What Is “Genuineness of Position” in Australian Visa Applications?
When applying for employer-sponsored visas in Australia, one requirement stands out as a major deciding factor in nomination approval and that is the genuineness of the position in Australia. Whether you are sponsoring an overseas worker or applying yourself, understanding this requirement is essential. This is because it has become one of the biggest reasons for nomination refusals under the 482, 494, and 186 visa programs.
Over the past few years, the Department of Home Affairs has significantly tightened scrutiny to ensure that every sponsored role is authentic, necessary, and aligned with actual business operations. In this detailed guide, we break down the genuine position requirement, how the Australian visa position test works, what evidence employers must provide, and how to avoid the most common refusal risks.
What Does “Genuineness of Position” Mean?
The genuineness of the position in Australia requirement ensures that the job being nominated under a skilled or employer-sponsored visa is real, legitimate, and essential to the business. The Department of Home Affairs uses this rule to prevent employers from creating artificial roles solely for migration purposes.
This evaluation is part of the migration law genuine position framework, and it assesses whether:
- The role reflects the business’s actual staffing needs
- The business has the financial ability to support the position
- The role aligns with the business’s activities
- The duties match the nominated ANZSCO occupation
- There is no intention to use the visa program improperly
If the Home Affairs case officer finds inconsistencies, the nomination may be refused even if the applicant is highly skilled.
Why Does the Genuine Position Requirement Exist?
The objective behind the genuine position requirement is to protect Australian workers and maintain integrity within the immigration system. Its key goals include:-
- Ensuring businesses do not create roles purely for visa sponsorship
- Preventing exploitation or misuse of the program
- Ensuring roles align with skilled visa requirements
- Checking that employers meet their sponsor obligations in Australia
- Maintaining strong visa compliance as per Australian standards across industries
Given the rise of fraudulent or inflated roles, the Department now places significant emphasis on verifying the authenticity of a nominated position.
When Is the Genuine Position Test Applied?
Home Affairs applies the Australian visa position test in several scenarios, particularly for employer-sponsored visas such as:-
- Skilled Employer Sponsored Regional (SESR) Visa- Subclass 494
The test is carried out during the nomination stage and may also be revisited during:-
- Compliance monitoring
- Post-approval audits
- Business expansion reviews
- When employers apply for new sponsorships
How Home Affairs Assesses a “Genuine Position”
Case officers take a holistic view of the business and the nominated role. They evaluate several critical factors, including the following:-
- Business Size and Operational Need
A small or newly established business may struggle to justify roles like “Business Development Manager” unless supported by clear operational evidence.
- Financial Capacity
The business must demonstrate stable revenue, profitability, and adequate staffing budgets to support the role.
- Labour Market Conditions
Evidence such as job advertisements, market salary data, and LMT (Labour Market Testing) helps prove the role genuinely could not be filled locally.
- Alignment With ANZSCO
The job description must accurately match the duties listed under the chosen ANZSCO code. Any mismatch may raise concerns.
- Consistency With Business Activities
For instance, a small retail shop nominating an ICT Manager is unlikely to pass the position assessment in Australia review unless a strong justification exists.
Common Reasons the Genuine Position Requirement Leads to Refusal
Many nominations fail because employers are unaware of the level of documentation required. The most common errors include the following:-
- Inflated or Misclassified Roles
Job duties that do not align with the nominated occupation will trigger doubts.
- Insufficient Evidence of Business Need
A business must provide data that supports the ongoing demand for the role.
- Weak Financial Records
Poor cash flow, low turnover, or inconsistent financial data can lead the Department to question if the role is sustainable.
- No Organisational Structure
Failure to provide organisational charts or supporting business materials is a major compliance issue.
- Previous Sponsorship Breaches
If the employer has had compliance issues before, Home Affairs will scrutinise new nominations more heavily.
- Outsourcing That Contradicts Staffing Needs
For instance, outsourcing marketing but nominating a Marketing Specialist internally may raise doubts.
What Evidence Should You Provide to Prove the Role Is Genuine
To meet sponsor obligations in Australia and pass the genuine position requirement, employers must provide clear, accurate, and comprehensive documentation. This may include:-
- Organisational charts
- BAS statements and financial records
- Payroll summaries
- Job descriptions and employment contracts
- Evidence of business activity (invoices, clients, growth data)
- Copies of job advertisements and LMT evidence
- Market salary research
- Operational plans and expansion documents
The stronger and more relevant your documents are, the higher will be your chances of nomination approval.
Role of the Sponsored Employee in Establishing a Genuine Position
The applicant must also meet skilled visa requirements, which include:
- Relevant qualifications
- Relevant work experience
- Clear alignment of skills with job duties
If an applicant’s background does not match the nominated occupation, the case officer may conclude the position is not genuine.
Consequences of Failing the Genuine Position Requirement
A failed Australian visa position test can lead to:
- Nomination refusal
- Visa refusal
- Loss or suspension of sponsorship rights
- Additional scrutiny for future applications
- Delays in business operations
This makes it crucial for employers to prepare detailed and well-structured documentation.
Tips to Strengthen Your Application
Here are some essential strategies and tips that can assist you in avoiding nomination refusal:-
- Ensure job descriptions match ANZSCO standards
- Maintain strong business evidence and records
- Avoid generic duties that lack detail
- Demonstrate real business growth or hiring needs
- Seek legal guidance to ensure full compliance with migration law genuine position obligations
Get Professional Support for a Strong and Compliant Application
Demonstrating the genuineness of the position as per Australia’s requirement is one of the most complex and critical parts of employer-sponsored migration. Even strong businesses can face refusals if documents are unclear, inconsistent, or incomplete.
If you want your nomination to be handled with accuracy and strategic care, Visa Empire is here to help. Our expert migration advisors specialise in:-
- Employer-sponsored visa nominations
- Skilled visa applications
- Compliance and sponsorship audits
- Business migration strategy
- Evidence preparation and case review
Our team ensures every part of your application meets the highest standard of compliance, thus, increasing your chances of approval. All of this makes us Perth’s most trusted migration consultancy.
Start your migration journey with confidence. Contact Visa Empire today and let our experts guide you every step of the way.
Frequently Asked Questions (FAQs)
1. What is a genuine position statement?
A genuine position statement is a document prepared by an employer to explain why a nominated job role is real, necessary, and aligned with the business’s operations. It outlines the purpose of the role, the duties involved, how it fits within the business structure, and why it cannot be filled by an existing employee.
The Department of Home Affairs uses this statement to assess the genuineness of position requirements in Australia and ensure the nomination is not created solely for visa purposes.
2. What is a genuine position on a 482 visa?
A genuine position on a 482 visa refers to a real and ongoing job role within a lawful and active business that genuinely needs to be filled by a skilled worker. The Department checks:-
- whether the role fits the business activities,
- whether the tasks match the ANZSCO occupation,
- whether the business has the financial capacity to support the role, and
- whether there is a legitimate need for the position.
This forms a core part of the genuine position requirement assessed during the 482 nomination process.
