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The refusal letter from the Department of Home Affairs might seem like the end of all, but that is not the case in most cases. One way or another, you can get out of trouble in most cases: an expired skills assessment, missing documents or fake points. If you are wondering ‘What to do if 189 visa is refused?’, then you need to read the letter and take action only after knowing what needs to be done.
This guide covers your real options, from review rights to reapplying.
Skilled Independent visa (subclass 189) is a points-based visa that enables skilled visa holders who are not sponsored by any organisation to move to Australia permanently. The application is made in an Expression of Interest via SkillSelect, and upon invitation, the applicant applies within 60 days.
Below are the seven recurring causes behind the 189 visa Australia refusal:
Sixty-five points get an EOI into the pool, but the score must still hold up when the visa is decided. A birthday, an expired test, or an unproven claim can drop the total below the threshold.
Assessments expire after three years. An outdated assessment is an easily avoided reason for refusal because the assessment is either expired or was issued by an authority that does not have jurisdiction over the nominated occupation.
A failure to attend a medical exam, or a serious health issue that will cause high costs for health services in Australia, is another reason for refusal.
An applicant’s failure to disclose his/her criminal record or an incomplete police certificate may make the case subject to refusal for failing the character requirement under the Migration Act.
Incomplete or missing certified documents or payslips are among the most common reasons for refusal, and they can easily be avoided.
Where the nominating authority certifies the occupation as different from the one nominated in the EOI, this alone can be reason enough for refusal.
An English Language score that does not meet the basic requirement of Competent, Proficient, or Superior bands or an expired English Language score, will negatively impact your points application and visa requirements.
Below are the steps to be taken after getting a refusal.
The refusal letter gives the regulation that the department used when refusing your visa application.
The time frame is strict and depends on the date on the letter and not when you got the letter. The time period varies according to the type of refusal but could last up to 21 days or 28 days.
You can consult a migration agent who is registered with the Office of the Migration Agents Registration Authority for assistance in analysing your case.
An appeal can be made against the decision of the department. Those who have been denied can still ask for a merits review.
ART replaced the AAT [Administrative Appeals Tribunal ] in performing administrative reviews starting from 14 October 2024. It performs the review anew, not just assessing the procedure.
Review applications should be submitted online together with the decision letter, ID documents, and new evidence. The Tribunal can commence the review process only after receiving the fee.
It depends on the workload of the Tribunal and whether the case is decided based on the papers or a hearing. 189 visa processing time usually lasts a few months up to a year or longer.
The standard fee for the non-protection migration review is about 3,727 AUD, effective as of 1 July 2025 (every following July).
Outcomes depend on the validity of new or updated evidence, not on expecting the Tribunal to take a lenient stance. An actual lack of evidence is preferable to situations in which eligibility had not been established at all.
No, you will be able to apply for this job even after your refusal, except for the fact that your previous EOI application will be closed.
There is no specified waiting period before submitting a new EOI. In case of a Skilled Independent visa 189 refusal because of a certain issue that has already been resolved, an EOI may be resubmitted.
All the factors that resulted in a refusal must be fixed: a new skills assessment, new English test scores, and all documents for points.
No, although issues related to character, fraud or use of a bridge visa will definitely be considered.
There are several ways to get permanent residency in Australia apart from the 189 visa refusal.
State nomination may help decrease the required number of points for certain professions, which means there is an alternative to visa Subclass 189.
This provisional regional visa usually provides easier rounds and leads to getting permanent residency through the Subclass 191 visa in the future.
An employer-sponsored temporary visa helps you stay in Australia as a skilled worker until the permanent application is ready.
Subclass 186 Visa allows you to get a direct sponsored pathway to PR, not relying on points in the SkillSelect pool.
It is easier to choose between review, applying again and changing visa type with professional assistance. Here is what a migration agent does.
An agent will analyse the refusal and find out whether a review or another application would be more beneficial and submit applications satisfying the evidentiary requirements of the Tribunal.
Verify your current MARN registration and ask for experience with refusals of the subclass 189 and ART appeals, along with getting the cost estimate. It will be equally effective to hire a migration agent in Adelaide experienced in working with tribunals as a migration consultant in other locations.
Take the refusal letter, record of the EOI and the application, results of the skills assessment and the English language test and any documents received from the Department to the migration agent.
Read More:- What Are The Benefits Of Australian Skilled Visas 189 & 190?
Refusal is avoidable for most applications. Here are the top four practices which will help you in getting your next subclass 189 visa approved.
Don’t take into account scores from the previous round. Rather, calculate all points according to the present round.
The expiry date and occupation code should match your SkillSelect application.
Translation of documents, referencing and financial documentation should be ready prior to the 60-day period.
It is a good practice to have your file reviewed by a migration consultant in Adelaide prior to submitting the application.
A refusal is a setback, not necessarily the end of your plans for permanent residence. With knowledge of the reason for a rejected 189 visa Australia application in hand, the Tribunal process or a new Expression of Interest can be properly considered. This will depend on the refusal reason, the deadline and the quality of your evidence, which must be assessed early.
Yes, as the Administrative Review Tribunal can revoke the refusal decision if the criteria are satisfied and make another decision instead.
Normally, 28 days from the date in the refusal letter in case of most non-detention migration decisions, although other categories may have shorter periods (Administrative Review Tribunal, Immigration and Citizenship). See the letter for details.
No, but any unresolved issues related to the character or Public Interest Criterion 4020 in connection with the refusal can affect your further visa applications.
Yes, without a definite waiting period, yet it will be necessary to submit a new EOI after solving the problems with your visa refusal.
As your family members are considered in the same application, any refusal on your criteria usually applies to the entire family group.
There is no automatic ban period following a refusal; however, a refusal related to fraud or misrepresentation may result in a ban on future applications.
