Are you planning to work in Australia? If yes, then you must have heard about the Genuine Position Statement. This statement is an essential document that is crucial to your visa application process. In this article, we will discuss some relevant topics related to the genuine position letter or statement in Australia.
What is a Genuine Position?
In Australian immigration law, a genuine position is a position that is:
- Real and not fictitious. The nominated occupation must exist and be necessary for the business to operate.
- Permanent or semi-permanent. The company intends to fill the position permanently or semi-permanently.
- Not filled from the Australian labour market. The employer must have made genuine efforts to fill the position from the Australian labour market before sponsoring a visa applicant.
The genuine position criteria is significant for employer-sponsored visa applications in Australia. This requirement is in place to ensure that the employer-sponsored visa pathways fill genuine positions which the employer has not been able to fill from the Australian labour market.
There are several factors that the Department of Home Affairs will consider when assessing whether a position is genuine. These factors include:
- The nature of the business and its need for the position.
- The skills and experience required for the position.
- The employer took steps to fill the position from the Australian labour market.
- The salary and conditions offered for the position.
If the Department of Home Affairs is satisfied that a position is genuine, it will grant the visa application. If not, the DHA has the discretion to refuse the visa application.
What is a Genuine Position Statement (GPS)?
A Genuine Position Statement (GPS) is a document that is required for specific employer-sponsored visa applications in Australia. The GPS is a written statement that provides information about the position being sponsored and is used to assess whether the position is genuine.
A business must demonstrate that the nominated job is legitimate, relevant to the business activities, and necessary for operating the firm under the Standard Business Sponsorship standards of the Department of Home Affairs (DHA).
Common visas that include a genuine position requirement are the:
How To Write a Genuine Position Statement (GPS)?
The GPS is written by a company representative who is aware of both the significant function that the vacant position plays in the operation of the business and the challenges that the company has encountered in finding an Australian citizen or permanent resident worker to fill the position.
In this section, we will provide some tips and guidelines on how to write an effective Genuine Position Statement. The GPS should be a concise document addressing the following key points:
- The nature of the business and its need for the position.
- The skills and experience required for the position.
- The employer took steps to fill the position from the Australian labour market and adhere to labour market testing requirements.
- The salary and conditions offered for the position.
The GPS should also include any other relevant information that would help the Department of Home Affairs assess the position’s genuineness. Here are some tips for writing a GPS:
- Be clear and concise. The GPS should be easy to read and understand.
- Be specific. The GPS should provide specific details about the position, the skills and experience required, and the steps the employer takes to fill the position from the Australian labour market.
- Be evidence-based. An employer should supply as much supporting evidence such as job advertisements, recruitment records, and salary information.
- Be honest. The GPS should accurately and honestly represent the position and the employer’s efforts to fill the position from the Australian labour market.
Example of Genuine Position Statement (GPS)
In drafting a Genuine Position Statement or Genuine Position Report, you must include all the necessary and relevant details about your business to prove the position is genuine. Here are the sections that you must include in genuine position reports:
Business Overview
In this section, you must include the following:
- the business name, address, ABN/CAN, products/services, and date of incorporation in the tabular format
- the foundation date, the business nature, the philosophy, benefits it offers
- products or services the company offers
- product images, if any
- business location (map description)
Example:
Business Name
Business Name | Sonic Software Services |
Business Address | 15 Shelley Street, Sydney, NSW 2000, Australia |
ABN/CAN | xx xxx xxx xxx |
Products/Services | Software Development |
Date of Incorporation | 29/04/2020 |
Position
This section shall state the details of the position. It covers:
- The nominated position name for which you want to hire a candidate (such as a Software Engineer)
- Australia and New Zealand Standard Classification of Occupation (ANZSCO) code and the unit group for which the position belongs
- Skill level
- Tasks for the job according to ANZCO’s work standards
For example:
“The position we are sponsoring is for a Software Engineer. The successful applicant will be responsible for the following tasks:
- Design, develop, and test software
- Work with other developers and stakeholders to ensure the software meets the requirements.
- Assume a managerial position and direct the development team in all activities related to software development.
- Guarantee that all projects are finished on schedule and to the standards of the company.
ANZCO Code: 261313
Skill level: 1”
Skills, Qualifications, and Experience
The suitable nominee must have the required skills to perform the task effectively. Moreover, one shall possess the qualifications for the intended position, such as a Bachelor’s or Master’s Degree, training attended, certifications, and the like. Lastly, this section must also mention the relevant work experiences required for the position.
For example:
“The ideal candidate will have at least five years of experience in software development. They will have a strong understanding of object-oriented programming and be proficient in Java, Python, and SQL. They will also have experience with Agile development methodologies.”
Terms and Conditions of Employment
An impressive Genuine Position Statement includes the terms and conditions of employment. It states that the nominee is treated equally to an Australian citizen or permanent resident working in the same position or for the same company. This section outlines the following:
- Position description
- Type of Position
- Remuneration
- Weekly work hours
- Annual leave
- Long service leave
The Company’s Need for the Position
This section underlines the relevance of this employment position in your organisation in conjunction with:
- the expansion of the company
- commitment toward customers to give high-value products
- competitions you are facing
- the future available growth opportunities.
Consult a Migration Lawyer
Migration lawyers can help write genuine position statements for employer sponsored visas in several ways. They can:
- Advise on the requirements for a genuine position statement. The Australian government has strict requirements for what constitutes a genuine position. Lawyers can help you understand these requirements and ensure your statement meets them.
- Help you gather the necessary evidence to support your statement. This evidence may include job descriptions, salary offers, and recruitment records. Lawyers can help you gather this evidence and ensure it is presented clearly and concisely.
- Write the statement on your behalf. If you are uncomfortable writing the statement, a lawyer can do it. They can use their legal expertise to ensure the statement is clear, concise, and persuasive.
- Review the statement before you submit it. Once you have written the statement, a lawyer can review it to ensure it is error-free and meets the Australian government’s requirements.
Our migration lawyers at JB Solicitors can also provide general advice on the immigration process and help you navigate complex rules and regulations. We can represent you before the DHA if they refuse your visa application. If you are considering applying for an Australian visa, consult a migration lawyer to help you.
Contact us today.