-
Overcoming a 482 visa refusal due to short employment period
My question is: How can I convince the Department of Home Affairs to approve my application for a Subclass 482 (Temporary Skill Shortage) Medium-Term Visa?
Earlier in 2024, my application for a 482 Visa was refused. The reason provided was that the proposed period of employment—only three months—was considered too short to justify granting this visa.
I would also like to clarify: Who is responsible for determining the appropriate visa subclass for the application -the sponsoring employer, the registered migration agent, or the applicant?
-
6 Replies
-
Welcome Isaac and sorry to hear about your visa refusal, I can appreciate that must be very disappointing 😠
Let’s break it down into two parts:
1. Overcoming the 482 Visa Refusal (Short Employment Period)
The Department of Home Affairs assesses the genuineness of the position when processing a Subclass 482 visa application.A proposed employment period of just three months can raise a red flag, it may suggest the position isn’t ongoing or genuine.
To strengthen a future application (if you are going to resubmit your application under the same job offer).
-
Ensure the employment contract clearly outlines ongoing, full-time employment (ideally two to four years for Medium-Term stream).
-
Include a statement from the employer explaining the genuine need for the role, and why a longer period is now being offered.
-
Provide business documentation (like organisational charts, financial reports, and evidence of contracts) to support the ongoing need for your skills at the company offering you the role.
-
If the sponsor had previously only planned to offer a short-term engagement, ensure that this has changed for legitimate business reasons, and document those reasons.
2. Who Determines the Appropriate Visa Subclass?
Legally, the applicant is responsible for applying for the correct visa subclass. However, in practice:-
The sponsoring employer usually initiates the nomination and should determine the correct stream and duration based on their business needs.
-
If a registered migration agent is used, they should ensure that all parties are aligned and the correct subclass and stream are chosen based on the employer’s nomination and the applicant’s circumstances.
To avoid missteps, it’s crucial that all parties communicate clearly and that you, or the migration agent (if utilised) carefully reviews all nomination details before lodging the visa application.
It’s a tough situation though I hope this helps.
Warm regards,
Mark-
Hi Mark,
Thank you for the warm welcome and for taking the time to provide such a clear and thoughtful response.
I really appreciate your insights into the visa refusal—while it was indeed disappointing, your breakdown of the key issues and suggestions for strengthening a future application are incredibly helpful.
I also take your point about the importance of aligning all parties on the correct visa subclass and stream. Clear communication and a thorough review will definitely be priorities moving forward.
Thanks again for your guidance—it means a lot.
Warm regards,
Isaac Kivovia
-
-
You are very welcome Isaac – Please feel free to reach out to let me know if you have any further questions.
Do you think there might be an opportunity to recover these role you were offered sponsorship under?
All the best
Mark
-
Hi Mark,
Thank you again – I really appreciate your support.
Warm regards,
Isaac
-
This reply was modified 1 day, 18 hours ago by Isaac. Reason: Ero
-
This reply was modified 1 day, 18 hours ago by
-
Hi mark
I’am Mouhamed form Algeria
I hope I haven’t taken too much of your time
-
Hey Mouh and welcome. If your post/question isn’t about a 482 visa denial, may I ask you to start a new topic please and I’ll be happy to help? 🙂
Link to start a new topic here: https://ozvisaforum.com/post-new-topic/
Thanks mate
Mark
ozvisaforum.com
Post New Forum Topic - Oz Visa Forum
Use the form below to post a new question or topic in our forums. If you are not sure which forum to select from the dropdown, please see this post for a
-
-
Log in to reply.