Question of the Week



A refused short term temporary skill shortage visa (subclass 482) and the problems of advertising for employers

Category: Work Visa

Question asked

I have been refused a short term temporary skill shortage visa (subclass 482) and were wondering if I have grounds to review this.

The reasons given were based on Labour market testing.

1. the receipts and invoices relate to advertisements that commenced more than 4 months before the lodgement of the nominated application.

( I advertised for approx 5-6 months.. found the applicant through Indeed and she had a 6 month working holiday visa.. commenced employment in our hair salon on trial.... towards the end of her visa.. applied to sponsor her)

2. The Gumtree advertisement appears to have been advertised on the "general classifieds" portal of Gumtree rather than the "gumtree Jobs" portal.

(I advertised in the job section of Gumtree as well as indeed and I paid for several job listings through both spanning over the 5-6 months.)

Answer provided by Migration Agent

Hello J.

You can appeal the decision but it would be quicker and cheaper to just resubmit the nomination. The problem you have is that Gumtree is not an acceptable method of advertising for this purpose. In your application did you put in all the advertising you had done or just the two you mentioned here?

The other problem is that you needed to have your advertising done less than 4 months before the sponsored job - even though your employee was already working for you.

Did you get advice on this matter before submitting the application?

I would be happy to help you if you needed some assistance. I dont think that you would succeed in the appeal because the procedure for LMT is very clear and unfortunately you didn't adhere to the regulations. I would doubt there would be any leniency given as that would open up a whole floodgate of appeals and the Tribunal never does that.

You can request the refund of the SAF levy and then just reapply for the person you have employed. I would suggest doing this quite quickly as there will be changes to the Occupation List in March 2020 and Hairdresser is set to be removed from the list so sponsorship would not be available any more. It isn't certain it will be dropped but it is in the firing line just now.

I am happy to clarify anything you might be unsure about. You can contact me via the messenger app on this site. Or request a clarification. Either is fine. I am very happy to help.

Thank you for using ask-an-agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger or chat. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Kindest regards
Migration Agent

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