Why 482 SID nominations fail on the genuine position requirement

A subclass 482 Skills in Demand (SID) nomination can be refused even when the job is real and the worker is well qualified. The usual reason is 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. That test examines particular things, and a nomination that holds up is prepared with them in view.

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 and a full-time position (regulation 2.72(10); the full-time requirement can be waived where reasonable, 2.72(10A)).

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 rescue a nomination that fails on genuineness. The nomination is assessed on its own evidence.

Because an approved nomination is a precondition for the visa, a genuine position refusal ends the linked visa application as well. The applicant gets no second chance to argue the point on the visa; the question is decided at the nomination stage.

What the Department checks

The genuine position assessment looks past the job title to the substance of the role. In our work with 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 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 when a business picks the closest available occupation rather than the one that describes the work, or when the position statement is padded with duties from a higher-skilled occupation to fit the list. If the role sits awkwardly between two occupations, resolve that before lodging.

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 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 refuses where the evidence suggests the job was built around the applicant.

Why genuine and skilled are separate questions

Sponsors frequently blur two things. 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. It is possible to satisfy one and fail the other.

A business can nominate a 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.

Describe the position, not the person. The position description should read as a job the business needs filled, with duties that 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 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 rather than 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 cost of sponsoring page). The nomination charge for a 482 SID nomination is a flat $330 (as at 25 September 2026; see the Department’s cost of sponsoring page). The Skilling Australians Fund levy is a separate charge paid with the nomination: $1,200 for each year of the nomination period for a business with annual turnover under $10 million, or $1,800 per year otherwise, under the Migration (Skilling Australians Fund) Charges Regulations 2018. A one-year nomination by a small business therefore attracts $1,530 in government charges before the visa application charge, and a four-year nomination $5,130. A refusal on genuineness usually forfeits the nomination charge (Home Affairs does not refund application charges if the application is not successful; the SAF levy has its own refund rules), so getting the evidence right the first time protects real money.

If your nomination has already been refused

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 through the firm’s nomination refusal appeal service 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.

General information only, current at the date shown. It is not legal advice on your situation. To get advice on your matter, book a consultation.