For employers · 482 · Nomination refusals
Why 482 nominations are refused, and how employers avoid it
Most 482 nomination refusals we see could have been prevented before lodging. They come down to a handful of requirements: a genuine position, the right salary, labour market testing, the right occupation and documents that agree with each other. Here is each one, what goes wrong and what to do instead.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed on 11 November 2026 · Check the OMARA register
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Core Skills salary floor
- A$79,423
- Ads required
- 2, for 4 weeks each
- Nomination fee
- A$330, generally not refunded
- Review deadline
- On the decision letter
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About the CPD →The six common reasons, and the fix for each
| Reason | What goes wrong | How to avoid it |
|---|---|---|
| Position not shown to be genuine | Duties copied from ANZSCO, no reason given for the vacancy, or a role that does not fit the business. | Write the description for this business, explain why the role exists now, keep every document consistent. |
| Salary below the threshold or the market rate | Pay under A$79,423 (Core Skills), or under what Australians in the same role and location earn, or no evidence of the market rate. | Set pay at the higher of the threshold and the market rate, and keep the evidence (an Australian comparator, an agreement or published data). |
| Labour market testing missing or defective | Fewer than two ads, ads that ran under 4 weeks, ads placed outside the 4 months before lodging, or ads missing a required detail. | Run two qualifying ads for 4 weeks within the 4-month window, check each against the required content, keep screenshots. |
| Wrong occupation | An occupation not on the Core Skills Occupation List, a caveat that applies, or duties that match a different ANZSCO code. | Choose the occupation from the actual duties, then check the list and its caveats before advertising. |
| Inconsistent documents | Title, hours, salary, location or reporting line differ between the contract, ads, organisation chart and nomination. | Read the whole pack side by side before lodging. |
| Sponsor issues | Sponsorship expired, adverse information, or earlier obligations not met. | Check the sponsorship is current and obligations are up to date before nominating. |
For the Specialist Skills stream the salary must be at least A$146,576, and Home Affairs guidance flags salaries inflated just to reach it. Some roles and workers are exempt from labour market testing: LMT exemptions.
The rule behind each ground, and what the decision maker checks
- Genuine position: Migration Regulations 1994, reg 2.72(10)(a). The decision maker compares the duties with ANZSCO and with what the business actually does, and asks how the role came about.
- Income threshold and market rate: reg 2.72 and the instrument IMMI 18/033 (thresholds, and the method for the annual market salary rate in ss 7 and 8). The decision maker looks for an Australian worker doing equivalent work at the same site first; only if there is none does it use other evidence.
- Labour market testing: Migration Act 1958, s 140GBA, and LIN 18/036 (number, length, timing and content of ads). The decision maker reads the ad evidence: platform, dates, and the required details.
- Occupation: the Core Skills Occupation List instrument and its caveats. The decision maker checks the nominated code, the caveat conditions and whether the duties fit that code.
Worked example (illustrative only): a café nominates a cook at A$79,423. Its existing Australian cook on the same roster earns more. Because an Australian worker does equivalent work at the same workplace, that worker's pay sets the market rate, so the nomination at A$79,423 fails the salary test even though it meets the threshold. The fix is to nominate at no less than the Australian cook's rate and say so in the nomination.
Patterns we see in practice
General patterns from refusals we review and nominations we prepare, never any one client's case:
- The ads were run before anyone checked the occupation. When the occupation changes later, the ads no longer match and the test has to be redone.
- The salary meets the threshold but not the market. An employer pays the worker less than an Australian in the same role at the same site, or relies on a generic salary survey for a different location.
- The ad window lapsed. Ads ran in time, but the nomination was lodged after the 4-month window closed while documents were gathered.
- "Cook" nominated for a takeaway shop. Caveats on the occupation list exclude some business types; checking the caveat first avoids a nomination that cannot succeed.
- Copied paperwork. A contract or position description reused from another business, with the wrong award, hours or duties left in.
A five-minute check before you lodge
- Do the duties match the nominated ANZSCO occupation, and is it on the list without a caveat that applies to you? Core Skills list
- Is the salary at least A$79,423 and the market rate, with evidence?
- Two ads, 4 weeks each, within the last 4 months, with the required content? LMT checker
- Can you say in one sentence why this role exists now, with a document that shows it?
- Do the contract, ads, organisation chart and nomination give the same title, salary, hours and location?
Sources
Last checked against Home Affairs on 11 November 2026: Salary requirements · Labour market testing · 482 Core Skills stream · Genuineness guidance (FOI FA 25/05/00465) · Migration Regulations 1994, reg 2.72.
Have the nomination checked before it is lodged
In a sponsor consultation Keshab Chapagain (MARN 1576536, registered since 2015) checks the occupation, salary, ads and position evidence against these grounds. If a nomination has already been refused, see what to do after a refusal. A$330 inc. GST for 30 minutes or A$550 for 60 minutes, credited in full if you engage the practice. No outcome can be promised.
In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).
General information, not migration advice.
Not sure which visa fits you?
Answer three questions. An automated guide points you to the route that usually applies. General information only.
Deadline close? Book the first available time.
Bring the letter and the dates. Keshab Chapagain, registered migration agent (MARN 1576536), reads it with you, tells you what can still be done before the deadline and what it costs.
Video consultation. A$330 inc. GST for 30 minutes, credited in full if you go ahead. Advice on your own case is given in the consultation, and you leave it with a clear plan in writing.
What you get
- 30 minutes (A$330) or 60 minutes (A$550) by video with a registered migration agent, Keshab Chapagain, MARN 1576536.
- A written summary of your options and next steps after the session.
- What to bring: ABN, what the business does, the role and salary, the candidate’s CV and current visa.
- Prefer no call? The sponsorship readiness check is done in writing, A$550.
Book an employer sponsorship consultation — A$330 inc. GST, credited In writing, no call — A$550
Need 60 minutes, or bringing a partner, employer or documents to go through? Extended consultation, A$550 inc. GST.
MARN 1576536 · practising since 2015 · contact details
Questions we get asked first
What is the most common reason a 482 nomination is refused?
In the refusals we review, the most frequent ground is the genuine position requirement, followed by salary (below the threshold or not shown to be the market rate) and labour market testing that does not meet the rules. Most are evidence problems that could have been fixed before lodging.
How can an employer avoid a 482 nomination refusal?
Pick the occupation from the real duties, pay at least A$79,423 and the market rate with evidence, run two compliant ads for 4 weeks within the 4 months before lodging, explain why the role exists, and make every document consistent. This lowers the risk; no one can guarantee approval.
Is the nomination fee refunded if the nomination is refused?
Generally no. The A$330 nomination fee is not refunded on refusal. Skilling Australians Fund levy refunds are limited to specific circumstances set by Home Affairs.
Can we lodge a new nomination after a refusal?
Usually yes, and when the problem was evidence, a fresh, corrected nomination is often quicker than review. The sponsor can also seek review at the Administrative Review Tribunal within the deadline on the decision. See our guide to what to do after a refusal.
Does a refused nomination stop us sponsoring again?
Not by itself. A refusal does not cancel sponsorship. Repeated refusals on the same issue, or adverse information, can affect later decisions, so fix the cause before lodging again.
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