The 482 Genuine Position Requirement: An Employer's Guide to Nomination

What 'Genuine Position' Actually Means

The genuine position requirement sits within the Migration Regulations 1994. For the Core Skills stream of the 482 visa, the Department assesses whether the nominated position is genuine under the relevant criterion. The assessment is not a simple checklist; it is a holistic evaluation of whether the role genuinely exists in the business and is necessary for the business to function.

A genuine position has several characteristics that the Department looks for:

— It is a real, ongoing role that would exist regardless of who filled it. The position should reflect an operational need driven by business activity, not a personal favour to a specific candidate.

— Its duties and skill requirements align with the ANZSCO (Australian and New Zealand Standard Classification of Occupations) occupation description nominated. The ANZSCO classification determines the skill level and nature of the work; if the actual day-to-day tasks diverge materially from the ANZSCO unit group, the position may not meet the nomination criteria.

— It sits logically within your organisational structure. A Director-level role in a micro business with no other employees, for example, raises obvious questions about business complexity and reporting relationships.

— The business can demonstrate it has the commercial activity — clients, contracts, revenue, or growth — to justify the need for the occupation at the salary being offered.

The Department makes clear in its guidance that an assertion by the employer that the position is genuine is not sufficient. Substantive evidence is required.

Red Flag 1: Position Created to Secure a Visa

The most common ground for a genuine position refusal is a finding that the role was created to assist a specific individual to remain in or move to Australia rather than to meet a genuine operational need. This pattern is sometimes called a 'visa-driven' position.

Indicators that may raise this concern include:

— The position was advertised only briefly or not at all before the nomination was lodged, and there is no business reason why the need arose suddenly.

— The position description closely mirrors the nominated person's existing skills rather than reflecting the ordinary duties of the occupation.

— The business has no prior history of employing anyone in the occupation, yet claims an urgent or ongoing need.

— The nominated worker is already working in a different role for the same business and the nomination appears to restructure the job description around what they are already doing.

Employers can address this concern by demonstrating the timeline of the business need — when demand arose, what prompted it, what steps were taken to source a suitably qualified Australian worker first (Labour Market Testing obligations sit alongside but separate from the genuine position test), and why the nominated occupation is the appropriate solution.

Red Flag 2: Duties That Do Not Match the ANZSCO Occupation

Every 482 Core Skills nomination must be for an occupation on the Core Skills Occupation List (CSOL). The CSOL currently contains 456 occupations, each tied to an ANZSCO unit group with a defined set of duties, indicative skill requirements, and unit group code.

A common problem arises when the position description submitted with the nomination either copies the ANZSCO description verbatim or lists duties that diverge substantially from what the ANZSCO unit group describes. Both extremes create risk.

Copying ANZSCO verbatim signals that the position description may not reflect how the role actually operates in your business. A casework officer reading an identical copy of an occupation definition has no insight into why your business needs that person, what they will actually do day to day, or how the role fits your operational structure.

Conversely, if the role as described would more accurately fall under a different ANZSCO code — perhaps a lower-skill group or a related occupation not on the CSOL — the nomination is vulnerable to refusal on the grounds that the position does not genuinely correspond to the nominated occupation.

A well-prepared duty statement sets out eight to twelve specific tasks the person will perform in your business, written in language that maps clearly to the ANZSCO unit group without duplicating it. It explains how the duties arise from your business model, client base, or service offering.

Red Flag 3: Business Too Small or Inactive to Justify the Role

The Department applies heightened scrutiny when the sponsoring business is small, recently established, or has a structure that does not plausibly require the nominated occupation at the nominated seniority level.

Scenarios that commonly attract additional scrutiny include:

— A small business nominating a senior or managerial occupation (General Manager, Chief Financial Officer, Operations Manager) where the workforce does not appear large or complex enough to justify a dedicated person in that function.

— A business whose revenue is generated primarily from passive sources — for example, rental income from residential property — nominating an occupation linked to active business operations.

— A startup or recently registered business nominating a position before it has demonstrated enough trading activity to support the claimed need.

— A business that has recently retrenched Australian workers in similar roles, or reduced the hours or conditions of existing staff, yet claims it cannot fill the role locally.

For smaller businesses, the evidence task is more demanding. You need to demonstrate not only that the business is lawfully operating but that the volume and nature of your commercial activity creates a real, ongoing need for the specific skills being imported. Revenue figures, client contracts, pipeline documents, and growth projections all contribute to this picture.

Red Flag 4: Related-Party and Family Arrangements

Nominations where the nominated worker has a personal or financial relationship with the sponsoring business attract close examination. This includes situations where the nominee is a family member of a business owner or director, where the nominee owns shares in the sponsoring entity, or where the nominee effectively controls their own employment conditions.

The core concern is that an arms-length employment relationship — where a business genuinely needs a skilled person and is prepared to pay market rates to attract them — may not exist when the arrangement is between related parties. Instead, the position may have been structured around the individual's personal circumstances.

Related-party nominations are not automatically refused, but the evidentiary bar is higher. Employers in this situation typically need to demonstrate:

— That the business need for the occupation predates the decision to sponsor this particular individual.

— That the salary and conditions are consistent with what an unrelated employee in that role would receive (connecting directly to the Annual Market Salary Rate obligation).

— That governance mechanisms exist — such as a separate management layer or board — that create a genuine employer-employee relationship despite the personal connection.

— That the business has other employees (including Australian workers) and is not structured primarily to support the immigration outcome of the related party.

How the Genuine Position Test Connects to Salary Requirements

Salary compliance and the genuine position test are assessed separately, but weaknesses in one area can amplify concerns about the other.

For nominations lodged under the Core Skills stream, two salary floors apply simultaneously:

Core Skills Income Threshold (CSIT): From 1 July 2026, the CSIT is AUD 79,423 per year (base salary, excluding superannuation). This replaces the previous Temporary Skilled Migration Income Threshold. Any nomination lodged on or after 1 July 2026 must meet the new threshold; nominations still pending decision on that date are also subject to it. The Specialist Skills stream has a higher threshold — AUD 146,576 from 1 July 2026.

Annual Market Salary Rate (AMSR): The AMSR requires that the nominated worker be paid no less than the equivalent Australian citizen or permanent resident doing the same work in the same location would earn. If no equivalent Australian worker exists in your business, you need market evidence — relevant industrial awards, enterprise agreements, salary survey data, or comparable job advertisements — to establish what the market rate is.

Both tests must be satisfied. A nomination that clears the CSIT but falls below the AMSR will be refused. A nomination that appears to meet the AMSR but falls below the CSIT will also be refused.

The connection to genuine position is this: if the salary offered is substantially below market for the occupation, or if the salary appears inconsistent with a senior role claimed in the nomination, it can raise further questions about whether the position genuinely requires the skills being nominated. A business claiming it needs a senior software architect but offering a salary at the absolute CSIT minimum, for instance, may struggle to demonstrate that the role reflects an operational need at that level.

Evidence Employers Should Prepare

Thorough documentation is the most effective way to satisfy the genuine position requirement. The following categories of evidence are typically expected:

Organisational chart: A current chart showing all positions within the business, the names of current employees, their visa or residency status, and — highlighted clearly — where the nominated position fits. The chart demonstrates that the position has a logical place in the business hierarchy and that reporting relationships are realistic.

Position description: A document specific to your business, setting out the job title, full-time hours (or a clear explanation if part-time), required qualifications, and a list of eight to twelve concrete duties that reflect what the person will actually do. The duties should map clearly to the nominated ANZSCO occupation without being a copy of the ANZSCO text.

Business financials: Documents demonstrating that the business has the turnover and financial capacity to sustain the position. Commonly requested items include the most recent profit and loss statement and balance sheet, the most recent Business Activity Statements (BAS) covering the past four quarters, the most recently lodged business tax return and Notice of Assessment, and recent bank statements showing active commercial transactions.

Contracts and pipeline evidence: Documents that explain why the business needs the role now. This may include new client contracts, project agreements, purchase orders, statements of work, or internal forecasts showing increased demand. This category of evidence directly addresses the 'increase in business activity requiring workers in the occupation' signal that the Department specifically looks for when assessing whether a position is genuine.

Employment contract (draft): A signed draft employment contract for the nominee, stating the annual base salary, standard weekly hours, commencement conditions, and employment terms consistent with relevant awards or agreements.

Labour Market Testing evidence: While LMT is a separate nomination requirement, the documentation — job advertisements, interview records, candidate assessment notes — also serves as corroborating evidence that the position is real and that no suitable Australian worker was available.

If the position has been occupied before, records of prior occupants (name, employment dates, reason for departure) are useful supporting material.

Consequences of Nomination Refusal

A nomination refusal has serious downstream consequences and is not simply an administrative setback.

Visa application: A valid, approved nomination is a prerequisite for the 482 visa application to succeed. If the nomination is refused, any associated visa application lodged by the worker will also be refused, regardless of whether the worker themselves meets all personal eligibility criteria. For workers who are onshore on a bridging visa, a refusal may also trigger section 48 of the Migration Act, which restricts the ability to lodge most other substantive visa applications while remaining in Australia.

Sponsor obligations: A nomination refusal does not automatically affect your Standard Business Sponsorship approval, but repeated refusals or evidence of systemic misrepresentation can lead to separate compliance action against the sponsor.

Appeal rights: The sponsoring business (not the worker) has the right to seek merits review of a nomination refusal at the Administrative Review Tribunal (ART). The deadline is typically 28 calendar days from the date the refusal notification is received. This deadline is strict. The ART conducts a fresh review of the merits, and additional evidence can be submitted to address the original reasons for refusal.

Cost: Application fees for nomination are non-refundable on refusal. The nomination application fee under the Skills in Demand program is a material cost, separate from the Skilling Australians Fund (SAF) levy. Lodging a well-prepared application the first time is significantly more cost-effective than refusal followed by an ART appeal.

A business that receives a nomination refusal should obtain a copy of the decision and the stated reasons carefully before deciding whether to appeal or re-lodge. The reasons for refusal will identify which specific requirement was not met and what evidence would be needed to address it.

Does every 482 nomination need to demonstrate a genuine position?

Yes. The genuine position requirement applies to all streams of the subclass 482 Skills in Demand visa, including the Core Skills stream and the Specialist Skills stream. The Department must be satisfied the position is genuine before it can approve the nomination, regardless of how strong the worker's personal qualifications may be.

Can a small business nominate a senior manager on a 482 visa?

Yes, but the Department will scrutinise whether the business is large or operationally complex enough to genuinely require a dedicated person performing senior management duties. A small business nominating a General Manager or Chief Financial Officer should prepare detailed evidence of its business structure, client base, revenue, and why the role requires dedicated senior attention rather than being absorbed by existing staff or a director.

What is the difference between the CSIT and the AMSR for a 482 nomination?

The Core Skills Income Threshold (CSIT) is a legislated minimum salary floor — AUD 79,423 per year from 1 July 2026 — that applies to all Core Skills stream nominations regardless of occupation or location. The Annual Market Salary Rate (AMSR) is what an equivalent Australian worker doing the same job in the same location would actually earn. Both tests must be satisfied; if the market rate for the occupation exceeds the CSIT, the employer must pay the higher market rate.

What happens to the worker's visa if the nomination is refused?

If the nomination is refused, any associated 482 visa application will also be refused. The nomination is a prerequisite for the visa. Onshore workers whose visa application is refused may face restrictions on lodging further substantive visa applications in Australia under section 48 of the Migration Act. The sponsoring business, not the worker, holds the appeal rights for a nomination refusal.

How long does an employer have to appeal a 482 nomination refusal?

The sponsoring employer has 28 calendar days from the date the refusal notification is received to lodge an application for merits review at the Administrative Review Tribunal (ART). This deadline cannot be extended. At the ART, the case is reviewed afresh and additional evidence can be submitted to address the refusal reasons.

Is a 482 nomination for a family member automatically refused?

No, but related-party nominations — where the nominated worker is a family member of the business owner, a shareholder, or otherwise connected to the sponsoring entity — receive heightened scrutiny. The employer needs to demonstrate that a genuine arms-length employment relationship will exist, that the salary reflects what the business would pay an unrelated employee, and that the business need for the role is independent of the individual's personal circumstances.