482 SID Genuine Position Requirement: Why Nominations Fail

A subclass 482 Skills in Demand (SID) nomination can be refused even when the job is completely real and the worker is well qualified. The reason is usually the genuine position requirement: the Department of Home Affairs must be satisfied that the nominated role is a genuine, ongoing need of the business and that its tasks match the nominated occupation. This article explains what that test actually examines and how to prepare a nomination that holds up.

What the genuine position requirement is

For the Core Skills and Specialist Skills streams of the subclass 482 (SID) visa, the sponsoring business lodges a nomination that identifies a specific occupation and a specific position. Under the nomination criteria in the Migration Regulations 1994, a case officer must be satisfied that the position associated with the nominated occupation is genuine.

This is a separate hurdle from whether the worker is skilled, whether the salary meets the threshold, and whether the business is an approved sponsor. A qualified applicant and an approved standard business sponsorship do not fix a nomination that fails on genuineness. The nomination is assessed on its own evidence.

The practical consequence matters. Because an approved nomination is a precondition for the visa, a genuine position refusal ends the linked visa application as well. The applicant does not get a second chance to argue the point on the visa; the decision is made at the nomination stage.

What the Department actually checks

The genuine position assessment looks past the job title to the substance of the role. In our experience advising sponsors, refusals cluster around a few recurring themes.

The role must fit the business

The Department considers whether a business of that size, structure, and activity would realistically need the nominated role. A newly registered company with minimal turnover that nominates a senior management position, or a small operation that nominates several unrelated specialist roles at once, invites scrutiny. Officers look at financial statements, business activity statements, organisational charts, and staffing history to test whether the position is consistent with how the business actually operates.

The tasks must match the ANZSCO occupation

ANZSCO is the operative classification for migration, and the nominated occupation carries a defined set of duties. A nomination fails when the day-to-day tasks described in the position do not align with the ANZSCO code chosen. This happens often when a business picks the closest available occupation rather than the one that genuinely describes the work, or when the position statement is padded with duties from a higher-skilled occupation to fit the list. If your role sits awkwardly between two occupations, resolve that before lodging, not after a refusal.

The position must not be contrived

A central concern is whether the position was created mainly to secure a visa for a particular person rather than to meet a real business need. Warning signs include a role that did not exist until the candidate appeared, duties that do not add up to a full-time job, or a position that duplicates work already done by existing staff. The Department can and does refuse where the evidence suggests the job was built around the applicant.

Why genuine and skilled are not the same question

It is worth separating two things that sponsors frequently blur. The genuine position test asks whether the job is real and needed. The skills assessment and work experience requirements ask whether the applicant can do it. You can satisfy one and fail the other.

A business can nominate a genuinely needed role and still lose if the applicant’s background does not match. Equally, a highly experienced applicant does not save a position that the business cannot justify. Both questions are answered on documents, so both need their own evidence. A skill assessment speaks to the applicant. Financials, contracts, and an honest position description speak to the position.

How to prepare a nomination that survives

The strongest nominations tell a coherent story that a stranger can follow without assumptions. A few practical points.

Describe the position, not the person. The position description should read as a job that the business needs filled, with duties that clearly map to the nominated ANZSCO occupation and a workload that supports full-time hours.

Show the commercial reason for the role. Explain what the business does, how it is growing or operating, and where this position fits. Support that with financial records, client contracts, project pipelines, or expansion plans as appropriate.

Keep the occupation choice defensible. Choose the ANZSCO occupation that genuinely describes the work. If the true role does not fit any suitable occupation on the relevant list, that is a problem to solve at the strategy stage, not to disguise in a position statement.

Budget for the government charges accurately. The standard business sponsorship application carries a charge of $420 (as at 5 July 2026; see the Department’s current visa pricing). Separate nomination charges then apply depending on the stream and period, for example $1,530 for certain shorter nominations by a business with turnover under 10 million dollars (as at 5 July 2026; see the current visa pricing page). Because a refusal on genuineness usually forfeits the nomination charge, getting the evidence right the first time protects real money.

If your nomination has already been refused

A genuine position refusal is not always the end. Depending on the decision, merits review may be available at the Administrative Review Tribunal, and the strength of a review turns on whether the original evidence can be supplemented and explained. Time limits for review are short and strict, so act quickly and take advice before the period closes.

Visa Plan Lawyers advises sponsors and applicants on structuring nominations that meet the genuine position requirement, and represents clients at review when a nomination has been refused. If you are planning a 482 SID nomination or facing a refusal, speak to us through our employer sponsored visas service or read more about the 482 SID visa pathway.

FAQ

Can a 482 SID nomination be refused even when the job is real? Yes. A real job can still fail if the duties do not match the nominated ANZSCO occupation, if the business cannot show it needs the role, or if the documents do not support the position as described. The test is about evidence, not intention alone.

Does a genuine position refusal affect the visa applicant? Yes. An approved nomination is a precondition for the Core Skills and Specialist Skills streams of the subclass 482 visa, so a nomination refusal ends the linked visa application as well.