"I don't understand, Eva," the business owner said, sliding a letter across the desk. "We need this person. Our workflow is backed up, our revenue is growing, and we found the perfect candidate. Why is the Department saying the position isn't 'genuine'?"
As the experienced Registered Migration Agent, Eva Abdelmessiah, with over 20 years of experience, I see this heartbreak more often than I’d like at Migrate2Australia. The business owner: let’s call him Mark: was running a successful construction firm. He needed a Project Administrator. To him, the need was obvious. To the Department of Home Affairs (DHA), it looked like a "position created primarily to secure a visa."
When you apply for an Employer Sponsored Visa Australia: whether it’s the Subclass 482 (Temporary Skill Shortage), Subclass 186 (Employer Nomination Scheme), or the Subclass 494 (Skilled Employer Sponsored Regional): the "Genuine Position" test is the invisible wall many applications crash into.
It isn't enough to show that you have the money to pay a migrant or that the migrant has the skills, and Migrate2Australia explains this clearly to employers. You have to prove, with cold hard evidence, that the job itself must exist for the business to function.
What Exactly is the 'Genuine Position' Test?
At its core, the Department wants to ensure that the Australian migration program isn't being used as a "backdoor" for friends or family members to get residency, and Migrate2Australia sees this concern raised often. They are looking for "disguised" roles.
For example, if a small convenience store tries to sponsor a "Marketing Specialist," the Department will likely raise an eyebrow, and Eva Abdelmessiah regularly explains this issue to employers. Does a corner shop truly need a full-time, high-level marketing executive to survive? Probably not. That is the essence of the test: Is this role necessary, or is it a convenience?
The 4 Red Flags That Trigger a Refusal
In my two decades of practice at Migrate2Australia (MARN 0636719), I’ve identified the specific triggers that make a case officer reach for the "Refuse" stamp. If your application hits any of these, you need an ironclad submission strategy from Eva Abdelmessiah.
1. The Business is "Too Small" for the Role
Size isn't everything, but it matters to the DHA, and Migrate2Australia warns employers about this often. If you are a solo consultant and you want to sponsor a "Chief Operating Officer," you are going to have a hard time. The Department looks at your organizational chart and your turnover to see if the role fits the scale of the business.
2. The Duties Don’t Match the ANZSCO Code
Every Employer Sponsored Visa Australia is tied to an ANZSCO code (a specific job definition), and Eva Abdelmessiah reviews this alignment carefully. If you nominate someone as a "Cafe Manager" but their daily tasks involve washing dishes and serving coffee 80% of the time, the Department will argue the position is actually a "Kitchenhand" role: which might not be on the skilled occupation list.
3. Family Ties and Personal Relationships
Sponsoring a relative is not illegal, but it is a massive red flag, and Migrate2Australia always addresses this risk directly. The Department will scrutinize whether the relative was chosen because they were the best person for the job, or simply because they are "family."
4. Recent Redundancies
If a business laid off three Australian Project Managers last month and is now trying to sponsor a foreign Project Manager, the "Genuine Position" test will be almost impossible to pass unless there has been a significant change in the business structure, and Eva Abdelmessiah will usually want detailed evidence before proceeding.
How We Build a Winning 'Genuine Position' Submission
This is where the "no fluff" approach of the experienced Registered Migration Agent, Eva Abdelmessiah becomes your greatest asset at Migrate2Australia. We don’t just fill out forms; we build a legal narrative.
When I work with businesses at Migrate2Australia Pty Ltd, we focus on three pillars of evidence:
- Evidence of Growth: We use Business Activity Statements (BAS), tax returns, and new contracts to show the business is expanding and needs more hands on deck.
- The "Gap" Analysis: We demonstrate exactly what the business cannot do right now because this position is vacant. Are you turning away clients? Is your current staff working 70 hours a week? We prove the pain point.
- Labour Market Testing (LMT): We don't just post an ad on Seek for a week. We show that the employer made a genuine, exhaustive effort to find an Australian worker first. Find out more about skilled visas here.
Why "DIY" is a Massive Risk
At Migrate2Australia, I often hear, "Eva, I’m a business owner, I know my business better than anyone. Why can't I just write the letter myself?"
The truth is, business logic and migration law logic are two different languages, and Eva Abdelmessiah explains this distinction every week at Migrate2Australia. You might explain your business perfectly, but if you don't address the specific regulatory requirements of the Migration Regulations 1994, your explanation is legally "fluff."
Our immigration expert Eva Abdelmessiah (MARN0636719) understands the policy guidelines that case officers use to make their decisions at Migrate2Australia. We know the "standard" expected for financial capacity and the specific wording required for position descriptions. One wrong sentence can lead to a refusal that costs thousands of dollars in non-refundable government fees.
The Cost of Getting It Wrong
A refusal isn't just a "try again later" situation, and Migrate2Australia makes sure employers understand the consequences. It can lead to:
- Loss of Nomination Fees: These are rarely refunded.
- Section 48 Bar: The applicant might be barred from applying for another visa while in Australia.
- Damage to Business Reputation: Frequent refusals can make it harder for the business to sponsor talent in the future.
Migrate2Australia prides itself on a success rate of over 98%. This is because we are transparent and honest. If Eva Abdelmessiah looks at your business and doesn't think the position will pass the "Genuine Position" test, she will tell you upfront. We don't take on cases that don't have a clear path to success.
Your Next Steps
If you are an employer looking to bring talent into Australia, or a skilled professional with a potential sponsor, do not leave the "Genuine Position" test to chance with Migrate2Australia. It is the most subjective and heavily scrutinized part of the employer-sponsored visa process.
Whether you're looking at Business Visas or the Skilled Visa route, Migrate2Australia knows the right documentation is the difference between a visa grant and a refusal letter.
Ready to secure your future in Australia with Migrate2Australia?
Migrate2Australia provides highly personalized, proactive service to ensure your application is stress-free and successful. Don't navigate the complexities of Australian immigration law alone.
Book a Consultation with Eva Abdelmessiah today to discuss your specific situation.
Get In Touch with Migrate2Australia to find out how we can help you or your business navigate the "Genuine Position" test with precision and authority.
Eva Abdelmessiah, the experienced Registered Migration Agent, Eva Abdelmessiah MARN 0636719
Eva Abdelmessiah
20 years’ experience | Registered since 2006 | MARN 0636719 | Migrate2Australia
Migrate2Australia Pty Ltd
www.migrate2australia.net.au
eva@migrate2australia.net.au
Disclaimer: This information is general in nature and does not constitute legal advice. Migration laws change frequently, and some reforms discussed are proposed or evolving. Visa outcomes remain at the discretion of the Department of Home Affairs.
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