The genuine position requirement is a criterion of all employer-sponsored visa applications that the position which is identified in the nomination application is a genuine position. This requirement is in place to ensure that the employer-sponsored visa pathways are being used to fill genuine positions which the employer has not been able to fill from the Australian labour market.
One common regulation which case officers commonly cite when refusing applications is Regulation 2.72(10)(f). This regulation is basically an onus put on the business to prove the genuine need for the nominated position in the business. This is a criterion that needs to be satisfied at the nomination stage of the employer sponsored visa. The Department focuses very closely on maintaining the integrity of the employer visa programme and as a result, there is a particularly stringent focus in assessing if the nominated position is a “genuine position”.
From the viewpoint of the Department, these areas need to be thoroughly addressed in a Genuine Position Report
There is a genuine and ongoing need for the position due to various indicators and reasons
The responsibilities of the nominated position are consistent with the activities of the business
There is a clear lack in the local labour market to fill the position
The position is critical and highly essential in the business
There is no one else in the business who can perform the responsibilities of the position
These are some of the common reasons why cases do not meet the genuine need criterion:
- Insufficient evidence, explanations and research were provided to why the business was unable to hire a suitable local candidate
- Background information was not clearly written to give the Case Officer a clear understanding of the activities of the business
- With an inadequate understanding of the business, it is difficult for the Case Officer to understand the reasons for why the new position was created
- The business was unable to show that the responsibilities of the nominated position are consistent with ANZSCO
- The business did not provide adequate explanations and evidence to show that the responsibilities of the nominated position are consistent with business activities and that the nominee will perform the full breadth of responsibilities listed
- Explanations and evidence were not given to state that there are no other roles in the business that can perform the responsibilities of the nominated position
- Inability to show the specialised nature and specialised requirements of the nominated position which will also reflect additional difficulties in hiring a suitable local candidate
In writing a strong Genuine Position Report, we recommend the writer keeps these points in mind:
- Keep to the point and do not over-elaborate as sometimes writing too much will give the Case Officer the opportunity to nit-pick on your report.
- Give an overview of the type of product/service the company offers as well as some insight into the industry as not all case officers are knowledgeable in all fields of business.
- Explain more on the need for the position in the company and not too much on the need for the particular nominee in the company. This is to prove that the need for the nominated position in your business is genuine and that the position was not created to facilitate the stay in or entry to Australia for the nominee.
- Answer all specific points raised by the case officer in the checklist and provide as much evidence as possible!
- Case officers do not know the ins-and–outs of the employer’s business so it is our job to explain it fully to them!
- Applications in which the position is already existing in the business and where the nominee is already onshore working on a part-time basis will have a distinct advantage over positions that are entirely new.
- Industry research is also very useful as supporting evidence for the various Genuine Need Indicators as these are all facts that can be easily verified and will make the report more legitimate and genuine
- If there are any occupational caveats those need to be addressed as well to ensure that the position is not excluded because of the caveat
Provide photos wherever possible, this will give the case officer a clearer understanding of the operations of your business and how the nominated position fits into the business