Addressing the Genuineness Criteria

As an employer, you must demonstrate that the position associated with the nominated occupation is genuine. This is a critical regulatory criterion to ensure 482 visas are used to address the temporary skill shortages for specified nominated occupations where an Australian worker cannot be sourced.  The purpose of the criterion is to ensure the business does not create a position or nominate a position that does not align with the duties as outlined in the ANZSCO.

According to policy, the following factors are taken into consideration to assess whether the position associated with the nominated occupation is genuine:

1.       The position is a skilled position with specific tasks that are outlined in ANZSCO.

2.       The position fits clearly with the scope of activities of the business.

3.       Evidence has provided evidence that demonstrates the position is required.

4.       There is evidence that the position has been advertised and filled appropriately.

5.       There is evidence relating to a previous occupant employed in the position.

The Department may pursue further assessment if there are doubts about the position or information provided. It is also important for the business to provide independently verifiable evidence (copies of contracts, orders etc.) as this will give weight to the application. All nomination occupations must also include a genuineness submission which is specific to the business and enforces that the position is genuine.

If you require assistance with evidencing a genuine position or preparing a genuine position submission, please do not hesitate to contract

Written by Ross Ahmadzai

22 Sep, 2023

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