Do I Meet The Subclass 482 ‘Genuine Position’ Requirement?
There is an abundance of Australian employers seeking to employ foreign workers who come from all parts of the world. The Temporary Skill Shortage (TSS) visa (Subclass 482) has been the most prevalent pathway in doing so as it grants foreign employees up to 2 years of lawful stay in Australia. However, there are certain requirements that both the business and the employee would first have to satisfy before successfully obtaining the SC482 visa.
One of the more challenging requirements that employers commonly face when seeking to nominate a foreign worker under the TSS (subclass 482) visa program is the obligation to prove that the position they are offering is indeed ‘genuine.’
What does ‘genuine’ mean for the Temporary Skill Shortage visa?
Firstly, we would need to understand why this requirement was enacted to begin with. The genuine position requirement aims to protect the local labour market by ensuring a specific job position has not been concocted out of thin air with the sole purpose of securing foreign labour.
With regards to the Department of Home Affairs policy guidelines, the position need not necessarily be “needed” but the existence of such a position in the company must be proven and that the position is indeed what it poses to be.
What are the Subclass 482 Visa key determinants?
In assessing the genuine need for the Nominee of this visa, the decision maker will take a close inspection of several crucial considerations.
Employers would need to showcase they have actively sought to fill the position with Australian workers but were unable to find suitable candidates. This may involve advertising the job and documenting recruitment efforts.
Detailed Job Description
The job position in question would require a clear and thorough description that matches the skills and qualifications listed in the relevant skilled occupation list.
Alignment with Scope of Business
This calls for a comprehensive explanation from employers on how the position fits within their organisation and contributes to their overall goals. This is commonly evidenced by providing proof of business growth, projects, or client demands that necessitate the role.
Remuneration Conditions
The salary and benefits for the position should match or surpass the current market rates, certifying that the role provides equitable working conditions when compared to similar positions in Australia.
The Genuine Position criteria has repeatedly been proven to be a demanding requirement with a high percentage of Temporary Skill Shortage (SC482) visa applications being failed for not meeting this criterion. Due diligence should be paid to showcasing high-quality supporting evidence with each application.
How Can Agape Henry Crux Help
If you are in a situation where your visa application did not succeed, reach out to Agape Henry Crux for any professional legal advice on the TSS Subclass 482 visa. Our Accredited Specialist(s) in Immigration Law and our team of immigration lawyers are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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