You are currently viewing Employer Nomination Refused or Withdrawn? Know Your Options

Employer Nomination Refused or Withdrawn? Know Your Options

  • Post author:
  • Reading time:4 mins read

Has your employer nomination been refused or withdrawn? – Know your options

When you apply for an employer sponsored visa, such as the Subclass 482 (Skills in Demand), Subclass 186 (Employer Nomination Scheme), or Subclass 494 (Skilled Employer Sponsored Regional), your application relies heavily on your sponsoring employer. 

But what happens if your employer’s sponsorship or your nomination is withdrawn or refused before your visa is approved? It’s an unsettling situation, but it’s not the end of the road if you act quickly and know your options. 

Why does Sponsorship and Nomination approval matter? 

For your visa to be granted: 

    • Subclass 482 (Skills in Demand) and Subclass 494 (Skilled Employer Sponsored Regional) visas require your employer to be an approved sponsor and for your nomination to be approved. 

    • Subclass 186 visas don’t require a separate sponsorship approval, but the nomination still must be approved before your visa can be granted. 

If the nomination is withdrawn or refused, the linked visa application cannot be approved. You cannot attach a new nomination to an existing visa application; you’ll need to withdraw your visa application and reapply with a new nomination and visa application. 

How does the Department of Home Affairs notify the applicant?

The Department of Home Affairs will typically notify you (and your migration agent, if applicable) via email. Check your email and spam/junk folders to ensure you don’t miss important communications from the Department. You can mark noreply.employer.sponsored@homeaffairs.gov.au in your safe sender’s list, as you will generally receive an email from this email address. 

Tip: Don’t rely solely on emails or letters. Check your ImmiAccount regularly so you can respond to updates immediately, as a copy of the correspondence can be found in your ImmiAccount as well.

What are your options?

Depending on your visa type and stage of application: 

    • If the nomination application has been withdrawn by your employer due to the position no longer being available, you will generally need to withdraw your visa application and lodge a new nomination and visa application with a new eligible sponsor. 

    • If the nomination is refused, your visa will also be refused unless you withdraw it first. You can withdraw your visa application online through ImmiAccount using Form 1446. 

    • If you do not do anything, then your visa application will be refused. You may have review rights after a refusal. 

Bridging Visa  

If you are in Australia on a Bridging Visa linked to your employer-sponsored application: 

    • The bridging visa is tied to your visa application, not to the nomination or sponsorship application. 

    • If you withdraw your visa application, your Bridging Visa usually ends 35 days later, after you receive correspondence from the Department of Home Affairs that the application has been withdrawn. 

    • You must lodge another visa application or make plans to depart within this period to remain lawful. 

Review (Appeal) Rights 

    • There’s no right to appeal a sponsor’s withdrawal of a nomination. 

    • However, if the Department refuses the nomination or your visa application, you may be able to apply for a merits review, but the deadlines are strict. 

What if you already hold a 482 visa and your employment ends?

Since 1 July 2024, if your employment ends, you generally have: 

    • Up to 180 days at a time to find a new sponsor, apply for another visa, or leave Australia, and 

    • A maximum of 365 days total without an approved sponsor during your visa period. 

Key Takeaways:

    • Act quickly; timeframes are tight. 

    • Check ImmiAccount regularly for updates. 

    • Seek professional migration advice to understand your options and protect your lawful status. 

    • Always ensure your sponsoring employer understands their obligations before you lodge a visa application. 

💡 Better Life Migration Tip: Losing your job before your visa is approved or having a nomination refused is stressful, but with the right advice and swift action, you can still secure your future in Australia. If you’re facing this situation, contact our team immediately for tailored guidance. 

Book a consultation with us, and will review your case and help you take the next steps with confidence. 

📞 Call us on 0415 419 414
🌐 Visit www.betterlifemigration.com.au

MARN 0530747

Leave a Reply