When applying for a TSS Visa, it is usually the first step of working in Australia. However, one single mistake can put your future plans, hopes and dreams on pause.
For many, this will be one of the most important application in their lifetime. This is why it is important to mitigate any and all risks before, during and after you lodge a TSS Visa Application. In most cases, the TSS Visa Refusal will take place because the 1st and/or 2nd Step was refused; which are applications that the Sponsor was responsible for.
Before reading this blog, we recommend that you read the “TSS Visa Eligibility” blog, found here. The most common reasons for TSS Visa application refusals include the following:
1. The Sposnor Does Not Meet the Eligibility Criteria
In Step 1 (SBS Application), the Sponsor must prove that they are an eligible, legally established and genuine business in Australia. Ultimately, they need to provide evidence that they are a real company. In many cases, they do not provide evidence of an active ABN and/or up-to-date Financial Statements. In other cases, the business does not have a high enough Turnover. For example, a business that had a massive loss in the previous Financial Year or where has been adverse information about the Director(s) or the business in the past.
2. The DHA was not satisfied that the Position is Genuine
In Step 2 (Nomination), the Sponsor must prove that they genuinely need a particular full time position to be filled within the business. This is usually the hardest step, as it requires great attention to detail. It is imperative that the business genuinely needs (and proves that they require) a particular occupation within the business. For example, a Mechanic shop could explain why they would require a full time Motor Mechanic, however, it would be difficult for a Cafe to prove that they require a full time Accountant or a full time Marketing Specialist.
In many cases, the DHA is not satisfied that the Position is Genuine, as the submission didn’t include strong reasons on why it is required, what risks would be mitigated if it was filled, why they couldn’t hire any local labour, and why the Visa Applicant is the right person for the job.
In addition, if the business (e.g. Restaurant) has a low Turnover (e.g. $100,000) and they wish to Nominate a full time Restaurant Manager for $55,000 per annum, it would be difficult to prove that they genuinely need to fill this position. For certain Occupations, there are Caveats that restricts businesses from successfully Nominating an Applicant (e.g. if a business wishes to Nominate an Accountant, they must have had a turnover of at least $1,000,000 in the previous Financial Year).
3. The Sponsor Did Not Meet the Labour Market Testing Requirements
Labour Market Testing (LMT) is necessary for a Temporary Skills Shortage (subclass 482) Nomination application, with very few exemptions. When Sponsors Nominate an Applicant, they must provide a copy of the advertisement material used to advertise the position; and they must ensure that the meet the requirements.
Since October 2020, the Sponsors must provide a total of 3 advertisements. 1 must have been advertised on the Australian Government’s Jobactive website, and the other 2 must have been advertised in industry specific recruitment websites (such as Indeed, Seek, Jora etc), national print media, national radio or the Sponsor’s website if the Sponsor is accredited.
For more information on the LMT Requirements, we recommend that you read the “Labour Market Testing” blog, found here. (link to our other blog)
4. The Visa Applicant Failed to Prove 2 years of Relevant Experience
In most cases, Applicants must prove that they have at least 2 years of full time (or equivalent) relevant and recent experience in the Nominated Occupation. They can prove this by providing a Curriculum Vitae, Reference Letters, Payslips, Bank Statements, Tax Documents etc. If they don’t have the relevant Qualifications, they may need to prove that they have 3 or 5 years of relevant and recent experience.
It is important that Applicants provide verifiable documents (such as Bank Statements, Lodged Income Tax Returns) in addition to the other listed documents. If they have 3 years of part time experience, this works out to be 1.5 years of full time experience. It is important that all the documents are provided proving 2 years of full time experience at Time of Application. There is no shortcut to this, and if an Applicant cannot fulfil this requirement, they must wait until they have the experience, or apply for another visa they may be eligible for.
5. The Visa Applicant did not Satisfy the English Language Requirements
It is advised that Applicants ensure that they have satisfied the English Language Requirements before lodging their visa, as they may not get the results they require after lodgement. The English Language Tests that are accepted include: IELTS, PTE Academic, OET, TOEFL iBT and Cambridge C1 Advanced Test. Using the IELTS as an example, an Applicant must score at least 4.5 in each of the test components, in addition to an overall band score of 5.0, if the Occupation is in the STSOL.
In addition, if the Occupation is in the MLTSSL, an Applicant must score at least 5.0 in each of the test components, in addition to an overall band score of 5.0.
The DHA does not have to send a Request for More Information for any of the abovenamed. They can make a decision at any point and if you have not uploaded all the Time of Application documents, or uploaded the wrong documents, the DHA may outright refuse your application.
The eligibility criteria might change depending on your circumstances, such as if the Applicant does not hold a substantive visa, has a criminal record or if they include Secondary Applicants. It is important that you speak to a Registered Migration Agent if you fall under any of these circumstances.
If you wish to book and appointment with one of our Immigration Lawyers or Registered Migration Agents, please call Gold Migration Lawyers on 1300 320 300 today.
For more details on TSS Visa Eligibility, please click here.
For more details on LMT, please click here.