The TSS (Subclass 482) visa program is meant to help Australian businesses fill genuine skill shortages where suitably skilled Australian workers are not available.
1. The program must not be used to:
“Create a position” primarily to facilitate someone’s entry to (or stay in) Australia (rather than using more appropriate visa pathways); or
Nominate a position that does not truly align with an ANZSCO-listed eligible occupation (e.g. describing a lower-skilled job as a highly skilled role).
2. Factors That May Indicate a Position is Not Genuine
When Case officers review the nomination, they pay special attention if:
- There have been retrenchments in the previous 12 months.
- There has been a reduction of hours for Australian workers over the previous 12 months.
- There has been a reduction in pay or conditions for Australian workers in the previous 12 months.
- Existing temporary visa holders at the same business are on less favourable conditions than Australian workers.
- The business has nominated multiple temporary visa holders in a way that does not match the ordinary scope of its activities.
3. Important Clarifications
The position must be genuine in the context of the nominated ANZSCO occupation.
It is not enough that there is a genuine need for “a worker” in some capacity; rather, the need must match the duties and level of the occupation as listed in ANZSCO.
The question is about whether the occupation itself is what it is said to be, and whether there is a genuine need for that exact type of role in the business.
Most of the nominee’s time should be spent doing the tasks of the nominated occupation.
Only limited or ad hoc tasks outside that occupation are acceptable.
4. Red Flags: Position Potentially Created Just for Migration
If a Case officer suspects the role was created to secure a migration outcome (and sees any of the triggers below), they are encouraged to investigate further:
- The nominee is a relative or personal associate of an officer of the sponsoring business.
- The nominee is a director or owner of the sponsoring business.
- The nominee is already in Australia and their immigration history shows a pattern of “visa hopping” to remain in Australia.
- The business was established very recently (e.g. in the last 3–6 months) with no clear operational rationale other than sponsoring someone.
- The salary is significantly lower than industry standards, or is very high (above AUD250,000) in a way that does not appear consistent with the local labour market.
- The business’s turnover is very small compared to the number (and salaries) of sponsored roles.
- The sponsor has few or no Australian employees.
- There is evidence (or suspicion) that the nominee is paying the sponsor to lodge the nomination.
Note: Self-sponsorship is permitted if there is a real, commercially valid reason for creating the role—not just to provide a pathway to stay in Australia long-term.
5. When the Tasks Don’t Match the Occupation
If the tasks don’t genuinely align with the nominated ANZSCO occupation, Case officers look at:
- The location where the nominee will work.
- Their position in the organisational structure.
- The proposed tasks (day-to-day).
- The tasks performed by current employees in similar roles.
6. When the Position Doesn’t Align with the Business Nature
If it’s unclear how the nominated role fits the business, Case officers will seek more information—particularly if:
- The business’s core activities would not normally require that kind of skilled role.
- The business size or turnover cannot reasonably support the position.
- The sponsor can still justify unusual nominations if they provide credible, verifiable evidence of diversification or new contracts that match the need for the additional or atypical role.
7. Detailed Considerations When Assessing ‘Genuineness’
Factors that Support the Position Being Genuine
- The role is highly skilled with specific tasks in ANZSCO (not a vague, ill-defined job).
- The role clearly fits the scope of the business activities.
- The business can demonstrate it needs new positions, for example due to increased workload, new contracts, or expansion.
- There is evidence the position existed before (and perhaps was held by a previous 457/TSS visa holder or by an Australian citizen/permanent resident).
- The position has been advertised, and the recruitment process was transparent and competitive.
- The sponsor has confirmed the nominee meets any required licensing and registration obligations.
Examples of useful evidence include:
Organisation charts showing where the role fits.
Documentation of the goods/services the business produces and how this role contributes to meeting demand or maintaining/enhancing output.
Proof of increased demand or new business activity (e.g., new or expanded contracts, surge in clientele).
Data on the workforce composition (how many employees are Australian vs. overseas workers).
Records of overtime or increases in overtime in the relevant department indicating a need for more staff.
Key Takeaways for Sponsors and Applicants
Align the role with real business needs: Be prepared to show how the tasks match ANZSCO duties and how the role fits the business’s day-to-day operations and strategic direction.
Provide solid evidence: The more verifiable documents and business-specific explanations you can give, the stronger your case for “genuine need.”
Don’t cut corners on salary or job duties: The tasks must be predominantly those at the skill level expected for the occupation, and the salary must be consistent with the local market rate.
Expect scrutiny if the business is very new, the salary is unusually low or high, or if the nominee has a personal relationship with the sponsor. These do not automatically mean refusal, but they raise questions that must be addressed with credible evidence.
Marketing your position (e.g., external advertising or internal recruitment processes) can help show you have genuinely tried to source local talent and that the role truly exists.
Final Note
The Department’s overarching aim is to confirm that the position is legitimate, and the tasks align with a genuine skills shortage. If you can demonstrate a bona fide commercial need, show realistic duties matching ANZSCO, and meet market salary expectations, you are more likely to satisfy the ‘genuine position’ criterion.