What Is a Decision-Ready Nomination?

The Department of Home Affairs promotes Decision-Ready lodgement as a standard for employer nomination applications under the Subclass 482 (Temporary Skill Shortage) and Subclass 186 (Employer Nomination Scheme) visa programs. A Decision-Ready application is one that is complete, consistent, and does not require the Department to issue a s56 request for further information under the Migration Act 1958.

According to Home Affairs' official presentation dated 18 May 2026, the two most frequent reasons nominations fail to meet Decision-Ready standard are: incomplete Labour Market Testing (LMT) documentation, and miscalculated Annual Market Salary Rate (AMSR).

Labour Market Testing: The Most Common Failure Point

Labour Market Testing requires a sponsor to demonstrate that no suitably qualified Australian citizen or permanent resident was available to fill the nominated position before recruiting overseas. The LMT must be conducted within a prescribed period before the nomination is lodged, generally within four months for most streams.

Common LMT failures identified in the 18 May 2026 guidance include:

• Advertisements that do not specify the salary or salary range
• Advertisements that do not accurately describe the duties of the nominated position
• Evidence that does not cover the full required advertising period (generally 28 days per advertisement for most roles)
• Missing documentation of recruitment outcomes, such as why Australian applicants were assessed as unsuitable
• Use of advertising channels that do not meet Department requirements (e.g. internal-only postings without an approved public-facing component)

The Department expects sponsors to retain complete records of every advertisement, the dates it was live, the platform used, the number of applications received, and a written assessment of each Australian applicant considered.

Annual Market Salary Rate: The Calculation Errors That Trigger s56

The Annual Market Salary Rate (AMSR) is the salary that would ordinarily be paid to an Australian worker performing the same role in the same location under the same employment conditions. Sponsors must demonstrate that the nominated worker will be paid at least the AMSR, in addition to meeting the Temporary Skilled Migration Income Threshold (TSMIT), which is currently AUD 73,150 per annum (as at 1 July 2024).

Common AMSR calculation errors flagged in the May 2026 guidance include:

• Failing to include the value of non-monetary benefits (such as accommodation, vehicles, or superannuation above the statutory rate) in the total remuneration calculation
• Using enterprise agreement rates that are out of date or do not apply to the specific classification of the nominated position
• Comparing the nominated salary to a different occupation or ANZSCO unit group than the one nominated
• Providing benchmark salary evidence that is not contemporaneous with the date of lodgement
• Inconsistency between the salary stated in the nomination form, the employment contract, and the AMSR evidence

Where the Department is not satisfied that the AMSR has been correctly calculated, it will issue a s56 notice requesting additional information. Repeated or unexplained inconsistencies can result in refusal without further opportunity to respond.

Why s56 Requests Are Costly

A Section 56 request pauses the processing clock and requires the sponsor to respond within a specified timeframe, typically 28 days. Failure to respond adequately can result in refusal. Beyond the time cost, repeated s56 requests signal to the Department that a sponsor's compliance systems may be deficient, which can affect future sponsorship approval and monitoring outcomes.

Practical Steps Before You Lodge

1. Conduct a pre-lodgement audit of all LMT advertising: verify dates, platforms, salary disclosure, role description accuracy, and documented recruitment outcomes.
2. Calculate the AMSR using current, position-specific salary benchmarking data from an approved source (e.g. Fair Work Commission pay guides, industry surveys, or the Compensation and Benefits Survey).
3. Ensure the salary in the employment contract, the nomination form, and the AMSR evidence are all consistent and reflect total remuneration.
4. Check that the nominated ANZSCO occupation correctly matches the actual duties of the position, not a superficially similar role.
5. Retain all evidence in organised, clearly labelled files ready for upload at lodgement.

Key Takeaways

• Home Affairs' 18 May 2026 guidance identifies incomplete LMT and AMSR miscalculation as the primary triggers for s56 requests on employer nomination applications.
• LMT advertising must specify salary, accurately describe duties, cover the required duration, and be accompanied by documented recruitment outcomes.
• AMSR calculations must be current, position-specific, and consistent across all documents lodged.
• A s56 request delays processing and may indicate a compliance risk flag against the sponsor.
• Pre-lodgement review by a registered migration lawyer significantly reduces the risk of avoidable s56 requests.

The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.

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