What to Do If Your Subclass 189 Visa Application Is Refused

Receiving a refusal for a Skilled Independent visa (subclass 189) can be difficult, particularly after completing the skills assessment, English test, Expression of Interest (EOI), invitation and visa application process. However, the appropriate next step depends on the reason for refusal and whether the decision can be reviewed or another visa option may be available.

A subclass 189 application can be refused for different reasons, including issues with points claims, skills assessment, employment evidence, English, health or character requirements, or other visa criteria. Understanding the specific reason for refusal is therefore important before deciding what to do next.

This blog explains what a subclass 189 visa is, why applications may be refused, what to do after receiving a refusal, and how a migration agent can assist.

What Is a Subclass 189 Visa?

The Skilled Independent visa (subclass 189) – Points-tested stream is a permanent visa for skilled workers who receive an invitation to apply and meet the relevant eligibility requirements. It does not require sponsorship from an Australian employer or nomination by an Australian state or territory.

Applicants generally need to submit an EOI through SkillSelect, have a suitable skills assessment, meet the relevant points and English requirements, and satisfy health, character and other visa criteria. The minimum points threshold for an invitation is 65, although the score required to receive an invitation can be higher. Meeting the threshold does not guarantee an invitation or a visa grant. 

Why Do Subclass 189 Visa Applications Get Refused?

A subclass 189 visa application may be refused when the Department of Home Affairs is not satisfied that one or more requirements have been met. The exact reason depends on the individual application and is set out in the refusal notification.

1. Points Claims Are Not Properly Supported

Points are an important part of a subclass 189 application. Applicants can claim points based on factors such as age, skilled employment, educational qualifications, English language ability and other eligible circumstances.

The information claimed in the EOI needs to be supported by appropriate evidence when the visa application is assessed. For example, an applicant may claim points for skilled employment but provide documents that do not sufficiently establish the claimed employment period or other relevant requirements. If a particular claim is not accepted, the applicant's points score may be affected and could result in the relevant eligibility requirement not being met.

2. Issues With the Skills Assessment

A suitable skills assessment is an important part of the subclass 189 process. The assessment needs to support the nominated occupation and meet the applicable requirements.

Problems can arise where the assessment does not support the nominated occupation, does not satisfy the relevant requirements, or information in the assessment does not match the information provided in the visa application. If the refusal relates to the skills assessment, the assessment and supporting documents should be reviewed against the reasons provided by the Department.

3. Insufficient Employment Evidence

Skilled employment can contribute to the points claimed for a subclass 189 visa, but the claimed employment needs to be supported by appropriate evidence. Depending on the circumstances, this may include:

• Employment references

• Employment contracts

• Payslips

• Tax records or payment summaries

• Superannuation records

Issues may arise when employment dates, duties, working arrangements or other details cannot be adequately established. If the Department does not accept the claimed employment, the points associated with that employment may also be affected.

4. English Requirements or Points Are Not Met

English can affect a subclass 189 application in more than one way. An applicant may need to meet the applicable English requirement, while a higher level of English may also be used to claim additional points.

If English is mentioned in the refusal decision, the applicant should review the English test used, test date, scores achieved and level of English claimed in the application. It is important to determine whether the issue concerns the basic English requirement or points claimed for English.

5. Health or Character Requirements

Subclass 189 applicants must satisfy the applicable health and character requirements. If the refusal is based on either requirement, the refusal notification should be reviewed carefully to understand the specific criterion that the Department considered not satisfied.

The appropriate response can depend on the circumstances of the case. For character-related decisions, the Department's decision and any available review information should be considered carefully.

6. Incomplete or Inconsistent Information

Information provided throughout the migration process should be accurate and consistent. Differences between the EOI, visa application and supporting documents can create issues during assessment.

For example, inconsistencies may relate to:

• Employment dates

• Job duties

• Qualifications

• English test details

• Travel history

• Relationship information

Where the Department identifies an issue with the information provided, the applicant should first understand exactly what information was considered incorrect, incomplete or unsupported.

What to Do After a Subclass 189 Visa Refusal

After receiving a refusal, the first step is to understand the decision before taking further action. The Department sends a Visa Refusal Notification through ImmiAccount, explaining the reasons for the decision and, where applicable, whether the applicant has a right to seek review.

1. Read the Refusal Notification Carefully

Start by reading the refusal notification rather than focusing only on the fact that the visa was refused. The notification should explain the reasons for the decision and provide information about review rights if the decision is reviewable.

Pay particular attention to the visa criterion or requirement that the Department considered not satisfied. This helps establish whether the issue relates to points, employment, skills assessment, English, health, character or another requirement.

2. Identify the Reason for the Refusal

Once the refusal reasons are clear, compare them with the information and evidence submitted with the application. For example, if the refusal relates to points, review the points claimed in the EOI and the documents provided to support those claims. If it relates to employment, examine the employment references, payslips, tax records and other relevant evidence.

This step is important because the appropriate response depends on the actual reason for refusal. Simply submitting the same information again may not address the issue identified by the Department.

3. Review the Supporting Evidence

The documents submitted with the application should be checked against the refusal decision to determine whether the required information was provided and whether it adequately supported the relevant claim.

Depending on the reason for refusal, this may involve reviewing:

• Skills assessment documents

• Employment evidence

• Qualification documents

• English test results

• Health-related documents

• Character documents

• Other supporting evidence submitted with the application

This can help determine whether the refusal resulted from an underlying eligibility issue or from insufficient evidence supporting a particular claim.

4. Check Whether the Decision Can Be Reviewed

Not every visa refusal has the same review rights. The refusal notification will indicate whether the applicant has a right to seek review of the decision by the Administrative Review Tribunal (ART).

If a review right is available, the applicant should check the applicable deadline immediately. The ART states that migration review time limits are strict and that it does not have the power to extend the time limit for applying for review. The specific deadline should therefore be checked in the Department's decision letter. 

The ART currently lists a $3,727 fee for most migration reviews, with a 50% reduction potentially available where financial hardship applies.

5. Consider Whether a New Application Is Appropriate

A new visa application should not automatically be treated as the next step after a refusal. Before considering another application, it is important to determine why the previous application was refused and whether the underlying issue can be addressed.

Depending on the circumstances, the available options may include seeking review of the decision, addressing an eligibility issue or considering another eligible visa pathway. The appropriate option will depend on the applicant's circumstances and the reason for the original refusal.

How Can a Migration Agent Help After a Subclass 189 Visa Refusal?

A subclass 189 refusal can involve detailed points calculations, skills assessments, employment evidence and other visa requirements. A registered migration professional can help an applicant understand the refusal and assess the available options based on the individual circumstances.

1. Review the Refusal Reasons

A migration agent can examine the refusal notification and identify the specific visa requirement that the Department considered not satisfied. This provides a clearer starting point for understanding the decision and what may need to be addressed.

2. Check Points and Supporting Evidence

If the refusal relates to points, the EOI claims can be compared with the evidence submitted in the visa application. Employment, qualifications, English and other relevant points categories can be reviewed to identify where the Department's assessment differed from the applicant's claims.

3. Assess Review Options

Where a review right is available, a migration agent can explain the relevant process, requirements and timeframe. This can be particularly important because ART review deadlines are strict and cannot generally be extended.

4. Consider Other Migration Pathways

If a review is not available or another pathway may be relevant, the applicant's circumstances can be assessed against the requirements of other visa options. This can help clarify whether addressing the original issue, seeking review or considering another pathway may be appropriate.

For applicants seeking professional guidance, Ozee Migration can assist with reviewing the refusal decision and supporting evidence while explaining the migration options that may be relevant to the individual circumstances.

Conclusion

A subclass 189 visa refusal does not necessarily mean that there are no further options. The first step is to understand why the application was refused, whether the issue relates to points, skills assessment, employment evidence, English, health, character or another visa requirement.

Once the reason is clear, the refusal decision and supporting documents can be assessed to determine the appropriate next step. This may involve checking whether the decision can be reviewed, addressing an issue with the evidence or considering another suitable migration pathway. Where review is available, the applicable timeframe should be checked promptly because ART migration review deadlines are strict. 

When professional guidance is needed after a refusal, Ozee Migration can help applicants understand the decision, assess the available options and determine the next steps based on their individual circumstances.