482 Nomination Refused or Withdrawn? What Happens to the Visa

A 482 visa cannot be granted without an approved nomination that is still in force. If the 482 nomination is refused, withdrawn or stops being valid, the visa application usually cannot succeed. This guide explains how long approvals last, what happens in each situation and when review is available.

When a nomination approval ends

Under regulation 2.75, the approval ends on the earliest of these events:

• the Department receives the sponsor’s written withdrawal;
• 12 months after approval, unless a visa application based on it is still undecided. In that case, when that application is decided or withdrawn;
• the worker is granted a 482 visa;
• the nomination end day, 3 months after the sponsor’s approval ends, unless a new sponsorship application was lodged in time;
• the sponsor’s approval is cancelled;
• for labour agreement nominations, the day the agreement ends.

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If the nomination is refused

Without an approved nomination, the visa application cannot be granted. A refused nomination is not refundable. Many sponsors lodge a new, stronger nomination while the visa application is still open, so it can be linked. See linking new nominations to pending 482 applications.

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If the sponsor withdraws

A sponsor can withdraw a pending nomination before it is decided, or an approved nomination before a visa is granted. The approval ends the day the Department receives the written notice. Withdrawing after approval does not attract a refund. See getting the SAF levy back.

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If the visa is refused

A visa refusal does not cancel the nomination. The nomination stays approved, but it is specific to the named worker and cannot be used for anyone else. If the refused applicant is in Australia, they may be barred by section 48 of the Migration Act from lodging most other visa applications onshore.

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Review rights

Decision	Can it be reviewed?	Who applies
Nomination refused	Yes, except refusals because the sponsor lacks a strong record of employing local workers, or because of discriminatory recruitment	The sponsor
Visa refused, applicant in Australia when they applied	Yes, if the nomination is still approved, or a review of the nomination or sponsorship refusal is pending	The visa applicant
Visa refused, applicant outside Australia when they applied	Only if the sponsor is an Australian business and one of the same conditions applies	The Australian sponsor only
Visa refused, overseas business sponsor	No	No one

Reviews go to the Administrative Review Tribunal (ART), which replaced the AAT. Time limits are strict and are set out in the refusal letter.

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What you should do now

• Nomination refused: check the reasons and the review deadline, and decide whether to seek review or lodge a fresh nomination.
• Visa refused: act quickly on review rights, and check any section 48 bar if you are in Australia.
• Sponsor considering withdrawal: tell the worker first, and remember a withdrawal after approval is not refundable.
• Approval close to 12 months old: lodge the visa application before the approval lapses.