PROVING THE ‘GENUINENESS’ OF a nominated POSITION FOR the 482 visa
When applying for the Subclass 482 – Skills in Demand(SID) Visa, one of the key requirements is demonstrating that the nominated position is genuine.
It might sound obvious—but this is one of the most heavily scrutinised aspects of the application process.
The Department of Home Affairs closely examines whether the role has been created solely to facilitate a visa outcome for the applicant. The position must be legitimate, necessary to the ongoing operations of the business, and clearly aligned with an eligible occupation on the relevant skilled occupation list.
If the Department finds that the role lacks genuine business need or does not reflect a real operational requirement, the visa may be refused.
It’s important to note that the Department is not assessing whether hiring the nominee makes good business sense financially—they are assessing whether the position itself is authentic and necessary.
Supporting Evidence for a Genuine Position
To meet the "genuineness" requirement, employers should provide robust supporting documentation such as:
1. Business Overview and Operations
Description of the business and the goods/services offered.
Explanation of how the nominated role contributes to the quality and volume of outputs.
Details of business operations, including number of employees, target markets, and key activities.
Evidence of online presence: company website, social media accounts, business premises photos, and marketing materials.
Proof of business growth or expansion plans—contracts, invoices, or planning documents.
2. Organisational Structure
An organisational chart outlining:
All staff (full-time/part-time).
Their visa or residency status (citizen, permanent resident, temporary visa holder).
Where the nominated position fits within the structure.
3. Position Details
A clear job description showing how the role is essential to business operations.
Whether the role is new or existing (support with past payroll or records for ongoing roles).
A signed employment contract dated after the completion of Labour Market Testing (LMT).
Evidence of LMT (e.g. job ads posted for the required 28-day period).
Relevant industry or labour market reports confirming the demand for the position.
About the Nominee
In addition to showing that the position is genuine, the applicant must be suitably qualified and experienced for the role. Key documents include:
An updated CV tailored to the nominated position.
Copies of qualifications, licenses or certifications relevant to the role.
Supporting evidence such as previous payslips, reference letters, and tax records.
Final ThoughtsProving the genuineness of a position is not just a box-ticking exercise—it’s a core component of a successful 482 visa application. The Department is increasingly focused on identifying roles that are essential to the business and not created solely to support a visa outcome. By preparing detailed documentation that clearly demonstrates the need for the role, how it fits within your organisation, and how the nominee is qualified to perform it, you significantly improve your chances of a favourable outcome.
A well-prepared application shows that both the employer and the nominee are committed to meeting Australia’s skilled workforce needs in a transparent and compliant way.
