Understanding Genuineness of the Position for the 482 Visa: Why It Matters
The Temporary Skill Shortage visa (subclass 482) also known as the skills in demand visa allows Australian employers to sponsor skilled overseas workers when no suitably qualified Australian candidate is available.
However, one of the most important and often misunderstood aspects of the 482 visa process is proving the genuineness of the position. This single factor can determine whether your 482 nomination is approved or refused. This in turn makes it a critical part of every employer sponsorship Australia application.
What Does ‘Genuineness of the Position’ Mean?
The genuineness of the position test ensures that the role being nominated by an employer is real, necessary, and aligned with the business’s actual operations. It further proves that the position is not created merely to secure a visa for a particular individual.
To approve a genuine position 482, the Department of Home Affairs must be satisfied with the following:-
- The nominated position genuinely exists within the business.
- It is consistent with the nature, scale, and scope of the sponsoring company.
- The position is essential for ongoing business operations.
- The role aligns with the approved ANZSCO occupation for which the nomination is made.
This helps maintain the integrity of Australia’s skilled visa program. It also ensures that only authentic positions are filled by overseas talent.
How the Department Assesses the Genuineness of a Position
When assessing the genuine position 482, the Department considers several factors. Those are:-
1. Business Activities and Structure
- Is the business actively and lawfully operating in Australia?
- Does the business genuinely need this specific role to continue its operations?
- Are there sufficient business activities, clients, or contracts to justify the position?
2. Nature of the Position
- Is the nominated occupation consistent with the duties and functions of the business?
- Does the role match the level of skill and salary expected under ANZSCO standards?
3. Employment History
- Was the position previously filled by another employee?
- If yes, was that person an Australian citizen or permanent resident?
- If the role is newly created, is there evidence of business growth or restructuring to support the need?
4. The Nominee’s Relationship with the Business
- Has the nominated worker previously been employed by the company?
- If so, was their earlier role similar or significantly different from the new one?
The Department examines all of these factors to ensure the position is a genuine position 482 and not a means of bypassing standard immigration requirements.
Supporting Documents to Prove a Genuine Position (482 Visa)
Providing strong, verifiable documentation is essential to prove genuine position 482 visa nominations. Employers should include the following:-
- Organisational charts showing reporting lines and staff structure.
- Detailed position descriptions (PDs) listing responsibilities, required qualifications, and reporting relationships.
- Employment contracts and payslips for current or past employees in similar roles.
- Financial records such as BAS statements, profit and loss reports, or business activity summaries.
- Job advertisements are proving genuine recruitment efforts for Australian candidates.
- Evidence of business expansion, new contracts, or client growth.
These documents show that the position is legitimate, ongoing, and necessary to the company’s operations. This happens to be a cornerstone of any compliant 482 nomination.
Why the Genuineness Test Matters
The Department applies the genuineness of position test to protect the integrity of the skilled visa Australia program. It ensures that the system is used to fill real skill shortages rather than to create migration pathways for non-genuine purposes.
A well-prepared nomination that clearly demonstrates a genuine position 482 can:-
- Speed up processing times
- Minimise the risk of a 482 visa refusal
- Strengthen your compliance record as a sponsor
On the other hand, insufficient evidence or unclear justification for the role is one of the most common 482 visa refusal reasons under Regulation 2.72(10)(f) of the Migration Regulations 1994.
This is why expert support from experienced Visa Empire migration agents can make a significant difference in ensuring your case meets all regulatory requirements.
How Visa Empire Can Help
At Visa Empire, our expert migration agents specialise in building strong and compliant Temporary Skill Shortage visa (subclass 482) applications.
We help employers:-
- Analyse business needs and structure the role appropriately.
- Prepare detailed and compliant position descriptions.
- Provide all necessary supporting documentation to prove genuine position 482 visa nominations.
- Communicate effectively with the Department to demonstrate genuine business needs.
- Reduce the likelihood of refusals due to the genuineness of position concerns.
Whether your position is newly created, restructured, or previously filled, Visa Empire migration agents ensure your application is clear, compliant, and convincing.
Final Thoughts
The genuineness of the position requirement is more than just a formality. It’s the foundation of every successful 482 visa nomination. By proving that your business truly needs the role, you not only protect your sponsorship status but also contribute to the integrity of Australia’s skilled migration system.
If you’re an employer planning to sponsor overseas workers or an applicant seeking clarity about your eligibility for the skills in demand visa, get in touch with Visa Empire today.
Our experienced migration agents can help you prepare a watertight, evidence-based application that meets all Home Affairs requirements. We ensure your employer sponsorship in Australia journey is smooth, compliant, and successful.
At Visa Empire, we turn complex visa challenges into confident approvals. Contact us today!!!
Frequently Asked Questions (FAQs)
1. What is a genuine position statement?
A genuine position statement explains why a nominated role under the Temporary Skill Shortage (TSS) 482 visa is real, necessary, and aligned with the sponsoring business’s operations. It provides evidence that the role isn’t created solely to secure a visa for a particular applicant.
This statement typically includes details about the company’s structure, business activities, and the importance of the role within daily operations.
2. What are the new rules for a 482 visa?
Recent updates to the 482 visa aim to make the program more streamlined and transparent. Key changes include clearer pathways to Permanent Residency (PR) for eligible workers, stricter assessments of the genuineness of the position, and a continued focus on ensuring Australian workers are given priority.
Employers must also demonstrate fair market salary rates and provide supporting documentation to justify their need for an overseas worker.
3. Can I apply for PR after 2 years on a 482 visa?
Yes, in many cases you can. If you have worked for the same employer for at least two years in the nominated occupation and your employer is willing to sponsor you, you may be eligible to apply for Permanent Residency through the Employer Nomination Scheme (ENS) subclass 186 visa under the Temporary Residence Transition (TRT) stream. However, eligibility depends on your occupation, visa stream, and compliance with all Home Affairs requirements.
