Experiencing Temporary Work Skilled 457 Visa Nomination Refusal?
There are many reasons for a Work Skilled 457 Visa Nomination refusal for this to happen.
Let’s go over what the most common reasons are for your Temporary Work Skilled 457 Visa Nomination refusal.
This visa is quite a complex application and as such, can be refused during any of the three stages; I will go over the nomination stage below.
The Department of Immigration and Border Protection (DIBP) have a very strict requirements when it comes to 457 Visa Nomination and they will not hesitate to do a Work Skilled 457 Visa Nomination refusal or reject any component of the 457 application process, if they are not satisfied with your application.
Going Through the Work Skilled 457 Visa Nomination Refusal
Stage 2: Nomination
What is the visa 457 nomination stage?
Nomination is the process of identifying a position that would need to be filled by a skilled worker from overseas for an approved company. Nomination is also required for both standard business sponsors and the parties involved in a labour agreement.
The 457 nomination process indicates:
- the occupation is closely connected to the position that needs to be filled
- the required skills and experience needed for the position
- the market salary rate for the proposed position and the salary intended to be paid to the possible overseas employee
- name of the possible overseas employee
- location the employee will be working in the position stated
Below is an example of a company that was refused based on the salary offered compared to the market salary rate.
A large clothing store with more than 21 staff that is located in a regional area, is attempting to sponsor a Marketing Specialist, to assist them with their advertising.
Immigration has refused the application based on the fact that the salary offered to the overseas employee is too low, at $54,000.
However, the market salary rates show between $50,000-$60,000 and Temporary Skilled Migration Income Threshold is $53,000. And yet Immigration is still saying that $54,000 is too low and has refused the application without giving the sponsor a chance to increase the salary, as the company felt they had a good enough figure offered.
The sponsor would be more than willing to increase the salary to whatever Immigration wanted it to be, as the company needs the employee quite badly.
Genuine Position Criteria for subclass 457 Visa Nomination Refusal
Now let’s take a look at the genuine criteria for the nominated position offered to the applicant. Immigration has for a while now, deemed that certain positions are not necessary for the operation of a business and hence, are not a genuine position.
So in other words, even if the company desperately needs a certain position within the business and the position can be deemed not genuine, depending on the case officer’s opinion.
An example to consider would be, Mr. Smith is a man who gave up his career in his home country, to move and work in Australia. He was sponsored on a 457 visa around 2009.
Mr. Smith is now qualified for permanent residency (PR) to Australia but the company Mr. Smith was sponsored by has been taken over by another company with a different Australian Business Number (ABN).
The application for permanent residency could not be lodged because of this fact. Mr. Smith’s original nominated occupation on his first 457 visa was an Project and Programme Administrator, but now to obtain a new 457 visa for the exact same job at the second company, he will need to undergo a new skills assessment for the position of a Project and Programme Administrator (the position he is and has currently held since 2009).
The issue being that Mr. Smith holds a Bachelor’s degree in Business Management from Indonesia, which is not related to his nominated occupation, making a refusal an almost definite decision on the part of Immigration.
457 Visa Nomination Refusals due to the Procedures Advice Manual (PAM3) conflicting with the ANZSCO code
On a closer inspection of these, there was a discrepancy between the skills assessing authorities requirement (includes qualifications plus your work experience) and the ANZSCO requirement.
ANZSCO states that only your work experience will be required, and you will not necessarily need a qualification, if you meet the experience requirements. The assessing authority however, states differently.
If the 457 program is used properly, it can be a great way to secure extremely skilled staff for your business.
However, the 457 program is under a lot of scrutiny Immigration. One of the main things under review is the “Genuine Position” requirement. Failing to understand the requirements for Genuine Position can result in delays and a denial of your 457 nominations and visa applications.
Is there any way to minimize the risk of 457 Visa refusal?
The best way you can do is to communicate with expert who understand and able to navigate through the intricacies of 457 visa application and 457 visa nomination refusal itself.
Australian immigration authority suggesting Australian visa applicant to seeking help from a registered migration agent before going through with their Australian 457 visa application.
ONE derland Consulting, a migration agency lead by registered migration agent Mrs. Indah Melindasari has extensive experience dealing with different type of visas and complex visa refusal cases.
By participating in appointment session with Mrs. Indah, you would gain a professional insight and well tailored migration plan specifically crafted to suit your circumstances with minimal risk of 457 visa nomination refusal.
To find further information on your options and eligibility for a Temporary Work Skilled (subclass 457) visa or to avoid a 457 visa nomination refusal, please contact our office on (+61) 089477-5831 or email: [email protected]