A Simple Oversight, A Skilled Future Restored

The Dream

A construction business operating in Australia sought to nominate a Civil Engineering Technician under
the Subclass 482 Temporary Skill Shortage visa in the Medium-term stream. The business was actively
trading and required continuity in its workforce to meet ongoing project demands. The nomination was
lodged with the expectation that all regulatory requirements had been met, including sponsorship status.
The goal was straightforward. Secure approval of the nomination so the skilled worker could continue
contributing to the company’s operations without disruption.

The Problem

The nomination was refused. The Department determined that the business did not satisfy regulation of
the Migration Regulations because it was not an approved standard business sponsor at the time of
assessment.
Without sponsorship approval, the nomination could not succeed. This created uncertainty for both the
company and the nominated worker, despite the business having taken steps to regularise its
sponsorship position.

The Solution

The matter was reviewed by the Tribunal. The key issue was narrow but critical: whether the business
was, in fact, an approved standard business sponsor as required by regulation.
During the review process, the Tribunal issued directions requesting evidence of current sponsorship
approval. In response, the business provided formal confirmation from the Department showing that it had
been approved as a standard business sponsor effective from October 2024 and valid until October 2029.
There was no evidence before the Tribunal to suggest that this approval had lapsed or ceased.
The Tribunal determined that the sponsorship requirement was satisfied. Given that he regulation only
requires the nominator to be a standard business sponsor and documentary confirmation was provided,
the refusal could not stand.

The Victory

The Tribunal was satisfied that the requirements of regulation were met. It set aside the decision and
remitted the nomination for reconsideration with the order that the sponsorship criterion was satisfied.
Their Words
“We knew we had done the right thing by securing sponsorship approval. The Tribunal recognised that
and corrected the decision.”
If you are in a similar situation, or know someone who may require professional assistance with a visa
nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:
Book a Consultation: https://solvemigration.com/book-an-appointment/
Email: ask@solvemigration.com
Our team can assess your circumstances, identify available pathways, and guide you through each stage
of the process with clear and practical advice.