A job title alone won’t get an employer-sponsored nomination across the line. The Department of Home Affairs requires substantive evidence under Regulation 2.72(2) of the Migration Regulations 1994 (Cth) to confirm that the nominated position is genuine, necessary, and integral to the business—not merely a convenient pathway for migration.

Here’s the crucial point: it isn’t enough to state that a position exists. The nomination must show why it is essential, how it aligns with business operations, and that it is not an artificially created role. That’s where Australian Paralegal Services comes in. Under your direct supervision, we craft compelling reports that move beyond generic descriptions—presenting evidence that solidifies the genuine need for the nominated role while maintaining full regulatory compliance.

Key Components of the Genuine Position Report

Our reports provide a structured evidentiary framework, ensuring that the nominated position is justified through:

1. Evidence That the Position Fits Within Business Operations
   • A comprehensive assessment proving the role’s necessity within the scope and scale of the employer’s operations.
   • Demonstration that the position is essential for business continuity, efficiency, or expansion.
2. Business Background
   • Overview of the nominating employer, including business model, industry relevance, and workforce composition.
   • Financial standing and growth trajectory, reinforcing the long-term operational need for the position.
3. Nominating Employer Information
   • Confirmation that the employer holds the legal right to appoint personnel.
   • Proof that the employer fulfills statutory obligations, including:
     • Salary payments and entitlements (annual leave, sick leave).
     • Workplace health and safety compliance.
     • Workers’ compensation coverage.
4. Scope, Scale & Operational Necessity
   • Explanation of how the role supports business structure, workflow, and market demand.
   • Evidence that the position is critical for sustaining operations or meeting industry standards.
5. Recruitment Practices & Labour Market Testing Compliance
   • Assessment of adversity in local hiring and employer efforts to recruit domestic applicants before nominating a foreign worker.
   • Reference to section 140GBA of the Migration Act, reinforcing transparent recruitment processes.
6. Position Requirement & Sponsorship Necessity
   • Detailed discussion of how the nominated role cannot be filled adequately by Australian workers.
   • Supporting documentation outlining industry demand, skill shortages, and employer necessity.
7. Sub-Regulation 2.72(10)(a) – Establishing Genuine Need
   • Structured justification that the nominated occupation meets regulatory criteria.
   • Alignment with ANZSCO classifications, ensuring role eligibility and compliance.
   • Example: Painting Trades Worker (ANZSCO Code: 332211), demonstrating an exact match between job duties and ANZSCO role definitions.
8. Nominee’s Role Within the Organisation
   • Evidence that the nominee will perform assigned tasks at the specified business location, aligning with operational needs.
   • Assurance that the role sits within the employer’s organisational structure and directly supports business activities.
9. Employer’s Responsibilities & Workplace Compliance
   • Employer obligations in training, salary payments, health and safety, and industry regulations.
   • Confirmation that the nominee receives the necessary resources and workplace support.
10. High-Level Duties & Responsibilities
    • Breakdown of the specific tasks performed by the nominee.
    • Comparison of role responsibilities against ANZSCO definitions, validating consistency and suitability.
11. Applicant’s Intention to Perform the Duties
    • Evidence establishing that the nominee:
      • Intends to genuinely perform the specified occupation.
      • Will contribute meaningfully to business operations.

At Australian Paralegal Services, we don’t just describe a job title—we construct a strategic, compliance-focused justification demonstrating that the nominated occupation is authentic, essential, and properly aligned with migration regulations.

Each report is drafted under your direct supervision, ensuring full regulatory adherence while reinforcing the credibility of your nomination application.

This is about substantiating business need, not just ticking compliance boxes. You oversee, we draft—together, we build documents that withstand scrutiny.