Genuine Position
The position offered to the visa applicant (nominee) must be genuine – not something created just to help the applicant apply for a visa. In other words, the employer must have a genuine need for such a full-time position for further business development and/or expansion.
What happens sometimes is the employer receives secret benefits/payments from the visa applicant who wants sponsorship in order to apply for employer sponsored visa (e.g. Subclass 482, 186 visa) and PR. This is strictly not allowed and can result in a visa refusal.
The Immigration decides whether it’s a genuine position based on:
- Whether the job duties and skills of the position are consistent with those for the nominate occupation listed in ANZSCO
- Whether the offered position is consistently with the nature of the employer’s business. It’s critical that the position fits within the scope and scale of the business. For example, if a grocery store wants to sponsor an engineer, the application is likely to be refused. If a small restaurant wants to sponsor 10 cooks, this can result in an easy application refusal too.
- Whether the employer has retrenched anyone, especially in the nominated occupation, in the previous 12 months;
- Whether working hours for Australian workers have been reduced during the previous 12 months;
- Whether salary of Australian workers have been reduced within the previous 12 months;
- The ratio of the number of Australian/permanent resident works to that of temporary visa holders within the business
