The Genuine Position Test: a Real Role, Not Created to Sponsor

The genuine position test is one of the most underestimated requirements in a 482 visa nomination. The Department examines carefully whether the nominated position genuinely exists and fits the real business needs of the company.

What is a genuine position?

A position is “genuine” when it:

• Corresponds to a real ANZSCO occupation within the business
• Fits the size and operations of the business
• Arises from a genuine business need, not from a wish to sponsor a specific individual
• Will exist for the long term, not only while the nominee is in Australia

How the Department assesses it

The Department looks at the whole picture of the business:

About the business:

• Is the size of the business consistent with the position being nominated?
• Do other employees do similar work?
• Is there evidence the business is growing and needs more staff?

About the position:

• Is the job description clear and consistent with the ANZSCO code?
• Do the duties match the ANZSCO skill level?
• Is the salary consistent with the market?

About the nominee:

• Do the nominee’s qualifications and experience match the position?
• Are there any signs the position was “custom-made” for the nominee?

Red flags the Department often watches for

• A small business (one or two employees) nominating a senior management position
• A position created just after the nominee arrived in Australia on another visa
• A job description that is too broad or too narrow compared with the ANZSCO code
• A salary significantly below or above the market rate with no explanation
• The nominee being a relative of the business owner

How to prove a genuine position

Prepare strong evidence:

• The current organisational structure and where the new position fits within it
• A business plan or strategy document that mentions the need for the position
• New contracts or projects requiring additional staff
• A letter from management explaining why this position is needed
• A comparison with an equivalent position at another business in the industry

If the Department refuses on genuine position

If a nomination is refused on the genuine position test, the employer can:

• Submit further evidence if the Department gives an opportunity to respond (a Section 56 request)
• Revisit the job description to make it more consistent
• Consult a migration agent before nominating again

Avoid re-lodging immediately without a substantive change — the Department will see this as a suspicious pattern.