Skip to main content

What are the common reasons for a TSS visa refusal?

By 6 August, 2021November 18th, 202112 Comments7 min read

common reasons for a TSS visa refusal

Applicants frequently seek our assistance after having their visa applications refused. Having a visa refusal, especially when lodged in Australia, can have significant impacts for future applications (such as being barred from future applications). When factoring in the financial and time investment in preparing a visa application, it is therefore critical to get the application right the first time.

Common reasons for TSS visa refusal

Temporary Work Skilled (Subclass 482) (TSS) visas are employer sponsored visas which allow certain foreign workers to live and work in Australia temporarily, and in some cases, can lead to permanent residence. These visas are generally processed quickly but are particularly strict in terms of eligibility requirements. Further,  a 482 visa application refusal not only has implications to the visa applicant, but also a sponsor (e.g. it can impact their Accredited Sponsorship status).

Some of the more common reasons 482 visa rejection can include the following:

1. Failure to demonstrate genuine position

One of the most common reasons 482 visa refusal is when the sponsor fails to demonstrate that there is a genuine need for the position. What is considered ‘genuine’ will be dependent on the size, scale, nature of the business and the position being nominated.

For example, it is easy to demonstrate why a large IT company would want to sponsor a Software Engineer, however things can get complicated when an IT company would like to sponsor an Accountant, or where the business has been incurring a loss year on year.

It is important to identify these areas of risk at the start of an application and address them in a submission. For example, if the business is a start-up, then the early losses may be justifiable. However, supporting documents will need to be provided to explain how the business intends to generate a profit/growth, pay for the nominated position and/or how the position is consistent with the scale/nature of the business.

2. Incorrect ANZSCO occupation alignment

The Department relies on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) code to determine the skill level/duties for each occupation. Quite frequently we see businesses copy and paste duties directly from the ANZSCO website to the position description and/or pick occupation codes that do not align but are on the more favourable medium and long-term skilled occupation list.

Not only does this cause issues of genuineness, but it may also lead the Department to question the alignment of duties to the ANZSCO.

This happens quite frequently with more junior roles where some duties in a position may appear to be quite clerical in nature. For example, a Junior Accountant may be involved duties such as:

  1. preparing financial statements to management;
  2. conducting audits and financial investigations;
  3. reconciling invoices and despatching payments;
  4. preparing bank reconciliations;
  5. allocating expenditure to specific budget accounts; and
  6. preparing cost reports

However, from these duties, only 2 of these duties fall within the occupation code of an Accountant – ANZSCO 221111, the other 4 duties are of a clerical nature and fall within Accounting Clerk – ANZSCO 551111.

In such cases it is important to provide what percentage of time the position will be spent performing each duty. For example, 60% of the time spent in the role will be on preparing financial statements and 20% of the time conducting audits with the remaining time spent on the 4 duties.

It may also help to provide an organisational chart to show where the position fits within the business. An Accountant that reports directly to the CEO/CFO is likely to be more involved with financial reporting compared to someone who reports to an Accountant or Payroll Officer.

3. Not meeting Labour Market Testing requirements

Labour Market Testing (LMT) is a mandatory component of the TSS visa application eligibility requirements and must be completed within 4 months of the nomination being lodged (unless an exemption applies). The Department is extremely strict with the LMT requirements and if not advertised correctly can result in the nomination application being refused.

As of 1 October 2020, the Department requires a nominated position to be advertised on the Government’s Job Active website and two other channels.

To avoid any issues with the LMT requirements, we recommend you review our definitive guide to LMT for subclass 482 nominations.

It is also important to note the purpose behind the LMT requirements and that there needs to be a genuine attempt to fill the role before offering the position to the nominee.

This is extremely important as we sometimes find employment contracts being issued and signed by nominees before LMT has been advertised for the required 28 days. If the position has already been guaranteed to the nominee before LMT is completed, the Department can refuse the nomination on the grounds that the LMT conducted was not genuine.

4. Not having 2 years of post-qualification experience

Applicants must demonstrate that they have worked in the nominated occupation, or a related field for at least two years. This experience should be undertaken on a full-time basis in the last five years and at the required skill level.

If a position requires a bachelor’s degree skill level, then the two years’ experience must be obtained post-qualification and relevant to the nominated role.

The Department will generally be satisfied by CV and employment reference letters, but applicants may sometimes be requested to provide independently verifiable documents such as bank statements / tax return documents.

5. Substantial compliance with previous visa conditions

One of the often-missed requirements for applicants when applying for a TSS visa whilst in Australia is that there is a requirement that the applicant has “substantially complied” with the conditions of their last visa. It is important that an applicant understands the conditions of their previous visas and has complied with these conditions. For example, if an applicant last held a TSS visa, they would need to ensure that they have not ceased employment for more than 60 days and that they have worked in their nominated position.

If they are applying for a position in a different occupation code, they should be cautioned not to refer to experience obtained in a previous position, as it may trigger the Department to question if they have been working in their nominated occupation code.

Do you require further information?

The above is a selection of the most common reasons why the Department may refuse a TSS visa application. It is important to be able to identify and address these issues / risks early on to not only prevent an application from being refused, but also to ensure a seamless and stress-free visa application process. If you are an employer looking to sponsor foreign workers, or are a visa applicant seeking a TSS visa, feel free to contact our experienced team by email at [email protected] or by phone at +61 3 9016 0484.

David Huynh

Author David Huynh

More posts by David Huynh

Join the discussion 12 Comments

  • Willana says:

    Good day, could you please let me now how long will it take for the 482 Visa TSS diesel motor mechanic application take for granted.

    • admin says:

      Hi Willana,
      Processing times depend on a number of factors (e.g. is your sponsor accredited or did you lodge a complete application) but the Department estimate is that most applications are processed within 2 to 5 months.
      Good luck!
      Hannan Tew

      • Willana says:

        Good day, thanks.

        I think the sponsorship persons dit already done the nomination application in laast years and the skills assessment is also complete and the medical.
        The visa has been lodged the 4 April 2022.


  • sandy cerezo says:


    Would like to know if i’ll have an issue if I omit or did not declare some of my employment history both in CV and in the visa application form because even though those experiences are within the last 5 years they are not relevant to the position I am being hired for in Australia? Thanks!

    • admin says:

      Hi Sandy,
      In general you should include all relevant information (including periods of employment which are not related) but in most cases the Department is not going to raise an issue unless for that omission you have provided false or misleading information. They may request a Form 80 because of lack of information however.
      Feel free to contact us at [email protected] if you’d like to discuss further.
      Kind regards,
      Hannan Tew

  • Isha Bansal says:


    My 1 year of work experience in my previous organization was a casual employment. However, I worked consistently every week for 37.5 hours.
    The same can be proven from my payslips. Will this be an issue?

    The experience letter from that organization doesn’t mention about Casual employment or the hours I worked for.


  • Olga says:

    My husband is going to apply for visa 400. Is Police Clearance Certificate needed for this visa to be approved?
    He tried to get one from the UAE police but they refused to issue him one because of the debt that he was not able to pay when he was suddenly terminated during covid pandemic.
    Without the PCC from UAE, Do you think this will result to visa refusal?
    I will appreciate your views on this.


  • Greg says:

    I am going to ask, my visa is still in the initial assessment and I am being asked for a letter or Statement of good Conduct from my cruise ship company and it needs to be signed by the ship captain. How can I get such a document if I am currently no longer on the ship and my agency does not provide it? I gave a certificate of service and performance of evaluation when I was on the ship but it was not accepted because it says that it says what I do and my behavior at work, because the letter they are looking for proves my character. I don’t know what to do, what should I document to help my application.

  • Muzammil Haider says:


    I am Haider age 26. I applied for subclass (400) visa 2 months back and I got refused by home affairs.

    And now I want to apply for subclass (482) visa. Can I apply for it? Or is there any refusal chances having refusal of subclass (400)

    Thanks in advance ☺️

    • admin says:

      Hi Muzammil,
      Technically your TSS visa would be assessed as a new application so if you meet the requirements, you can can be granted this even though you had your 400 visa refused. This will of course, depend on why you had your 400 visa refusal.
      Feel free to contact us at [email protected] to discuss your situation in more detail.
      Kind regards,
      Hannan Tew

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.