A genuine position is a role that legitimately exists within a business and is genuinely required for its ongoing operations. The Department of Home Affairs (DOHA) assesses whether the nominated occupation reflects a real business need rather than a position created primarily to obtain a visa outcome for a particular person.
The role must:
- Exist within the business structure
- Be necessary for business operations
- Align with the nominated occupation
- Require the skills claimed in the nomination
- Be consistent with the nature and scale of the business
- Not be created solely to facilitate migration outcomes
Why Does DOHA Assess Whether a Position Is Genuine?
The genuine position requirement helps protect the integrity of Australia’s employer-sponsored visa programs. The department uses this assessment to ensure that:
- Australian workers are given priority where available
- Sponsorship programs are not misused
- Businesses have a legitimate need for skilled workers
- Nominated occupations accurately reflect the work being performed
- Employers comply with sponsorship obligations
The department has increased scrutiny of employer-sponsored nominations to identify non-genuine or ‘phantom’ positions and fraudulent sponsorship arrangements.
What Evidence Can a Sponsor Provide to Demonstrate a Genuine Position?
As sponsors, you should provide detailed evidence showing that the role is necessary for business operations and fits naturally within the organisation. Common supporting documents include but are not limited to:
Business Evidence
- Australian Business Number (ABN) registration details
- Business licences and registrations
- Company website information
- Marketing materials
- Organisational charts
- Business plans
- Details of products and services provided
These documents help demonstrate that the business is actively operating and has a legitimate need for the nominated role.
Financial Evidence
- Profit and loss statements
- Business activity statements (BAS)
- Tax returns
- Payroll records
- Evidence of business growth
- Recent contracts or projects
Financial documents can show that the business has sufficient operations and resources to support the nominated position.
Other Evidence
- Organisational structure
An organisational chart is often useful in demonstrating how the position fits within the business structure.
How Important Is the Position Description?
The position description is one of the most heavily scrutinised documents in a nomination application.
It should clearly outline:
- Daily duties and responsibilities
- Required qualifications
- Required skills and experience
- Reporting lines
- Employment conditions
- Expected outcomes of the role
The duties must closely align with the selected Australian and New Zealand Standard Classification of Occupations (ANZSCO) occupation. If the duties appear inconsistent with the nominated occupation, the Department may conclude that the role is not genuine.
Does Labour Market Testing Help Prove the Position Is Genuine?
Yes, Labour Market Testing (LMT) helps prove the position is genuine. LMT can support the genuineness of a position because it demonstrates that the employer attempted to recruit suitably qualified Australian workers before seeking overseas sponsorship.
Evidence may include:
- Job advertisements
- Recruitment campaign details
- Interview records
- Explanations of why applicants were unsuitable
Although LMT primarily addresses a separate sponsorship requirement, it can also help support the argument that the role is a legitimate business need.
Can Business Growth Help Demonstrate a Genuine Need for the Position?
Yes, the business’s growth helps demonstrate a genuine need for the position. You can strengthen your nomination by providing evidence of:
- Increased revenue
- Expansion into new markets
- New client contracts
- Increased workload
- Additional business locations
- Growth in customer numbers
Business growth can help explain why additional skilled employees are required.
What Happens If the Department Is Not Satisfied That the Position Is Genuine?
If the Department is not satisfied that the nominated position is genuine, the nomination application may be refused. Common refusal reasons include:
- Insufficient evidence of business need
- Incorrect occupation selection
- Duties that do not align with ANZSCO
- Lack of operational justification for the role
- Evidence suggesting the role was created primarily for migration purposes
A refusal can significantly affect both the employer and the visa applicant. Because genuine position assessments can be highly detailed and fact-specific, many employers choose to seek professional guidance before lodging a nomination application to ensure the occupation selection, supporting evidence, and overall sponsorship strategy are properly aligned with DOHA’s requirements.
How We Can Help
At SALIA Lawyers & Associates, we assist employers in clearly demonstrating that a position is genuine and meets the requirements of DOHA. We understand that this assessment is evidence-heavy and must be carefully aligned with both business operations and visa criteria. We can help you by:
- Reviewing your business structure and operational needs to confirm the role is genuinely required
- Assisting with correct occupation selection and ANZSCO alignment
- Preparing and reviewing position descriptions to ensure they accurately reflect duties and responsibilities
- Advising on the types of supporting evidence required, including business records, financial documents, and organisational charts
- Identifying and addressing potential weaknesses before submission to reduce the risk of delays or refusal
- Supporting your overall sponsorship strategy to ensure consistency across all nomination documents
If you are preparing a nomination application, early advice can make a significant difference to the outcome. Contact SALIA Lawyers & Associates for tailored support to ensure your genuine position evidence is clear, compliant, and properly structured before lodging your application.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
