One of the most important — and closely scrutinised — requirements in the Skilled Employer Sponsored Regional (SESR) visa subclass 494 nomination process is whether the nominated position is a genuine position. This requirement exists for good reason: the SESR visa program is designed to help employers fill real, skilled vacancies in regional Australia when they genuinely cannot find suitable Australian workers to fill them. It is not a pathway to be used for creating roles simply to help someone — or their family member — obtain a visa, nor should it be used to nominate positions that aren’t truly skilled or don’t align with the relevant ANZSCO occupation description.
What Does “Genuine Position” Actually Mean?
A genuine position is one that actually exists, is what it claims to be, and involves duties that genuinely match the nominated ANZSCO occupation. To put it simply — the role must be real, and the work must reflect the job title. A straightforward example of what would not qualify: a fundraising business hiring someone to wear an animal costume but nominating them as a Marketing Specialist. The duties simply don’t match the occupation description, and that makes the nomination disingenuous.
Importantly, decision makers are not assessing whether hiring the overseas worker is a smart business decision — that’s not their role. Their job is simply to ensure that the SESR visa program is being used correctly and for its intended purpose.
In many cases, decision makers can accept the employer’s own declaration that the position is genuine, particularly when:
- The role is highly skilled with clear and identifiable ANZSCO tasks
- The position clearly fits within the business’s usual activities
- The business can demonstrate a genuine need for new positions
- The role previously existed and was occupied by someone else
- The position was advertised through open and transparent recruitment processes
Red Flags That a Position May Not Be Genuine
Decision makers are trained to look for warning signs, particularly in cases where the employer has recently employed Australians in similar roles. Circumstances that may raise concern include:
- Staff retrenchments within the last 12 months
- Reduced working hours for existing Australian employees
- Lower pay and conditions offered to Australian workers
- Temporary visa holders being employed under poorer conditions than their Australian counterparts
- Hiring temporary workers beyond what the business actually needs
When a Role May Have Been Created Just for Migration Purposes
A particularly sensitive area is when there are signs that a position may have been created primarily to help a nominee obtain or maintain their visa status in Australia, rather than to meet a genuine business need. If any of the following circumstances apply, decision makers are required to investigate further:
- The nominee is a relative or close personal friend of someone within the business
- The nominee is an owner or director of the sponsoring business
- The nominee is already working for the sponsor in Australia and has a history of trying to remain in Australia across multiple visa types
- The business is very new — for example, only three to six months old
- The salary offered is significantly below industry standards, or unusually high (above $250,000) without clear justification
- The business has low turnover but is offering high salaries
- The business employs few or no Australian workers
- There is evidence that the business has received, or will receive, payment from the nominee in exchange for lodging the nomination
It’s worth noting that self-sponsorship is permitted — for example, a business owner nominating themselves — but these arrangements are subject to particularly close scrutiny to ensure the role is genuinely what it claims to be. Sometimes such arrangements are entirely legitimate, such as an IT entrepreneur relocating their business to Australia.
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Do the Tasks Actually Match the Occupation?
Another key area of assessment is whether the nominee will actually spend the majority of their working time performing tasks that match the nominated ANZSCO occupation. Decision makers look at a range of factors to assess this, including:
- The physical location where the work will take place
- Where the role sits within the organisation’s structure
- The specific tasks the nominee will actually carry out day to day
- What tasks are currently being performed by other employees in similar roles
The concern here is making sure the nominee won’t primarily be performing lower-skilled duties that don’t reflect the nominated occupation. For instance, a very small car wash business nominating a Corporate General Manager would raise serious questions — it’s hard to see how someone in that role would realistically carry out senior executive-level duties in that context. On the other hand, a large company operating many car wash locations nominating a Corporate General Manager for a head office role is a far less concerning scenario.
It’s also important to understand that some degree of specialisation is acceptable — not every job will require the nominee to perform every single task listed in the ANZSCO description. Changes in industry practices that aren’t yet reflected in ANZSCO can also be taken into account.
Does the Role Fit the Nature of the Business?
The nominated occupation also needs to be consistent with what the business actually does. If the role seems out of place given the employer’s activities or the size of the business, further scrutiny may apply. Examples that would raise concerns include a physiotherapy clinic nominating a Landscape Gardener or Multimedia Specialist, or a small restaurant with low turnover attempting to hire a cook at an unusually high salary while already having multiple staff on similar pay.
Again, the question isn’t whether the business needs the role — it’s whether the nominee will genuinely perform the tasks of the nominated occupation within the context of that business.
Evidence That Supports a Genuine Position
When putting together a SESR nomination, employers can strengthen their case by providing supporting documentation that demonstrates the role is real and necessary. Useful evidence includes:
- An organisational chart showing where the role sits within the business
- An explanation of how the position contributes to the delivery of the business’s goods or services
- Proof that the position previously existed (such as previous employment records)
- Evidence of increased business demand that justifies the new or ongoing role
- Records showing increased working hours or workload for existing staff
- Information about the proportion of the current workforce that is Australian
- Evidence of overtime being worked in similar roles
Independently verifiable evidence — such as contracts and purchase orders — carries more weight than generic statements. Business-specific submissions tailored to the actual role will always be viewed more favourably than template or copy-paste responses.
Factors That Work Against a Genuine Position Finding
On the flip side, there are factors that can undermine a genuineness assessment and prompt closer scrutiny:
- The relevant industry is in decline
- The nominated occupation has high unemployment rates
- The employer has reduced pay, hours, or staff numbers in the past year
- Temporary visa holders in the business are employed under poorer conditions than Australian workers
- The business is small but employs many temporary visa holders, or very few Australians
- A managerial role is being offered at an unusually low salary
- The nominated occupation has broad or generic ANZSCO tasks — such as General Manager, Marketing Specialist, or Program/Project Administrator
- The ANZSCO description has been copied word-for-word into the application without any tailoring
- The Department has identified patterns of misuse for the particular occupation being nominated
Full-Time and Long-Term: Two More Key Requirements
Beyond genuineness, the nominated position must also meet two additional practical requirements.
It must be a full-time role. Under policy, this generally means the nominee will work 38 hours per week, or between 32 and 45 hours per week where this is consistent with an applicable industry award or agreement and the National Employment Standards. Cases where the nominee is expected to regularly work more than 45 hours per week should be escalated for further review. Some occupations — like school teachers — operate on different hour structures and may need to be referred for specialist advice.
The position must be likely to exist for at least five years. Employers declare this on the nomination form, and unless there is evidence to suggest otherwise, decision makers can generally accept this declaration at face value without needing to dig further.
Meeting the genuine position requirement is one of the cornerstones of a successful SESR subclass 494 nomination. For employers, being transparent, thorough, and well-prepared with supporting documentation is the best way to demonstrate that the role is legitimate. If you’re unsure whether your nomination meets the standard, consulting with a registered migration agent before lodging can save considerable time and stress down the track.
