MEETING THE 'GENUINE NEED' REQUIREMENT


Are you applying for any of the following Employer Sponsored Visas?

  • Temporary Skill Shortage (TSS) (subclass 482)
  • Employer Nomination Scheme (ENS) visa (subclass 186)
  • Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)

 

It is a discretionary power of case officers to re-assess the genuine position and genuine need criteria for subclass 186/187 visa applications for cases where the visa applicant currently holds a 457 or TSS visa. An assessment that a position is “genuine” made during the course of a 457 or TSS nomination is not binding upon a future subclass 186/187 nomination.

 

Supporting documentation must identify and justify a continued and genuine need for the sponsor company to employ the Applicant in the nominated ANZSCO position.

 

The role the Applicant will carry out must closely correspond to the nominated occupation.

 

The supporting documents can determine if this genuine need requirement is met, if they evidence that the position is required to be filled in order for the company to increase and expand future business activity.

 

Types of this evidence may include:

o   An Organisational Chart;

o   Detailed and quantifiable plans for future expansion;

 

If the Department is not satisfied that nominated position does not genuinely fit the ongoing business activity of the employer, they may investigate!!

 

The Department may ask questions such as:

Is the sponsoring business’s industry not doing well?

 Has there been any retrenchment over the last twelve (12) months of other employees, including Australian workers in the nominated occupation or similar occupation?

 Has there been a reduction in the hours or pay or conditions during the last 12 months for other employees, including Australian workers, in the nominated or similar position?

 

 If you are considering making an employer sponsored visa application, Legal Migration Services are highly knowledgeable in giving advice to ensure the Sponsor Company supplies the necessary supporting documentation to meet the Genuine Need Requirement.

 

Contact one of our highly experienced and successful Registered Migration agents on 9261 1388 or email us at info@legalmigrationservices.com