186 Nomination and SAF Levy Refunds: When Employers Can Get Money Back

Employers pay a nomination fee and the Skilling Australians Fund (SAF) levy with every 186 nomination. Regulation 5.37A allows a SAF levy refund, and sometimes a refund of the nomination fee, but only in specific situations.

Refund grounds

Situation	What can be refunded
Nomination made because of a Department mistake	Nomination fee and SAF levy
Labour agreement nomination withdrawn before decision because the occupation is not in the agreement or the yearly ceiling is reached	Nomination fee and SAF levy
Withdrawn before decision because the SAF information (such as turnover) was wrong	Nomination fee and SAF levy
Labour agreement stream, withdrawn before the agreement is entered into	Nomination fee and SAF levy
TRT nomination withdrawn before decision because the wrong occupation was chosen by mistake	Nomination fee and SAF levy
Withdrawn before decision because the wrong stream was chosen by mistake	Nomination fee and SAF levy
Visa refused under sections 501, 501A or 501B, or because the applicant or a family member failed certain public interest criteria (including health and PIC 4020)	SAF levy only, under policy
Visa granted but the worker never starts in the position	SAF levy only, under policy

A refused nomination is not refundable. Change of mind and withdrawals outside these grounds are not refunded either.

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If the visa application also needs to be withdrawn

A new nomination cannot be linked to an existing 186 visa application. If a nomination has to be withdrawn and lodged again, the visa application usually has to be withdrawn and lodged again too. The first visa application charge instalment can be refunded in some of these cases, including wrong occupation, wrong stream and incorrect SAF information. See visa fee refunds and linking new nominations.

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Nomination fees and regional positions

Under regulation 5.37, no nomination fee is payable for TRT and labour agreement nominations where the position is in regional Australia. Direct Entry nominations pay the fee wherever the position is. See employer sponsored visa fees and designated regional area postcodes.

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How to ask

The refund is paid to the person who paid, in Australian dollars or the currency paid. Make a written request with the payment receipt and evidence of the refund ground. For the 482 equivalent, see getting the SAF levy back on a 482.

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What you should do now

• Check before lodging: confirm the stream, occupation and turnover figures, because mistakes found after approval cannot be refunded.
• Found an error: withdraw the nomination before it is decided and ask for a refund under the right ground.
• Visa refused: check whether the refusal ground allows a SAF refund.
• Worker did not start: notify the Department and ask for a SAF refund.