Received a Request for Information from the Department of Home Affairs? What Employers Should Do
Navigating employer-sponsored visas, such as the Skills in Demand (Subclass 482) visa, Skilled Employer Sponsored Regional (Provisional) (SC494), or Employer Nomination Scheme (ENS) (SC186), is a multilayered process. Even with meticulous preparation, an employer may receive a Request for Information (RFI), officially known as a request under Section 56 (S56) of the Migration Act 1958 from the Department of Home Affairs (DoHA).
Receiving an RFI can be daunting, but it does not mean the application will be refused. It simply means the assessing case officer cannot make a final decision based on the evidence currently provided. How a business responds to this request, however, will dictate the success or failure of the visa application.
Related: Is Requesting a S56 Letter a Good Sign for My Visa Application?
Why Did Your Business Receive an RFI?
The Department issues RFIs when information is missing, outdated, or when the case officer has doubts about whether the application meets specific legal criteria. For employers, common triggers include:
The Department may question whether the nominated role is genuinely needed within your business structure, or if it was artificially created to secure a visa for the applicant.
If the Labour Market Testing (LMT) job advertisements did not run for the required duration, contain the exact required details, or were not placed on the correct platforms, the Department may request clarification.
If your business is recently established or has reported a financial loss, the case officer may request updated evidence to prove the business can afford the nominated salary.
The Department may question how you calculated the market salary rate or whether the nominated salary meets the Temporary Skilled Migration Income Threshold (TSMIT).
It may be simple administrative oversights, such as an expired passport or missing police clearances for the visa applicant.
Related: Is Your Company at Risk of Adverse Information for a Nomination Application?
What Employers Must Do When an RFI Arrives
RFIs come with a hard deadline, typically 28 days from the date of the letter. If you fail to respond or provide evidence by this date, the Department is legally entitled to make a decision based on the existing information, which may result in a visa refusal. Do not ignore the timeframe.
Read the RFI carefully. Is it a simple request for a missing document, or is it questioning the fundamental eligibility of the nomination? Complex RFIs often precede a refusal if the core legal concerns are not thoroughly addressed.
A common mistake employers make is providing the bare minimum requested. If DoHA questions your business's financial viability, a single bank statement is rarely sufficient. You must provide comprehensive, structured evidence that leaves no room for further doubt.
For complex issues like Genuine Position or AMSR, simply uploading documents may not be enough. A formal legal submission should accompany your built evidence by an experienced immigration lawyer. This document connects your evidence directly to the relevant migration legislation, clearly explaining to the case officer why the criteria have been satisfied.
Related: Why ‘Decision-Ready’ Application Matters?
What are the Risks of a Poor RFI Response?
Mishandling an RFI has consequences, and if the nomination or visa is refused, the business loses the government application fees and the Skilling Australians Fund (SAF) levy. Seek professional assistance before complicated visa issues occur and force the employee to leave, putting the business at risk.
Related: Received a SC482/186 Nomination Refusal: What Happens to My Visa Application?
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Decoding "Complex Visa Case": What It Means and Why It Matters
Can Your Business Lose Its Standard Business Sponsorship (SBS)?
What Happens If Your Business Is Audited by the Department of Home Affairs?
How Can a Workplace Investigation Trigger Visa Cancellation under Section 116?
How Can Agape Henry Crux Help You?
Our team of immigration lawyers at Agape Henry Crux specialises in interpreting Departmental concerns and crafting robust, legally sound responses to complex RFIs to maximise your best chance of success. The team works closely with two of our Accredited Specialists in Immigration Law who specialise in complex visa matters. We recommend booking a Migration Planning Session by calling 02 8310 5230 or emailing info@ahclawyers.com to arrange a time.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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