Genuine Position – 457 Nomination Refusal Followed By 457 Visa Refusal

Looking for help with understanding the genuine position criteria for a 457 visa?

Top 3 Things You Must Know About The Genuine Position Criteria

In my experience, I’ve found the 
”Genuine Position” criteria the most problematic criteria to meet when lodging any 457 Nomination Application.

If you don’t get this criterion right from the outset, you should expect a difficult time ahead because it’s quite challenging to change the position metrics, after you’ve already lodged. The result will be a 457 Nomination refusal and what will follow almost in every case is a 457 visa refusal.

One important decision you’ll need to make early if you encounter a 457 Nomination refusal, is whether to withdraw the 457 Visa Application before it also gets refused. BE CAREFUL! It may be more advantageous for you not to withdraw, because appealing may give you a right to a bridging visa, which you may find extremely convenient.

#1 Increased 457 Nomination Refusal Rate For Non – Genuine Positions

Since the introduction of 457 visa reforms in July 2015 there has been a substantial increase in Nomination refusals. The DIBP will likely refuse your application if there is not sufficient evidence provided in relation to the genuineness of a nominated position.

#2 Expect Genuine Position Problem With Certain Occupations

You should expect more Departmental scrutiny if:

1. The proposed occupation is of a managerial nature, however the proposed salary is at the lower end of a market salary band.
2. The proposed occupation is of a general nature such as Marketing Specialist, Program or Project Administrator or Specialist Manager NEC.
3. The proposed occupation is one of the often-abused occupations in the past – these include Customer Service Manager and Restaurant Manager.

#3 The Biggest Success Factor For Establishing A Position Is Genuine

Well prepared submissions and appropriate evidence will always help you in achieving more successful outcomes. In your submissions you might consider comprehensive, not just cursory information about:

– Business structure
– Evidence that the position existed in the past, and has become vacant
– Any evidence of increase in business activities, customers and profits
– Evidence that the position is consistent with the nature of the business
– A very detailed position description

Help With Genuine Position Submissions

So if you are serious about your 457 Visa application then call us today. Our team will help you arrange a meeting or phone conference to advise you fully, whatever your circumstances.

 Although, if you prefer to communicate online, use the red icon on the right-hand corner of your screen.

Also, see our case note example relating to a genuine position for a 457 visa nomination for a marketing specialist.

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal you visa or get help to relodge your Australian visa application or citizenship application.

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