Genuine Position Test: How DHA Checks a 482 Role

What is the genuine position test?

When a sponsor lodges a nomination for a subclass 482 visa, one of the mandatory requirements is that DHA must be satisfied that the position is genuine — that is, the role actually exists within the business operation, responds to a real need, and has not been created solely to help a particular individual obtain a visa.

This is known as the “genuine position test” or “genuine need test”, and it is one of the most important conditions for approving a nomination. DHA can refuse a nomination if this condition is not met, even where the sponsor holds valid SBS status.

Legal basis

This requirement flows from the Migration Act 1958 and related regulations, under which a nomination is only approved if the nominated position is consistent with the sponsor’s actual business operation. DHA approaches this assessment holistically — no single criterion is decisive; rather, it is the combination of factors taken together.

Factors DHA considers

Business size and turnover

DHA compares current staff numbers, turnover, and actual business activity against the nominated position. A business with two employees and modest turnover that nominates a full-time Marketing Director will have the genuineness of the role questioned.

Questions DHA may ask:

Is the business large enough to need this position?
Why has this position not existed until now?
Who has been doing this work previously?

Current staffing structure

DHA checks whether the nominated position fits the current organisational structure. If someone already performs a similar role within the company (including a director wearing multiple hats), DHA may doubt that the position is genuinely needed.

Position description and ANZSCO code

The position description must align with the nominated ANZSCO code. This is where many applications fail: a position description that is written too generically, or that lists duties unrelated to the ANZSCO code, leads DHA to suspect the role has been “adjusted” to fit the visa rather than reflecting a real need.

A basic principle: the main duties of the position should correspond at least 70–80% with the description in the ANZSCO for that code.

Evidence of business need

The sponsor should be prepared to explain the specific business reason for why this position is needed at this time:

Market expansion or a new product line
Revenue growth that creates a need for additional staff
A newly signed project requiring specialised skills
Replacing an employee who has left (with evidence)

The business’s recruitment history

DHA may examine the business’s nomination and visa history. If the business has lodged many nominations but the positions are inconsistent or unrelated to its core industry, this is a warning sign.

Situations that trigger closer scrutiny

DHA tends to look more closely when:

The position is entirely new: the business has never had this position before and offers no clear explanation
The nominee is a relative or acquaintance of the business owner: not an automatic breach, but it raises the level of scrutiny
The business is very small or newly established: financial capacity and genuine need are questioned
The proposed salary is unusually low for the market: suggesting the position does not truly require a high level of skill
The work is mainly administrative support: some companies relabel a lower-level role with a higher occupation title
The business has no Australian staff in the relevant field: raising the question of why only foreign workers are recruited

How to prepare evidence that the position is genuine

To satisfy the genuine position test, the sponsor should prepare:

Documents about the organisational structure:

An org chart of the business, before and after the new position
A clear description of who the new position will report to and who it will manage

Documents about business need:

Contracts, orders, or new projects that create the need
Evidence of growth (sales, customer numbers, expanded territory)
A letter from the board explaining the business rationale

A detailed position description:

List specific duties and the proportion of time for each
Ensure the main duties match the ANZSCO
Avoid copying generic descriptions from the internet

Recruitment evidence (where LMT applies):

Results of an unsuccessful search of the Australian labour market
Specific reasons why Australian candidates were not suitable

Consequences if DHA is not satisfied the position is genuine

If DHA is not satisfied that the position is genuine:

The nomination is refused
The sponsor may face increased scrutiny on future nominations
If there are signs of fraud, this can lead to an investigation and cancellation of SBS status
A nominee already in Australia may have their visa affected

The genuine position test is one of the most substantive hurdles in the 482 system. Investing time in preparing evidence from the outset is the best way to avoid the risk of refusal.