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Subclass 482 Visa Granted for First-Time Sponsor with Low Revenue – Section 56 Requests Overturned

Visa TypeSubclass 482
CategoryEmployer Sponsored

Case Summary

A newly formed company with no prior sponsorship history and low revenue obtained a Standard Business Sponsorship and nomination within one week. When the Department issued additional Section 56 requests for police checks beyond what the regulations required, we successfully challenged them and had all four Subclass 482 visas granted within 2 days.

Background

The sponsoring business had been formed in 2020, had not previously sponsored an employee, and had low revenue at the time of application. Despite these factors, the Standard Business Sponsorship and nomination were both obtained within one week. The primary applicant had worked for an associated entity of the sponsor in his home country, was English-exempt under the Migration Regulations and Corporations Act, and the application included his wife and two children. The applicant and his wife had an extensive travel history. Despite providing all required police check documentation, the Department issued a Section 56 Request for Further Information seeking additional police checks.

Challenges

  • Sponsoring company had no prior sponsorship history, low revenue and had only been operating since 2020
  • Department issued a Section 56 request for additional police checks beyond what was required under the regulations
  • Extensive travel history of the applicant and his wife created a large evidentiary burden to satisfy police check requirements

How We Helped

We responded to both Section 56 requests by seeking clarity from the Department and demonstrating that the application had been lodged as a decision-ready package. We had already ensured, in accordance with Migration Regulations and policy, that police checks were obtained for every country where either the applicant or his wife had resided for more than 12 months in the past 10 years. We sent correspondence evidencing that all required documentation had been provided and that the additional requests exceeded what was necessary.

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Key Success Factors

  • Application prepared as decision-ready from lodgement, with all required documentation provided upfront
  • Police checks obtained for every country of residence exceeding 12 months in the past 10 years, pre-empting the Department's concerns
  • Written challenge to the Section 56 requests demonstrating the documentation provided exceeded regulatory requirements
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Outcome

The Department rescinded the Section 56 requests and granted all 4 Subclass 482 visas within 2 days.

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