Core Purpose of the TSS ‘Genuine Position’ Criterion 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: 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: 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: 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: 7. Detailed Considerations When Assessing ‘Genuineness’ Factors that Support the Position Being Genuine 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.
