How to Prepare for a Genuineness of Position Review by the Department of Home Affairs

If your business sponsors overseas workers, receiving a Genuineness of Position review request from the Department of Home Affairs in Australia can feel stressful.

But here’s the truth: it’s not uncommon and it’s manageable when handled correctly.

Under Australia’s employer-sponsored visa framework, particularly the Subclass 482 Skills in Demand (formerly TSS) visa, the Department carefully assesses whether the nominated role is genuine, necessary, and compliant with migration laws. This is known as the genuine position requirement.

In this guide, we’ll explain the following:-

• What a DHA genuineness review means
• Why businesses are selected
• What documents you must prepare
• How to respond properly
• How to reduce immigration risk

What Is a Genuineness of Position Review?

A Genuineness of Position review is part of the visa nomination review process conducted by the Department of Home Affairs in Australia to ensure that:

• The nominated role genuinely exists
• The position aligns with the business’s operational needs
• The salary reflects the market rate
• The role matches the correct ANZSCO occupation
• The employer is meeting Australian skilled visa requirements

This assessment is particularly common under the 482 visa genuineness test, also referred to as a TSS visa position review.

Why Does the Department Conduct These Reviews?

The Department conducts reviews to ensure:

• Compliance with Australian visa compliance laws
• Protection of local employment opportunities
• Prevention of misuse of sponsorship programs
• Enforcement of employer sponsorship obligations

This is part of broader immigration compliance initiatives in Australia.

Triggers for review may include:

• Unusual job titles or duties
• Salary concerns
• Small or newly established businesses
• Previous non-compliance
• Inconsistent labour market testing evidence

What Does the DHA Assess?

During a DHA position assessment, officers evaluate the following:-

1. Business Legitimacy

They examine:

• Financial health
• Active trading status

• Organisational structure
• Need for the role

This often requires submitting business activity documents for a visa, such as:

• BAS statements
• Tax returns
• Profit & loss statements
• ASIC registration
• Lease agreements

2. Role Alignment and Necessity

The role must:

• Be consistent with your business size and operations
• Fit the nominated ANZSCO code
• Not be created solely for migration purposes

You will likely need a strong job role justification letter explaining:

• Why the position is required
• How it supports business growth
• Why local recruitment was insufficient

3. Labour Market Testing

For most employer-sponsored roles, proper labour market testing evidence is mandatory.

You must provide:

• Copies of job advertisements
• Proof of publication dates
• Evidence showing that no suitable Australian worker was available

Failure in this area is a major cause of nomination refusal.

4. Salary and Market Rate

The Department verifies:

• Salary meets the Temporary Skilled Migration Income Threshold (TSMIT)
• Salary reflects the market salary rate
• Employment conditions match Australian standards

How to Prepare for a Genuineness Review

Preparation is about documentation, clarity, and strategy.

Step 1: Conduct an Internal Compliance Check

Before responding, review:

• Your sponsorship status
• Fulfilment of employer sponsorship obligations
• Record-keeping systems
• HR processes

This acts as a proactive sponsor compliance check.

Step 2: Organise an Employer Visa Documentation Checklist

Prepare a complete employer visa documentation checklist, including:

• Business registration documents
• Financial records
• Organisation chart
• Employment contracts
• Payslips (if applicable)
• Recruitment records
• Labour market testing evidence
• Position description
• Salary benchmarking evidence

Being thorough reduces processing delays.

Step 3: Draft a Strong Position Justification

A detailed job role justification letter should:

• Explain operational need
• Clarify reporting structure
• Describe daily duties
• Align duties clearly with ANZSCO

Avoid generic descriptions. Specificity strengthens your case.

Step 4: Respond Promptly and Professionally

If you receive a request for further information, ensure timely and structured responding to DHA requests for information.

Best practice:

• Answer every question clearly
• Reference attached documents
• Avoid emotional explanations
• Stick to factual evidence

Incomplete responses can lead to refusal.

Common Mistakes During a 482 Visa Genuineness Test

Businesses often fail a 482 visa genuineness test because of:

• Copy-paste job descriptions
• Insufficient financial evidence
• Weak or missing labour market testing
• Salary inconsistencies
• Inaccurate occupation codes

Proactive sponsorship audit preparation can prevent these issues.

How to Reduce Immigration Risk

Strong immigration risk mitigation involves:

• Maintaining clear HR records
• Keeping recruitment evidence
• Reviewing visa nominations carefully
• Conducting periodic internal compliance audits
• Consulting migration professionals

A good compliance culture protects your sponsorship status long-term.

What Happens If the Nomination Is Refused?

If your nomination fails the visa nomination review process, it can result in:

• Visa refusal
• Loss of application fees
• Reputational damage
• Increased scrutiny for future applications

In some cases, businesses may face broader Australian visa compliance investigations.

Early preparation significantly reduces this risk.

When Should You Seek Professional Support?

A genuineness review is not something to treat lightly.

Professional migration agent support in Australia can help:

• Structure your response
• Review documents before submission
• Align job duties correctly
• Identify risk areas
• Strengthen the justification strategy

Especially if your business is small, newly established, or rapidly growing, expert guidance can make the difference between approval and refusal.

Final Thoughts

A Genuineness of Position review by the Department of Home Affairs in Australia is a serious compliance process but it is also manageable with the right preparation.

By understanding the genuine position requirement, maintaining proper documentation, and proactively managing immigration compliance in Australia, your business can confidently navigate the process of DHA position assessment.

The key is preparation, accuracy, and strategic response.

Need Expert Help?

If you’ve received a review notice or want to proactively strengthen your compliance, don’t leave it to chance.

Visa Empire provides expert migration agent support in Australia for businesses across Brisbane and beyond. Our team specialises in employer sponsorship, compliance reviews, and nomination strategies. We help you pass the 482 visa genuineness test with confidence.

If you want clarity, compliance, and peace of mind, contact Brisbane’s trusted migration experts here at Visa Empire.