For employers · Nominations · Genuine position
What Home Affairs looks for in a genuine position
Every 482 and 186 nomination must show the position is genuine. Home Affairs has released its own decision-maker guidance on this under freedom of information. Here is what it says decision makers weigh, and what that means for the evidence an employer prepares.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed on 11 November 2026 · Check the OMARA register
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Legal test
- Reg 2.72(10)(a) (482)
- Question asked
- Is the role real and authentic?
- Documents required
- None prescribed
- Extra scrutiny
- Relatives, owners, new businesses
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About the CPD →What supports a genuine position
The Home Affairs nomination training material released under FOI lists three supporting factors:
- ANZSCO and business fit: the position clearly fits the ANZSCO (2022) description of the occupation and the business's activities.
- How the role came about: evidence shows how the position was created, such as business expansion.
- An open recruitment process: the position was advertised through a transparent labour market testing process.
What counts against it
- The position was created to secure a migration outcome.
- The tasks do not align with the ANZSCO description of the nominated occupation.
- The position is not consistent with the nature of the business. The guidance's own example is a landscape gardener nominated by a physiotherapy practice.
- Several people appointed to the same role, where the numbers look out of proportion to the business. The guidance tells decision makers to assess this.
- A nominated salary inflated to reach the Specialist Skills stream threshold.
The guidance also says decision makers should consider how roles change with technology (digital transformation), and that a refusal must weigh the evidence for and against the position.
When Home Affairs looks more closely
Decision makers can generally take the sponsor's statements at face value where no concerns arise. The guidance calls for further assessment where:
- the nominee is a relative or associate of the sponsor, or an officer, director or owner of the business (see sponsoring a relative);
- the business is new and appears to have been set up to nominate the nominee.
It is not a test of whether the decision to hire makes good commercial sense. The question is whether the role is real, not whether it is wise.
Patterns we see in practice
General patterns from nominations we prepare and refusals we review, never any one client's case:
- The position description is the ANZSCO text pasted in. It shows the role fits ANZSCO on paper but not what the person will do in this business. Describe the actual work, then map it to the occupation.
- The documents tell different stories. The organisation chart, the contract, the description and the job ads give different titles, hours or reporting lines. Decision makers read the pack together.
- No account of why the role exists now. A new contract, a second site, longer opening hours or a departing employee each explain a vacancy; say which, with evidence.
- The role is out of scale. A small business nominating a manager who would manage nobody, or a third person into a role two people already do part-time, invites the overuse question.
- The ads and the nomination do not match. An ad for a different title, salary or skill level weakens the transparency factor as well as the labour market test.
Worked example (illustrative only): a two-site physiotherapy practice nominates a practice manager. Weak version: the position description repeats the ANZSCO text and the organisation chart shows no one reporting to the role. Stronger version: the description lists the actual work (rosters for 9 staff across both sites, billing and compliance), the chart shows those reporting lines, and a lease and staff records show the second site opened this year, which is why the role exists now. Same role; only the second is evidenced the way the guidance asks.
Sources
Last checked on 11 November 2026: Home Affairs FOI release FA 25/05/00465 (nomination genuineness guidance) · Migration Regulations 1994, reg 2.72 · Home Affairs: nominating a position. The FOI documents are internal guidance as released in 2025; the law is the regulation, and guidance can change.
Have the position checked before you nominate
In a sponsor consultation Keshab Chapagain (MARN 1576536, registered since 2015) looks at the role, the business and the documents against these factors and tells you where the gaps are. A$330 inc. GST for 30 minutes or A$550 for 60 minutes, credited in full if you engage the practice. No outcome can be promised.
In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).
General information, not migration advice.
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Keshab Chapagain, registered migration agent (MARN 1576536), reads your situation with you and tells you which route fits, what it costs and what happens next.
Video consultation. A$330 inc. GST for 30 minutes, credited in full if you go ahead. Advice on your own case is given in the consultation, and you leave it with a clear plan in writing.
What you get
- 30 minutes (A$330) or 60 minutes (A$550) by video with a registered migration agent, Keshab Chapagain, MARN 1576536.
- A written summary of your options and next steps after the session.
- What to bring: ABN, what the business does, the role and salary, the candidate’s CV and current visa.
- Prefer no call? The sponsorship readiness check is done in writing, A$550.
Book an employer sponsorship consultation — A$330 inc. GST, credited In writing, no call — A$550
Need 60 minutes, or bringing a partner, employer or documents to go through? Extended consultation, A$550 inc. GST.
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Questions we get asked first
What does Home Affairs look for in a genuine position?
A real, authentic role the business needs: duties that fit the ANZSCO occupation and the nature of the business, evidence of how the position came about (for example expansion), and a transparent labour market test. Its guidance says a position created to secure a migration outcome is not genuine.
What documents prove a position is genuine?
Home Affairs guidance says no particular documents are required. Decision makers generally accept the sponsor's statements at face value where no concerns arise, and ask for more when something does not fit. Useful evidence includes an organisation chart, a position description written for the business, and evidence of growth or of the vacancy.
Does Home Affairs judge whether hiring makes commercial sense?
No. The guidance says the test is not whether the decision to hire makes good business sense. It asks whether the position is real and consistent with what the business does.
Is a relative or a business owner looked at more closely?
Yes. The guidance calls for further assessment where the nominee is a relative or associate, or an officer, director or owner of the business, and where a new business appears to have been set up to nominate the nominee.
Can a genuine position refusal be avoided?
The risk can be reduced, not removed. A position that fits the business, a description written for it, consistent documents and an open labour market test address the factors the guidance lists. No registered agent can promise an outcome.
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