Mistakes after TSS visa denial
There is a complex set of laws linking the sponsorship, nomination and visa application for the Temporary Skills Shortage (subclass 482) visa (‘TSS visa’).
Below are some common mistakes people make with the TSS visa and nominations.
If your TSS nomination was granted but your TSS visa was refused…
You cannot use an approved TSS nomination for a new TSS visa application after the previous visa application is refused.
This is because your TSS nomination ceases once the “visa application made by the nominee on the basis of the nomination is finally determined”. In other words, your approved nomination dies once your visa refusal is affirmed by the Administrative Appeals Tribunal or the refusal decision loses its right to be appealed.
If your TSS nomination is refused but your TSS visa remains pending…
Likewise, a pending TSS visa cannot be linked to a new TSS nomination.
The most common situation where applicants make this mistake is where a nomination application is refused but the TSS visa remains pending. It is not possible to simply keep the TSS visa application and link it to the new nomination application.
Although it would be ideal to be able to save the visa application charge, once the nomination is refused, you will need to withdraw the existing visa application. If you do not withdraw the existing visa application, it will be refused even if the new nomination application is approved. This is because one of the grant criterion for the TSS visa is that the nomination identified in the original application needs to have been approved.
If you have an existing TSS visa but change your employer…
The good news is that you won’t need to apply for a new visa, however, the bad news is that you will need to lodge a new nomination application on the basis of the new employer. It is important that the nomination application is approved before you start working for your new employer (for most occupations).
However, if you want to change your occupation entirely you will need to be granted a completely new nomination and visa for the new occupation before you can begin work. Otherwise, this will be a breach of visa condition ‘8607’, which requires that you work only in the occupation for which your TSS visa was granted for.
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