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You would like to nominate a position for a 457 visa - do you have a Genuine Need?

Written By Michael Walker
Fri, Oct 16, 2015
Michael Walker

If you are a Department of Immigration and Border Protection (DIBP) approved Employer Sponsor, you may have experienced the nomination application process, where you seek to nominate a position within your business, which you would like to fill with a candidate that you choose to sponsor for a 457 visa.

This process, over the life of your approved sponsorship, may have processed relatively easily in the past.  However, more recently, at TSS Immigration, we are experiencing more hurdles to overcome in this process.

More often than not, we are seeing requests from DIBP assessing officers, which request that submissions be provided, which demonstrate the employer sponsors’ need to fill the nominated position with a sponsored 457 visa worker.  Such requests are termed as ‘Genuine Position’ letters.

But what do these requests really mean?  What is the DIBP actually asking for?

These requests are particularly prevalent, with regards to nomination applications being lodged for hospitality occupations.  Unfortunately, the DIBP tend to view all industry sectors the same way and apply their assessment template in a rigid manner, seemingly without researching the factors which may apply in a particular industry sector.  Of course, hospitality businesses do not operate Monday to Friday; 9am to 5pm.  As obvious as this sounds, this fact needs to be highlighted in any submissions made, to address the ‘Genuine Position’ request.

In cases where the DIBP request evidence of the nominated position being a ‘Genuine’ position, it is extremely important that a clear strategy be developed and submissions be constructed, so that the nominations made be given the best chance of success.

At TSS Immigration, our registered Migration Agents have a great deal of experience and expertise in this regard. Please feel free to call us to speak to one of our registered practitioners on (03) 9421 1020, who would be happy to assist you.

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