All employer sponsored visas require the nominated position to be firstly approved by the Department of Immigration and Border Protection (DIBP)
For all sponsored visa applications, the nominating employer is required to demonstrate there is a genuine need for that position within their business.
This provision may seem obvious to employers when lodging applications, however this seemingly innocuous criteria has increasingly become a ‘tripping point’ with a high number of Nomination applications failing with the Department over the past 12 months.
Failing to understand how this provision is interpreted by the Department assessing officers could mean you application is refused or delayed considerably by request for further information.
There has been a high number of Requests for Further Information from the Department issued in recent months. Even if you have previously lodged and had a nomination approved in the past, you will find any new applications heavily scrutinized by the Department.
The key reasons applications fail or require additional information (which delays processing) can be all of some of the following:
- Position is deemed not required to be Full time
- Position is in a lower skilled bracket then the nominated occupation
- The tasks of the position do not align, or at least substantially align, with the tasks that are outlined for the position in the ANZSCO
- The position is better suited under a different occupation code
- the position is inconsistent with the nature of the business
- Self-Sponsorship by owner of the business
- Business is relatively new, only operating in Australia for less than 12 months
Simply stating in your application, you need the nominated position to be full time, or that the role is required in your business doesn’t necessarily mean the Department will agree.
For example, a cook or chef is a good nomination for a restaurant, you can argue this is vital to the running of this restaurant whereas if you nominate an accountant or tradie you can see how DIBP will have trouble deeming this as genuine.
Certain occupations are given higher scrutiny by the Department, and thus require more supporting evidence to demonstrate clearly the genuine need for your nominated occupation.
The following occupations are currently receiving more attention from DIBP
- Café or Restaurant Manager
- Customer Service Manager
- Accountants and Marketing Specialists, and
- Program or Project Administrator
Self- Sponsoring or sponsoring someone related to the employers has also become quite difficult with recent changes to Department Policy. In these cases the Department may suspect the nominated position has been created purely to secure an migration outcome and is not a genuine position.
DIBP look at the following factors when determining as to whether there is a genuine need
- The location and size of the business
- Have they sponsored before
- The scope of the business – what is the core business
- Is the nominee related to any parties of the employer
- Are they any other people employed in this occupation/role already?
- What are the nominated tasks/roles for the position? Do they align with the ANZSCO code description.
Possible things you can do to demonstrate genuine need
- if a nominated position has recently been occupied by a 457 visa holder or Australian – make this clear in the application.
- highlight any recruitment attempts with supporting evidence
- Provide more detail when explaining how the position can be linked to a highly skilled occupation with examples.
- Provide more detail to demonstrate the position fits clearly with the scope and nature of the business
- provide evidence that the business requires a new position.
As Registered Migration Agents, we can help you navigate the immigration laws and advise on how we can expect those laws to be applied in practice. Contact us at firstname.lastname@example.org or 08 7226 2225 to book your initial consultation today.