The Skilling Australians Fund (SAF) levy is a significant cost for employers sponsoring workers under the Subclass 482 and 186 visa programs. A common question is whether employers can get a refund of the SAF levy if the nomination is refused or withdrawn.
The Short Answer: No Refund Available
Regulation 2.73AA of the Migration Regulations makes clear that the SAF levy is non-refundable if the nomination is refused or withdrawn. The SAF levy is considered a tax, similar to the nomination application charge itself, and is retained by the Department regardless of the outcome.
Why Is This the Case?
The SAF levy has been characterised by legal authorities as a tax within the meaning of section 55 of the Australian Constitution. Once paid, it becomes government revenue regardless of whether the sponsored worker ever obtains a visa.
Practical Implications for Employers
Employers should ensure all nomination requirements are met before lodging and paying the SAF levy. This includes genuine position requirements, market salary rates, labour market testing, and training benchmarks. Working with a registered migration agent to assess eligibility before payment can help avoid costly refusals.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
Related Articles You May Find Useful
- Citizenship Test Challenges — Tips for Applicants Who Struggle to Pass
- Company-Specific Labour Agreements — Managing Annual Nomination Quotas
- Protection Visa Applicants and the Challenge of Obtaining Work Visas Without a Valid Passport
- The Pathway from 482 to 186 TRT — Meeting the Two-Year Requirement
- Subclass 482 Visa Holders — What Happens When You Stop Working for Your Sponsor?
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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