Overview
Australia’s Skills in Demand (SID) visa – Subclass 482 allows approved employers to sponsor suitably skilled overseas workers when they cannot find a suitably skilled Australian.
A critical part of the nomination is proving the role is a genuine position under regulation 2.72(10)(a) of the Migration Regulations 1994.
If the Department of Home Affairs is not satisfied the position is real, necessary, and aligned to the nominated occupation, the nomination can be refused.
This article explains what “genuine position” means in practice, how it’s assessed, and what evidence helps employers meet this requirement.
What does “genuine position” mean?
In simple terms, a “genuine position” is one that:
- Actually exists within the business (not created solely for migration purposes)
- Is necessary for the ongoing operation of the business
- Aligns with the nominated ANZSCO occupation in terms of duties and skill level
- Makes commercial sense given the size, nature and revenue of the business
- Can be sustained by a business that is financially viable and capable of meeting its sponsorship obligations
The aim of this criterion is to ensure that the position is legitimate, appropriately classified, and not being used merely to secure a visa outcome.
How Home Affairs assesses “genuine position”
Decision-makers consider a range of factors when assessing whether a nominated position is genuine. The main areas of focus are:
- Nature and scope of the business
The Department looks at what the business does, its size, structure, and how the nominated position fits into its operations. For example, a small café nominating a “General Manager” might raise concerns unless supported by strong evidence that the business truly requires such a role.
- The position itself
A clear and detailed Position Description is critical. It should describe the purpose of the role, main duties, reporting lines, required qualifications, and how it contributes to the business. The duties must align closely with the relevant ANZSCO occupation — ideally, a “significant majority” of duties should match.
- Remuneration and employment terms
Salary and conditions should be consistent with the role’s seniority and market rate. If the remuneration appears too low for the nominated occupation, it may suggest the position has been misclassified or is not genuine.
- Recruitment and labour market efforts
If Labour Market Testing (LMT) is required, the Department examines whether recruitment was genuine and consistent with the nominated role. Providing evidence of job advertisements, shortlists, and interview outcomes helps demonstrate that the employer tried to hire an Australian first.
- Business viability and risk factors
Concerns may arise if:
- The business has recently reduced staff, hours or pay
- The business is very small but sponsors multiple overseas workers
- Revenue or turnover is declining
- The nominated role seems inconsistent with the business’s activities or scale
Employers in these situations should proactively address these risks through clear explanations and supporting documentation.
Evidence that helps demonstrate a genuine position
A well-prepared nomination combines a clear narrative with strong supporting evidence. Consider including:
- Business overview – Company profile, history, goods or services, organisational chart, and workforce composition.
- Role description – Detailed Position Description showing duties, percentage of time per duty, required skills and qualifications, and reporting lines.
- Occupational alignment – Mapping of duties to the nominated ANZSCO occupation to show substantial alignment.
- Remuneration – Employment contract or offer letter, and benchmarking against the market salary rate.
- Recruitment – Copies of LMT ads (if applicable), recruitment notes, or a summary of why no suitable Australian candidate was found.
- Business viability – Financial statements, accountant letters, or contracts showing workload that supports the position.
- Context for anomalies – If there have been retrenchments or structural changes, include a brief explanation supported by evidence.
Common pitfalls (and how to avoid them)
- Vague or generic position descriptions – Avoid copying ANZSCO text. Tailor duties to reflect the actual role in your business.
- Mismatch between title and duties – A “Manager” role with primarily administrative tasks can raise red flags.
- Low remuneration – Below-market salaries can undermine the credibility of the nomination
- Weak or token recruitment – Insufficient or poorly documented LMT.
Failure to address business risks – Not acknowledging recent changes (e.g., redundancies or downturns) leaves questions unanswered.
Quick pre-lodgement checklist
✅ Position Description is detailed and tailored
✅ Duties clearly align with nominated ANZSCO occupation
✅ Role makes commercial sense for the business’s size and structure
✅ Salary matches market expectations
✅ LMT (if required) is genuine and complete
✅ Supporting documents corroborate your narrative
✅ Potential risk factors are addressed proactively
Frequently Asked Questions
Is the TSS visa still active?
No. Since 7 December 2024, the program is officially called the Skills in Demand (SID) visa, but it retains Subclass 482. The former “TSS visa” terminology now refers to legacy applications.
Where does the ‘genuine position’ requirement come from?
It sits within regulation 2.72(10)(a) of the Migration Regulations 1994 as part of the nomination approval criteria for Subclass 482.
Why are so many nominations refused?
Because the “genuine position” criterion is subjective, poorly supported applications—especially those with generic descriptions or unclear business need—often lead to requests for further information or outright refusal.
Key takeaway
The genuine position test remains one of the most scrutinised and misunderstood aspects of the Subclass 482 nomination.
To meet the standard, employers need to show that:
- The role is real and necessary
- It fits logically within the business
- The evidence provided supports that narrative
Generic or boilerplate submissions rarely succeed. Specific, credible, and business-aligned evidence does.
Need help with your 482 nomination?
Roam Migration Law helps employers design roles, prepare evidence, and address potential risk factors before lodging a nomination.
Our lawyers and migration specialists can review your case, provide tailored advice, and ensure your submission aligns with current Home Affairs expectations.
Book a consultation or visit our Resources page for more employer guides.
Download our Guide to Addressing Genuine Position.
