How Employers Can Prove the Genuineness of a Position for a 482 Visa
Ensuring the genuineness of a position is one of the most critical requirements for employers sponsoring overseas workers under the Temporary Skill Shortage (TSS) visa program. The Department of Home Affairs places strong emphasis on verifying that a role is legitimate, necessary, and aligned with the business’s operational needs and not simply created to secure a visa for a particular individual.
If you’re an Australian employer looking to sponsor skilled talent through the 482 visa, understanding how to properly demonstrate this requirement is essential. In this comprehensive guide, we break down how to prove a genuine position for the 482 visa, the documents you need, how to avoid common mistakes, and best practices for compliance in 2025.
Throughout this guide, we will highlight all major aspects of proving a 482 visa genuine position, including detailed insights into labour market testing evidence, employer obligations, and documentation that strengthens your application.
What Does “Genuine Position” Mean for the 482 Visa?
The Department of Home Affairs assesses whether the nominated role is real, necessary, and suitable for a skilled overseas worker. This is known as the genuine position test.
A genuine position refers to a job that:
- exists within the business structure
- is required for ongoing operations
- fits within the correct ANZSCO occupation classification
- cannot be filled by an available Australian worker
- is not created solely to facilitate a visa outcome
This ties directly into several requirements, including:
- Employer sponsor requirements
- Labour market testing evidence
- 482 visa documentation
- Sponsored worker compliance in Australia
Understanding this framework is the first step toward proving a legitimate need for your nominated employee.
Why the Genuine Position Requirement Matters
In recent years, immigration compliance has tightened across employer-sponsored visas. Employers must show that the nominated role is aligned with:-
- The business’s financial capacity
- Workforce structure
- Industry trends
- Operational needs
- Skills shortages
Failure to properly address this requirement often results in visa refusal.
Common reasons for refusal include:-
- Insufficient evidence of genuine business need
- Incorrect or mismatched occupation nomination
- Artificially inflated job descriptions
- Poor labour market testing practices
- Incomplete documentation
How Employers Can Prove a Genuine Position for 482 Visa Sponsorship
1. Provide Strong Business Evidence
Your documentation must show the business is actively operating, financially stable, and legitimately requiring the role.
Essential documents include:
- Business Activity Statements (BAS)
- Taxation records
- Profit-loss statements
- Organisational charts
- Contracts and invoices
- Business plans
- Industry growth forecasts
These documents support your case for assessment of genuine role criteria in Australia.
2. Meet Labour Market Testing (LMT) Requirements
One of the strongest indicators of a genuine position is effective labour market testing evidence.
To comply with LMT rules:
- Advertise the role for at least 28 days
- Use at least three approved platforms (including Workforce Australia)
- Ensure ads include salary, job duties, skills required, and business name
- Maintain screenshots, invoices, and ad copies
This helps demonstrate that no qualified Australian citizen or permanent resident was available, strengthening your case for proving a genuine position 482 criteria.
3. Prepare a Detailed Position Description
A legitimate role must have a clear and realistic job description.
It should include:
- Main duties consistent with ANZSCO
- Required qualifications and experience
- How the position fits within the organisation
- Tools, software, or technical skills used
- Reporting lines
- Full-time nature of the job
Avoid describing duties that do not match the nominated occupation. This is a common reason for refusal.
4. Submit Thorough 482 Visa Documentation
Visa decision-makers look for evidence that aligns with the business’s operations and the industry.
Support your nomination with:
- Employment contracts
- Salary justification (AMI compliance)
- Market salary evidence
- Current employee profiles
- Training and upskilling plans
Strong documentation helps reinforce compliance with employer sponsor requirements and sponsored worker obligations.
5. Show Genuine Business Need for Hiring an Overseas Worker
The Department wants proof that hiring a skilled migrant is necessary.
Strong evidence includes:-
- Skills gaps among current staff
- Failed recruitment attempts
- Rapid business growth
- Expansion into new markets
- Technological integrations requiring specialised skills
This demonstrates the business need for evidence 482 clearly and effectively.
6. Ensure the Role Aligns with ANZSCO and Industry Standards
All duties must fall under the right ANZSCO code.
Employers should:-
- Compare the job description with ANZSCO tasks
- Highlight similarities in responsibilities
- Avoid irrelevant or inflated roles
- Provide evidence of industry benchmarking
Failure to match ANZSCO properly leads to a significant risk of the nomination being refused.
7. Maintain Ongoing Sponsored Worker Compliance
Even after approval, sponsorship carries obligations.
You must:
- Pay the correct salary
- Maintain employment conditions
- Report changes to the Department
- Avoid underemployment
- Keep accurate records
Ensuring sponsored worker compliance in Australia helps maintain the integrity of your business and future visa nominations.
8. Provide Skills Assessment and Qualification Support (If Applicable)
Some occupations require a formal skills assessment.
Employers can strengthen evidence by:
- Supporting the candidate through the process
- Providing on-the-job training documents
- Showing relevance of experience to the role
This aligns with the importance of skills assessment support in proving the legitimacy of the role.
9. Include Organisation Charts and Workforce Structure
A strong organisational chart shows the following:-
- Where the role sits in the hierarchy
- Reporting lines
- Team structure
- How the nominated role supports business operations
This visual evidence supports the genuine role criteria for Australia requirement.
Best Practices to Strengthen the Genuineness of Position Case
In order to strengthen the genuineness of the position case, you can rely on the following tips:-
- Be consistent across all documents
- Avoid overstating duties or responsibilities
- Ensure private-sector duties match industry realities
- Provide a clear narrative explaining the role
- Align evidence with immigration policy changes valid for 2025
- Avoid copying job descriptions from online templates
You can learn more about the Department’s approach to genuine roles in our detailed article on the genuineness of position in Australia.
Get Expert Support for Proving a Genuine 482 Visa Position
The genuineness of position requirement is one of the most scrutinised aspects of the 482 visa process and even small mistakes can lead to refusal. From labour market testing to business evidence and ANZSCO alignment, every document must be clear, consistent, and compliant with migration law.
If you want professional guidance on proving a genuine position 482, avoiding compliance risks, and ensuring your nomination is fully aligned with Home Affairs expectations, expert migration support is essential.
Visa Empire is widely recognised as the best migration agent in Perth, trusted by employers across Australia for accurate, compliant, and strategic employer-sponsored visa services.
We specialise in:
- 482 TSS visa nominations
- Employer sponsorship obligations
- Labour market testing compliance
- Skilled worker recruitment strategies
- PR pathways through subclasses 186 and 494
Do you want to ensure your 482 visa genuine position case is strong, compliant, and positioned for approval?
Contact Visa Empire today and let Australia’s leading migration specialists handle your application with confidence.
Frequently Asked Questions (FAQs)
1. What is a genuine position on a 482 visa?
A genuine position on a 482 visa refers to a real, legitimate, and operational role within a business that is essential for its functioning. The Department of Home Affairs assesses whether the job is truly needed, aligns with ANZSCO occupation standards, matches the business’s structure, and is not created solely to secure a visa for a specific individual.
A genuine position must be supported by strong business evidence, labour market testing, and documentation that clearly shows the necessity of hiring an overseas worker.
2. How do I prove experience for a 482 visa?
To prove experience for a 482 visa, applicants must provide credible and verifiable documents that demonstrate they meet the required skills and employment history for the nominated occupation.
Common evidence includes:
- Detailed employment reference letters
- Payslips and tax records
- Employment contracts
- Bank statements showing salary deposits
- Skills assessment outcomes (if required)
- Statutory declarations (only when other evidence is unavailable)
These documents must outline job duties, duration of employment, hours worked, and skills used, ensuring they match the ANZSCO description of the nominated occupation.
