21 days for sponsor ART appeal
Sponsor can appeal the nomination refusal to the ART within 21 days. Fresh evidence admissible.
ART Appeal Rights · Worker Visa Consequences · Reapplication
Your 482 or SID nomination was refused. What happens next?
Nomination refusal triggers two sets of options: sponsor appeal rights, and worker visa consequences. Both matter and usually need to be addressed in parallel. Our employer team handles both sides.
Immediate implications
Four consequences.
Nomination refusal affects both sponsor and worker simultaneously.
Worker visa refusal usually follows
If nomination was for a visa still being processed, the visa is usually refused shortly after nomination refusal. Worker has own 21-day ART rights.
Existing visa holder continues
If the worker currently holds a valid 482 or SID (not in process), the existing visa continues. Sponsor cessation rules apply separately.
Strategic options emerge
Appeal, reapply with new sponsor, or change pathway. Different approaches for different situations.
Common refusal reasons
Four typical grounds.
Nomination refusals often cluster around specific grounds. Identifying the ground shapes response.
Position not genuineDepartment found the role was not a genuine skilled role at the business. Addresses through detailed position description and business context.
Salary below requirementsSalary below CSIT, SSIT, or AMSR. Addressed by remuneration adjustment and evidence.
Inadequate LMTLMT evidence was thin. Additional advertising or applicant records.
Sponsor obligations concernConcerns about the sponsor meeting obligations for existing workers. Compliance review needed.
Strategic options
Three pathways.
The right response depends on refusal ground, strength of the case, and commercial priorities.
Appeal the refusal
ART appeal within 21 days. Strong if the refusal was based on evidence gaps that can be filled with fresh evidence.
Reapply with stronger evidence
Fresh nomination addressing the refusal grounds. Sometimes faster than appeal if case needs significant rework.
Alternative pathway
New sponsor, different stream (Specialist Skills), or different visa (190, 491). Depends on worker profile.
Some of the most winnable ART appeals are nomination refusals.
Nomination refusals often turn on specific evidence gaps that are addressable. Business context, LMT records, and position genuineness all respond well to detailed evidence on appeal. Sponsors willing to provide strong supporting material see strong success rates.
Common questions
The questions we hear most.
For nomination refusals, book with Brian Park or Sourabh Aggarwal.
Does sponsor refusal cancel my existing visa?
No. Existing visas continue. Refusal affects new applications tied to the nomination.
Can the worker appeal even if sponsor does not?
Worker can appeal their own visa refusal. Sponsor appeal of the nomination is separate.
Do I need to stop working?
If currently holding a valid 482 or SID, generally continue. If the application tied to the nomination was a fresh one, situation becomes delicate.
How long does nomination ART take?
Typically 9-18 months. Similar to other ART matters. See ART timeframes.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.