When Honest Work Was Finally Recognised

The Dream

A construction business known for waterproofing services across residential and commercial projects. Its
work regularly involved wet areas such as bathrooms, kitchens and balconies, where precision and
durability matter. As demand grew, the business nominated a tradesman for a Subclass 482 visa in the
Medium-term stream as a Wall and Floor Tiler. The goal was straightforward. Secure a skilled worker full
time to meet ongoing project requirements and support the company’s steady expansion.

The Problem

The nomination was refused. The Department was not satisfied that the position associated with the
nominated occupation was genuine. The concern was that the business primarily focused on
waterproofing and joint sealing and therefore may not have a genuine need for a full time tiler.
This placed the business in a difficult position. In practical terms, waterproofing and tiling often go hand in
hand. Wet area construction commonly requires tiles to be laid after waterproofing is completed. Yet the
nomination was assessed as though the two services were unrelated.
The refusal meant uncertainty for both the employer and the tradesman, despite clear evidence of
ongoing projects and increasing revenue.

The Solution

The matter was taken to the Tribunal. The review focused on whether the nominated position was
genuine and full time. The Tribunal examined the nature of the business activities, the types of projects
undertaken and the financial documents lodged.
Financial documents for the most recent financial year showed significant sales and an increase over
previous years. The Tribunal accepted that waterproofing projects in residential and commercial settings
frequently require tiling work. It also accepted that the business had the capacity to support a full-time
tiler.
The focus shifted from labels to reality. The question was not whether the company advertised itself
primarily as a waterproofing contractor, but whether its actual work created a genuine need for the
occupation.

The Victory

The Tribunal was satisfied that the nominated position was genuine and full time. It set aside the refusal
and remitted the matter for reconsideration, confirming that the requirements of regulation 2.72(10) were
met.
Their Words
“We always knew the work was there. We just needed the chance to show that the role was real.”
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.