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Sponsorship & Nomination Refusals

Overview

✦Sponsorship and Nomination Refusals

An employer-sponsored visa involves a structured process rather than a single decision.

Typically, three separate approvals are required: sponsorship approval, nomination approval, and visa grant. A refusal at any stage can prevent the application from proceeding.

Understanding which stage has been refused — and the reasons for refusal — is essential in determining the appropriate next steps.

The Three Gates

Gate 1 — Standard Business Sponsorship

Focus: the business itself — lawful and active operation, financial standing, and compliance history with migration and workplace laws. Remedy: sponsorship refusals are generally reviewable at the Administrative Review Tribunal (ART), within strict deadlines.

Gate 2 — The nomination

Focus: the position — whether it is genuine, properly classified, supported by compliant labour market testing, and paid at or above the required thresholds. Remedy: nomination refusals can generally be reviewed at the ART, provided the sponsorship remains on foot or under review.

Gate 3 — The visa application

Focus: the individual — skills assessment where required, English, and health and character. Remedy: review rights depend on the circumstances, including whether the applicant was onshore when the application was lodged.

Why Nominations Get Refused

Nominations are subject to rigorous checks by the Department:

1. Salary thresholds

Nominations lodged on or after 1 July 2026 must meet the indexed thresholds: the Core Skills Income Threshold of $79,499 or the Specialist Skills Income Threshold of $146,717 (excluding superannuation), as applicable.

2. Flawed labour market testing

Advertising that runs for less than the required period (generally 28 days), uses non-compliant platforms, or falls outside the required window before nomination will sink an otherwise sound nomination.

3. Annual Market Salary Rate

Meeting the threshold is only half the test: the salary must also match what an equivalent Australian worker would earn in the same role and location.

4. The genuine position test

The Department scrutinises whether the role genuinely exists within the organisation’s structure and need — rather than having been created or inflated to achieve a migration outcome.

Training Visa (Subclass 407) Sequencing

For occupational trainees, the process is now strictly sequential: the sponsorship and the training nomination must be approved before the visa application is lodged. Lodging out of sequence puts the application at risk.

Fix the Underlying Problem, Not Just the Refusal

Re-lodging the same material, or appealing without addressing the defect that caused the refusal — an invalid advertisement, weak salary benchmarking, an unconvincing position description — usually leads to the same result. We identify exactly why the refusal happened, repair the evidence, and represent the business and the worker through the ART where review is the right path.

Frequently Asked Questions

What is the difference between sponsorship and nomination?

Sponsorship approval relates to the employer's eligibility to sponsor overseas workers, while nomination approval relates to the specific position being offered to a worker.

Why was my sponsorship or nomination refused?

Reasons vary depending on the circumstances. Common issues may involve sponsorship requirements, business eligibility, labour market requirements, or the nominated position.

Can a sponsorship or nomination refusal be reviewed?

Some sponsorship and nomination decisions may be eligible for review. Review rights depend on the type of decision and the applicable legislative provisions.

Can a new application be lodged after a refusal?

In some circumstances, a new sponsorship, nomination, or visa application may be possible. The most appropriate option depends on the reasons for refusal and the facts of the case.

Why Choose Yantra Legal?

Yantra Legal is a boutique Australian law practice focused on providing clear, practical, and compassionate legal support in migration and family law matters. We understand that legal issues are often closely tied to important life decisions, relationships, and future plans. Our approach is grounded in clarity, strategy, and genuine care for each client's situation.

Australian legal expertise

We provide advice grounded in Australian law, practice, and procedure.

Personal migration understanding

Our approach is informed by both professional experience and a lived understanding of migration journeys.

Practical and strategic advice

We focus on realistic pathways and clear next steps rather than unnecessary complexity.

Clear and honest communication

We explain legal processes in a straightforward way so you always understand where you stand.

Compassionate and client-focused approach

We recognise that every matter is personal and treat each case with care, respect, and attention to detail.

Yantra Legal is a boutique Australian law practice providing practical and compassionate legal support in migration and family law matters. We combine legal expertise with a clear, honest, and client-focused approach to help you make informed decisions at every stage.

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Address Your Sponsorship Refusal Effectively

Sponsorship and nomination refusals can affect both employers and applicants. We help you understand your options and next steps.

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⚠️ Why Seek Advice Early?

Time limits apply to most appeals, review applications, and judicial review matters. In many cases, strict deadlines begin from the date of the decision. Seeking legal advice early can significantly improve your understanding of available options and help ensure that important rights are not missed.

Strict time limits apply to most appeals and review processes. Early advice can help protect your legal options and improve your chances of a positive outcome.