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No Genuine Position, No Work Visa

The Department of Immigration is cracking down on the ‘genuine position’ criteria of work visa applications.

Work Visas are intended to assist employers to fill gaps in their labour force where they cannot find a suitable Australian citizen/permanent resident to do so. If the Department suspects that a position has been created just to secure your residency in Australia, you are in trouble!

It is always best to seek professional assistance at the outset of a Work Visa application as once documents have been submitted to the Department they cannot be taken back! Any information that is submitted to the Department that is not consistent with your claim of a genuine position can and will be used against you. If you are inexperienced in Work Visa applications, you may inadvertently submit information that doesn’t help your case.

In assessing the genuineness of a position nominated, the Department examines things such as the size of the business, the number of staff, the organisational structure and the tasks the visa applicant would perform. Unfortunately, certain positions have a high rate of refusal including:

  • Customer Service Managers;
  • Sales and Marketing Managers;
  • Contract Administrators;
  • Marketing Specialists;
  • Market Research Specialists;
  • Retail Buyers;
  • Accountants;
  • Liaison Officers;
  • Retail Managers;
  • Supply and Distribution Managers; and
  • Transport Company Managers.

If you are applying for a Work Visa in one of these occupations you need to be particularly careful!

At The Migration Place, we have helped many clients navigate the ‘genuine position’ criteria and successfully secure their Work Visa applications. Contact one of our experienced migration lawyers today to secure your Work Visa!

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