If your skilled visa is refused, this doesn’t mean that your Australian immigration goals are ruined. Firstly, read the notice of refusal, find out what requirements were not fulfilled, check whether you have a right to seek review of the decision and understand the applicable deadline. These may include review, resubmission or choosing another visa route.
Typical grounds for refusal are an expired skills assessment, incorrect points claiming, eligibility for the nominated occupation, inconsistencies in evidence or problems with nomination/sponsorship. You should choose what to do according to your case.
What Are The Common Skilled Visa Refusal Reasons?
Applications for a skilled visa in Australia are considered in light of the legislative requirements of a particular subclass. A good profile is of no help if there is no supporting evidence for it in your application.
1. Skills Assessment or English Evidence Issues
Documents that have exceeded the validity date of eligibility might pose a problem at a certain stage if validity is required there.
Expired documents may lead to issues that could have been easily avoided if an individual submitted an EOI, received the invitation and made an application. The same holds for a 494 employer-sponsored visa. Individuals need to ensure that their evidence stays valid.
2. Incorrect Points Claims
Incorrect claims of points in relation to skilled migration are one of the main skilled visa refusal reasons.
However, points may be given for factors like age, qualification, skilled occupation, and language skills on condition that there is supporting evidence for these points. Sometimes, individuals tend to overstate their experience in a skilled occupation in the SkillSelect.
3. Skills Assessment and Work Experience Issues
There must be consistency in all aspects of the application, especially for skilled migration to Australia.
Although there might be a favourable result after the skills assessment process, it is not guaranteed that all periods of work will contribute to the points. Applicants should know what the skills assessment takes into account before making a SkillSelect EOI submission.
4. Occupation Eligibility Problems
Various skilled visas could have various occupation criteria and different assessing authorities. Home Affairs maintains information on the occupations that apply for visa subclasses like 189, 190, 491 and 494.
This highlights the importance of checking the most current occupation list for skilled migration into Australia. Do not just refer to previous occupation lists.
5. Missing or Inconsistent Evidence
Information provided in an application should be backed up by clearly and consistently provided documents. Inconsistencies regarding dates of employment, duties performed, qualifications, address information or identification issues could arise. Lack of evidence might also hinder proving compliance with one or another criterion, particularly when applying for a visa subclass 494.
6. Nomination, Sponsorship or Employer Requirements
Each of the skilled visa subclasses has its own nomination and sponsorship process. Subclass 189 is a points-tested skilled visa subclass, whereas 190 is a state/territory nominated visa subclass. Visa subclass 491 is a regional provisional visa subclass, which might require either nomination by the state or territory, or sponsorship by an eligible family. Subclass 494 Visa, in turn, is an employer-sponsored regional skilled visa subclass.
What Should I Do After a Skilled Visa Refusal Decision?
Firstly, one should understand the grounds for getting your skilled visa refused in order to make the next decision about what steps to take.
1. Examine the Refusal Letter Closely
A refusal letter sent by the Department is the letter that gives the reasons for the rejection of the application as well as your right to review in case of the applicability of the same. Analyse the letter or get help from a migration agent in Perth to find out the specific reason for refusal other than the vague ‘Requirements not met’.
2. Check Your Review Rights and Deadline
If you are eligible to seek a review, the period during which you are able to lodge an application for review becomes extremely important. There are certain decisions relating to migration that can be challenged in the Administrative Review Tribunal (ART), and it may help you to seek the advice of a visa consultant in Perth.
3. Check Your Current Visa Status
If you are already in Australia, check your current visa status and conditions through VEVO and obtain advice about how the refusal may affect your circumstances and any future visa application.
Should I Seek Review or Reapply After a Skilled Visa Refusal?
It all depends on what to do after skilled visa refusal. The best choice for you would depend on the following factors:
Reason for refusal:
1. Your visa subclass
2. Possibility of review of the case
3. Possibility to meet the requirements of another application
Reviewing your case is worth considering if you have review rights and consider the decision erroneous.
A new application may be an option where the applicant can meet the requirements of another visa application. However, the reason for the original refusal should be understood first, and applicants should check whether any restrictions or other circumstances affect a new application. Satisfy all requirements of another application, including:
1. Providing updated evidence
2. Fixing eligibility issue
3. Being eligible for another pathway
How Can I Reduce the Risk of Another Skilled Visa Refusal?
The preparation process must remain ongoing from the EOI stage through the end of the decision-making process, helping reduce the risk of having your skilled visa refused due to avoidable errors.
1. Review your points: You have to calculate your points conservatively and provide supporting documents for each claimed category.
2. Verify the validity of documents: It is important to check expiry dates for your skills assessment and English proficiency.
3. Match information accurately: Employment dates, occupations, duties, qualifications, etc., must match your EOI and documents.
4. Check latest requirements: The policy for skilled immigration for Australia and the occupation list may vary. Make sure you check the latest requirements with the Department of Home Affairs before submission.
5. Select appropriate pathway: You have to compare skilled visa subclass 190, 189, 491, and employer-sponsored pathways rather than using the same strategy for all applicants.
Could Another Skilled Visa Pathway Be Suitable?
A skilled visa refusal does not necessarily mean that other visa pathways are unavailable. Depending on your circumstances, you may be able to consider options such as the Subclass 189, Subclass 190, Subclass 491 or Subclass 494 visa. Eligibility requirements vary between visa subclasses and may depend on factors such as your occupation, skills assessment, points, English language ability, nomination or sponsorship.
For example, if you are considering a regional skilled pathway, understanding the 491 visa requirements can help you determine whether this visa may be suitable for your circumstances.
How Can Ritam Global Help with Skilled Visa Refusal?
Our experts at Ritam Global will help you understand why your skilled visa was refused and determine the most appropriate way to address the refusal. Our specialists will analyse the decision, find out whether there were any problems with eligibility or the quality of evidence provided by you and give you recommendations on how to prepare the application in the future.
Conclusion
While it is disappointing to get your skilled visa refused, there are several key things that you should know about yourself and your case in terms of where it is lacking. Carefully look into the refusal, ensure that your documents are correct, pay attention to deadlines and compare other ways forward. Ritam Global will help you to make the right moves ahead.
