Genuine Position 457 Visa Requirement

If you are a skilled worker looking for a job in Australia, then you need to know about the Genuine Position 457 visa requirement. A Genuine Position Statement is a requirement for employer-sponsored visa applications in Australia. This includes the subclass 457 visa, which has been replaced by the subclass 482 visa. Read this article if you want to know genuine position grounds and other legal implications of 457 visa requirements.

The TSS or 482 Visa

The Temporary Skill Shortage (TSS) visa subclass 482 allows skilled workers to come to Australia and work for an approved business for up to four years. The TSS visa has three streams and each stream has its own set of requirements and eligibility criteria:

• Short-Term, 
• Medium-Term, and 
• Labour Agreement.

Overview of 482 Visa Requirements

The requirements for the Temporary Skill Shortage (TSS) visa subclass 482 in Australia vary depending on the stream under which you are applying. Here are the general requirements for each stream:

1. Short-Term Stream:

• Your employer must nominate you for a nominated position on the Short-Term Skilled Occupation List (STSOL).
• You must have at least two years of work experience in the nominated occupation.
• You must have a valid passport and identification.
• You must provide evidence of your experience and qualifications (A formal skill assessment can prove this).
• You must meet the English language proficiency requirement.
• You must have health insurance.

2. Medium-Term Stream:

• Your employer must nominate you for a position on the Medium and Long-Term Strategic Skills List (MLTSSL).
• You must have at least two years of work experience in the nominated occupation.
• You must have a valid passport and identification.
• You must provide evidence of your experience and qualifications.
• You must meet the English language proficiency requirements.
• You must have health insurance.

3. Labour Agreement Stream:

• Your employer must have a labour agreement negotiated with the Australian Government.
• Your occupation must be included in the labour agreement.
• The occupation must have passed labour market testing requirements
• You must have a valid passport and identification.
• You must provide evidence of your experience and qualifications.
• You must meet the English language proficiency requirements.
• You must have health insurance.

Here are some common roles for a 482 visa applicant:

• Cafe or restaurant manager
• Accountants and marketing specialists
• Program or project administrators or specialist managers
• Customer service manager
• Business owner or company officer

In addition to these requirements, your employer must also meet certain criteria, such as being legally operating their business in Australia and having a standard business sponsorship.

What Is a Genuine Position Statement?

Another important requirement is that such a position applied for by the worker must be a genuine position. 

One of the requirements for the 482 visa is the Genuine Position Statement (GPS). This is a document that demonstrates the authenticity of the position being offered by the employer and its importance to the scope and profitability of the business.

The GPS is used to ensure that the position being offered is genuine and not created solely to obtain a visa.

To demonstrate a Genuine Position, employers must provide evidence that the position is highly skilled, with specific tasks outlined in ANZSCO (Australian and New Zealand Standard Classification of Occupations).

The position must also be associated with a nominated occupation in a TSS application and must be genuine.

Genuine position criteria that add weight to an assessment that the position associated with the nominated occupation is genuine include the following:

• The position is a highly skilled position with specific tasks outlined in ANZSCO (as opposed to a generalist ill-defined role).
• The position description is consistent with the nature and scope of the business.
• The position is consistent with the size and nature of the business.
• The position is consistent with the business’s future plans.
• The position cannot be filled by the local labour market

In conclusion, a Genuine Position Statement is a crucial requirement for employer-sponsored visa applications in Australia, including the subclass 457 visa, now the subclass 482 visa. Employers must provide evidence that the position being offered is genuine and not created solely for the purpose of obtaining a visa. 

To have a deeper understanding of GPS, here’s a more comprehensive discussion about the visa. 

Importance of Demonstrating Genuine Position 457

Demonstrating a genuine position is of utmost importance when applying for a Temporary Skill Shortage (TSS) visa subclass 482. 

Here are the key reasons why it is crucial to address the genuine position requirement:

1. Visa Application Success. A genuine position is crucial to a 482 visa application’s success. Meeting this condition boosts your chances of getting a visa and working in Australia.
2. Compliance with Immigration Regulations. The genuine position requirement ensures that the TSS visa program is used to address genuine skill needs in the Australian labour market. By demonstrating a genuine position, you show that your employment is not a means to bypass immigration regulations but rather a legitimate opportunity.
3. Alignment with Business Activities. To meet the genuine position requirement, the position you are nominated for must fit clearly within the scope of the activities of the business. This ensures that the position aligns with the nature and objectives of the employer’s operations.
4. Evidence of Need. Demonstrating a genuine position involves providing evidence that the position is necessary for the business and contributes to its scope and profitability. This requirement ensures that the position is not created solely for the purpose of obtaining a visa but is genuinely required by the employer.
5. Compliance with Nomination Stage. Addressing the genuineness of the position is crucial during the nomination stage of the visa application process. The narrative of the nomination, including the genuine position statement or letter, provides the foundation for demonstrating the authenticity of the position.

Therefore, demonstrating a genuine position is essential when applying for a TSS visa subclass 482. By meeting this requirement, you not only comply with immigration regulations but also increase your chances of obtaining the visa and pursuing your employment goals in Australia. 

Want to Know More About the Genuine Position 457?

Seeking professional assistance from registered migration agents or law firms experienced in employer-sponsored visas can greatly help in preparing a strong genuine position statement. 

JB Solicitors’ expertise ensures that the statement effectively addresses the genuine position requirement, increasing the likelihood of a successful visa application. Our migration lawyers will assist you with all your visa needs.

Contact us today.