Why The Genuineness Requirement Matters
When sponsoring an overseas worker for a Subclass 482 visa, one of the key requirements that the Department of Home Affairs will assess.
Put simply, the Department must be satisfied that:
The nominated position is genuine, necessary for your business, and not created just to secure a visa for a particular person.
This is often one of the most scrutinised parts of a 482 nomination, especially for small businesses, family-run companies, or newly established entities.
What is the Department Looking For?
The Department will assess genuineness based on several factors, including:
- The nature and size of your business
- The structure of your workforce
- Why the nominated role is needed
- Whether the role aligns with the nature of your business
- Whether the nominee’s skills and experience genuinely match the role
- Whether the role is consistent with Australian labour market practices
If it appears that the position was created purely to facilitate the visa — without a genuine business need, the application is at risk of refusal.
What Evidence Should Employers Provide?
To satisfy the genuineness requirement, employers should provide clear evidence across three key areas:
1. About the Business – Who You Are & What You Do
Provide documents that explain:
- Your core business activities
- Your products/services
- Your business structure
- The number of employees
- Your client base or target market
Helpful evidence includes:
- Company website
- Business plan (if new)
- Organisational chart showing current staff
- Marketing materials, brochures, or social media presence
- Client contracts or recent invoices
- Photos of the business premises
2. About the Position – Why You Need This Role
Explain clearly:
- What the nominated person will be doing
- Why the role is necessary for your operations
- How the role fits into your existing business structure
- Whether the role existed before or is new (and why)
Helpful evidence includes:
- Position description (aligned with ANZSCO duties)
- Co-signed employment contract signed and dated after the Labour Market Testing
- Evidence of 2 job advertisements
- Evidence of business growth or expansion
- Industry reports showing skills shortages in your sector
- Details of recent or upcoming projects/workload
3. About the Nominee – Why They Are Suitable
Show why the nominated person is the right fit for the role:
- Their skills and qualifications match the role
- They meet the required work experience
- Their background aligns with your business needs
Helpful evidence includes:
- Resume of the nominee
- Copies of qualifications
- Evidence of relevant work experience (reference letters)
- Any previous working relationship with your business (if applicable)
Common Mistakes to Avoid
→ Generic or vague position descriptions
→ Roles that don’t align with your business activities
→ No evidence of why the role is needed
→ No explanation of why the nominee is suitable
→ Family-run businesses without evidence of genuine business activity
→ Cash-only businesses without financial records
Final Tips for Employers
✓ Treat the genuineness requirement as a story you need to tell.
✓ Support your claims with clear, verifiable evidence.
✓ Be prepared to explain why the role exists now — is it due to growth, turnover, skills shortages, or business expansion?
✓ Ensure all documents provided are consistent and credible.
✓ Get professional advice early — this is not a box-ticking exercise.
Conclusion
Meeting the genuineness requirement is about demonstrating a clear and genuine business need for the role and showing that the nominee is the right person for that role.
If you are unsure how to prepare or present this information, working with an experienced migration professional can make all the difference.