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ARTICLE · 05 APRIL 2022

My employee has had their visa refused – what should I do next?

When the visa of an employee gets refused, the employee generally has 3 options.

AustraliaImmigration

Many Australian businesses rely on employing skilled migrants to fill positions that are difficult to recruit from the Australian labour market. The types of visas that employers can sponsor skilled migrants for include the Temporary Skill Shortage visa (subclass 482), the Employer Nomination Scheme visa (subclass 186) and the Skilled Employer Regional visa (subclass 491). These employer sponsored visas require the employer to sponsor the employee and involve the employer paying for a proportion of the costs required to sponsor that employee.

Employers may also have employees working for them that are on visas that do not require the employer's support to obtain, such as the Working Holiday (subclass 417) visa, or the student (subclass 500) visa. However, when the Working Holiday visa or student visa is due to expire, it is at that stage that the employee will often turn to the employer for assistance in the form of sponsoring them for an employer sponsored visa.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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