Can family members be sponsored by a family business?

Yes, but these nominations receive heightened scrutiny. The Department will look carefully at whether the position is genuine and whether the nominated salary reflects what an arm's-length employee would receive. Comprehensive documentation is essential.

What if our business is new?

New businesses can sponsor workers, but the absence of trading history makes it harder to demonstrate genuine operational need. The Department will look at business plans, executed contracts, and other evidence of genuine commercial activity.

Does the position have to be exactly as described in the ANZSCO?

The nominated duties must substantially align with the ANZSCO descriptor — they do not need to match word-for-word, but the core duties must be consistent. Roles that blend two ANZSCO codes may require a careful assessment of which code is most appropriate.

Can a position be refused even if we have done LMT?

Yes. Labour Market Testing (LMT) and the genuine position test are separate requirements. Satisfying LMT does not mean the genuine position test is automatically passed. Both criteria must be met independently.

What happens if a nomination is refused on this ground?

If a nomination is refused because the genuine position test was not satisfied, the employer may re-lodge a new nomination with stronger evidence. There is no merits review of nomination refusals — they cannot be reviewed by the Administrative Review Tribunal. It is therefore important to get the documentation right before the initial lodgement.

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Subclass 482 NominationDepartment Assessment · Key Criterion

Genuine Position Test
for 482 Nominations

When an employer nominates a position for a subclass 482 visa, the Department of Home Affairs assesses whether the position is a genuine vacancy — meaning a real, continuing business need, not created to facilitate a visa outcome.

General information current as at August 2026. Requirements are subject to change — verify with the Department of Home Affairs before lodging.

The Short Answer

The genuine position test requires the employer to demonstrate that: (1) the position genuinely exists in their business; (2) the duties match the nominated ANZSCO occupation; (3) the position reflects genuine business operations; and (4) it is not created solely or primarily to help a specific person obtain a visa. Nanak Migration Group (MARN 2619467) can review your nomination documentation to ensure the genuine position criterion is well supported before lodgement.

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Reviewed by Navpreet Aulakh, Registered Migration Agent (MARN 2619467)

Last reviewed: July 2026

Overview What is Assessed Evidence Common Issues FAQ Related

Mandatory

Assessed on every nomination

Every subclass 482 nomination is assessed against the genuine position criterion — there are no exceptions.

ANZSCO match

Duties must match the occupation

The actual duties of the role must correspond to the ANZSCO description for the nominated occupation.

High-risk

Common refusal ground

Failure to satisfy the genuine position test is one of the most common reasons for nomination refusal.

Evidence-based

Documentation is essential

The stronger the documentation of business need, the better the nomination is supported.

Assessment

What the Department Assesses

The Department considers multiple factors when evaluating whether a position is genuine. Each factor is considered in the context of the overall nomination.

Does the position exist?

Is there a current vacancy or identifiable business need? The Department will look at evidence of business activity, contracts, revenue, and staffing structure.

Is the position full-time and ongoing?

Casual or project-based positions may face greater scrutiny. The role should represent a genuine, continuing part of the business.

Do the duties match the ANZSCO occupation?

If the duties described in the nomination don't align with the ANZSCO description, the Department may refuse on the grounds that the nominated occupation is incorrect.

Is the salary consistent with the role?

A salary significantly above or below market may prompt questions about whether the position is genuine or structured around a specific candidate.

Is there a pre-arranged candidate?

Having identified a candidate in advance is not itself a problem — the issue is whether the position was created for the candidate rather than reflecting genuine operational need.

Documentation

Evidence to Support a Genuine Position

The following types of evidence can help establish that the nominated position reflects genuine business need. This list is indicative — your specific case may require additional or different documents.

Organisational chart showing where the position sits in the business structure

Position description with detailed duties and responsibilities

Evidence of business activity: contracts, client agreements, trading records, financial statements

Evidence of prior attempts to fill the role (relevant to LMT compliance too)

Any previous employment in the same or similar position by Australian workers

Payroll records for existing staff in comparable roles

Watch out

Common Issues That Trigger Refusal

Nominations that share these characteristics are at greater risk of refusal on the genuine position ground. Address each of these potential issues before lodgement.

Duties that are generic or don't match the ANZSCO descriptor

No evidence of prior attempts to fill the role

Business is newly established with no trading history

The nominee is a family member or co-director of the sponsoring business

The position is classified as a different occupation on other documents (e.g. different job title on website or tax documents)

Position duties span two or more ANZSCO occupations without proper justification

Questions

Frequently Asked Questions

Get your nomination documentation right the first time

Nanak Migration Group (MARN 2619467) reviews 482 nomination packages to identify gaps in genuine position evidence before you lodge.

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General information only — not immigration advice

About this information

This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.

No outcome representation

Nanak Migration Group Pty Ltd makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.

Get personal advice

Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.

Information current as at August 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.

Genuine Position Test
for 482 Nominations

General information current as at August 2026. Requirements are subject to change — verify with the Department of Home Affairs before lodging.

The Short Answer

What the Department Assesses

Evidence to Support a Genuine Position

Common Issues That Trigger Refusal

Frequently Asked Questions

Related Pages

Get your nomination documentation right the first time

What the Department Assesses

Evidence to Support a Genuine Position

Common Issues That Trigger Refusal

Frequently Asked Questions

Related Pages

Get your nomination documentation right the first time