What If My Employer Withdraws My Nomination After It’s Been Approved?

If you find yourself in a situation where your employer withdraws your nomination for a Training Visa (Subclass 407), Temporary Skill Shortage (TSS) / Skills in Demand (SID) (Subclass 482) visa or an Employer Nomination Scheme (ENS) (Subclass 186) visa after it has been approved, here what you need to know depending on your circumstances.

What Happens When Your Employer Withdraws Your Visa Nomination?

Nomination is a necessary step in the employer-sponsored visa process. This involves an Australian employer nominating a skilled worker for a specific role.
If your employer has successfully nominated you and your visa application is still in process, a withdrawal can significantly impact your visa status.
Employers may withdraw nominations for several reasons, including restructuring, changes in business needs, concerns about the employee’s qualifications, or a change in the relationship between the employer and employee.

How Will the Nomination Withdrawal Affect My Visa?

If your nomination has been withdrawn, your pending SC407/482/186 visa application may result in a visa refusal depending on the Department of Home Affairs (DoHA) processing time. It is encouraged to look for another employer and, at the same time, speak with an immigration lawyer to seek professional guidance.
Alternatively, if you are holding a SC 482 visa and you still wish to work in Australia. You have 180 days from the end of your employment date to look for another employer willing to nominate you with the same nominated occupation role for your SID (SC 482) visa. This would require a new application process.
Depending on your situation, you may have the opportunity to apply for another type of visa. Speak with an immigration lawyer to learn about other visa pathways you may be eligible for.

How Can Agape Henry Crux Help

A withdrawal of your Subclass 407 / 482 / 186 nomination after approval can be a distressing situation. Remember that there may be options available for you. Consult with an immigration lawyer for your next best steps. At Agape Henry Crux, our team works with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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