What Is a Section 56 Request and Why Does It Delay Your Nomination?

A section 56 request for further information (RFI) is issued by the Department of Home Affairs when a nomination application contains insufficient or unclear information. Receiving an RFI delays processing, requires additional preparation, and increases the risk of refusal if the response is inadequate.

In a May 2026 briefing on Decision-Ready Applications, Home Affairs published the top 10 reasons nominations attract s56 requests. Understanding these reasons is essential for any employer sponsoring workers on a Subclass 482 (Temporary Skill Shortage) or Subclass 186 (Employer Nomination Scheme) visa.

The Number One Issue: Unclear AMSR Calculations

The most prominent reason identified was unclear calculation of the Annual Market Salary Rate (AMSR), particularly in cases where a Modern Award applies to the nominated occupation.

The AMSR is the salary a sponsor must demonstrate they will pay a nominee, benchmarked against what an equivalent Australian worker would earn for the same role. Where an award sets minimum pay rates, base salary alone is not sufficient. The nomination must clearly show how the AMSR was derived, including all award-applicable components.

Common errors include: failing to identify the applicable Modern Award; not disaggregating base salary from allowances and loadings; and providing a figure without showing the comparative methodology.

Other Top Reasons for s56 RFIs on Nominations

Beyond AMSR, Home Affairs flagged several other recurring deficiencies in employer nomination applications as of May 2026.

IssueWhat Is RequiredUnclear AMSR calculation (especially where an award applies)Full methodology showing how AMSR was determined, including award comparisonIncomplete employment contractsSigned contract covering role title, duties, salary, hours and start dateIncomplete evidence of Labour Market Testing (LMT)Full advertising records including dates, platforms, number of applicants and outcomesUnclear legal business structure and entity/trading nameASIC documentation, ABN records, and explanation of relationship between legal and trading names

AMSR and Modern Awards: What Sponsors Must Demonstrate

Where a Modern Award covers the nominated occupation, the sponsor cannot simply cite the proposed salary. The nomination must demonstrate that the salary meets or exceeds the award rate for the specific classification applicable to the nominee's duties, experience level, and employment type (full-time, part-time, casual).

For occupations such as those in hospitality, retail, construction, and healthcare, award rates can be substantially different from a flat annual salary figure. Home Affairs expects the nomination to show the relevant award, the applicable classification level, and how the offered salary compares.

Employment Contracts: Why Incomplete Documents Trigger RFIs

An employment contract submitted with a nomination must be fully executed (signed by both parties) and must contain the essential terms of employment. Missing fields, undated signatures, or contracts that omit salary, hours, or role description are all grounds for an RFI.

Templates that are not tailored to the specific position and nominee are a recurring problem. Sponsors should ensure the contract reflects the actual role being nominated, not a generic position description.

Labour Market Testing Evidence

Labour Market Testing (LMT) must be completed within the prescribed timeframe before the nomination is lodged, and the evidence must be comprehensive. Home Affairs requires documentation of the recruitment activity, including advertising platforms used, advertisement text, dates published, total applications received, and the reason Australian candidates were not suitable.

Partial records, screenshots without dates, or vague outcome summaries will not satisfy the requirement and are a primary cause of s56 RFIs.

Business Structure Clarification

Where a sponsor operates under a trading name that differs from its registered legal entity name, the nomination must clearly explain this relationship. Supporting documents such as ASIC company extracts, business name registrations, and ABN records should be included proactively.

Ambiguity about who the legal employer is remains a consistent source of delay for nominations lodged by businesses operating across multiple entities or under franchise arrangements.

Key Takeaways

• Unclear AMSR calculations, particularly where a Modern Award applies, are the leading cause of s56 RFIs on nominations as of May 2026.
• The nomination must show the full methodology for calculating AMSR, not just the proposed salary figure.
• Employment contracts must be fully signed, dated, and contain all essential terms specific to the nominated role.
• LMT evidence must be complete, including advertising dates, platforms, applicant numbers, and rejection reasons.
• Where a trading name differs from the legal entity name, provide ASIC and ABN documentation proactively.
• Preparing a decision-ready nomination from the outset reduces processing time and the risk of refusal.

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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