Small-Business Accountant Nomination Under Close Scrutiny — 186 Employer-Sponsored Permanent Residency Approved
A small construction business run by a couple sought to sponsor its long-serving accountant for a Subclass 186 employer-sponsored visa, where the Department may closely scrutinise the genuineness of the position and the business’s capacity to keep employing. We systematically established the genuine position and the commercial rationale, and the permanent residency application was approved.
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Case Background
In this case, the applicant and her husband jointly operate a construction-related business in Australia. Given the applicant’s long-term employment within the company and her significant contribution to the company’s financial operations, the nominating employer decided to sponsor the applicant for Australian permanent residency through the Employer Nomination Scheme (Subclass 186) for the position of Accountant.
However, as the business is a small-to-medium-sized construction enterprise and the applicant has been closely involved in the company’s financial management and operations, the Department of Home Affairs may conduct strict scrutiny regarding the genuineness and necessity of the nominated position, as well as the company’s capacity to provide ongoing employment. As a result, the case presented several legal and factual challenges during the application process.
Relevant Legislation · Legal Basis
Migration Regulations 1994 (Cth):
- Reg 186.233 – Nomination requirements for Subclass 186 visa
- Reg 5.19 – Genuine position requirement for nominated occupation
- Reg 2.72 – Nomination of a position by an employer
Key Challenges
Genuine Position Requirement
For the Subclass 186 employer-sponsored visa, the Department of Home Affairs must be satisfied that the nominated position is genuinely required for the business operations and has not been created solely for the purpose of facilitating a visa application. For businesses that are relatively small or still expanding, the Department may closely examine whether there is a legitimate commercial need for a full-time Accountant position.
Alignment between the Accountant role and the scale of the business
In some small and medium-sized enterprises, accounting tasks may be outsourced to external accounting firms or handled by junior bookkeeping staff. If the scale or operational structure of the business does not clearly demonstrate the need for a professional accounting role, the Department may question whether the nominated position genuinely corresponds to the ANZSCO occupation of Accountant (221111).
Business viability and capacity to pay salary
The Department will also assess the company’s financial status, revenue growth and future business prospects to determine whether the business has the capacity to provide ongoing employment and meet salary obligations for the nominated position.
Occupational alignment between the applicant and the nominated role
The applicant must demonstrate that her qualifications, professional skills, and actual job responsibilities are closely aligned with the nominated occupation. Failure to establish this alignment may affect both the nomination and the visa application.
What We Did
In response to the above challenges, our legal team systematically prepared comprehensive application materials to demonstrate both the genuineness of the nominated position and the commercial rationale behind the nomination.
Demonstrating genuine business operations and continued growth
We submitted detailed evidence of the company’s business operations, project portfolio, workforce structure, and expansion history. This included documentation demonstrating the company’s ongoing development, such as the expansion of warehouse and office facilities, the increase in employee numbers, and the growth in business revenue, all of which indicated that the business had a stable and growing operational foundation.
Establishing the importance of the Accountant role within the business
Taking into account the nature of the construction industry, we explained in detail the company’s strong reliance on professional financial management for project budgeting, cash flow planning, subcontractor payments, and financial risk control. We further demonstrated that an in-house Accountant plays a crucial role in financial planning, financial analysis and operational decision-making.
Demonstrating the applicant’s actual duties and contributions
Through detailed job descriptions and employment records, we demonstrated that the applicant’s responsibilities include:
- Financial reporting and financial analysis
- Budget preparation and financial forecasting
- Cash flow management
- Tax compliance and liaison with tax agents
- Providing financial insights to support business decision-making
These duties clearly correspond with the professional functions defined under the ANZSCO Accountant occupation.
Providing evidence of the company’s financial stability and future growth
We provided financial statements and business growth projections demonstrating that the company has stable revenue sources and promising future prospects, thereby confirming the company’s capacity to continue employing the applicant on a long-term basis.
Through the above comprehensive legal submissions and supporting documentation, we successfully demonstrated to the Department that:
- The nominated position is a genuine and ongoing role within the company
- The business has a legitimate need for a professional Accountant to support its operations
- The applicant’s qualifications and professional experience closely align with the nominated occupation
The Outcome
With the assistance of our legal team, the applicant’s Subclass 186 Employer Nomination Scheme – Direct Entry Stream permanent residency application was successfully approved. This outcome not only enabled the applicant to obtain Australian permanent residency, but also allowed the nominating company to retain a key professional responsible for the company’s financial management, thereby supporting the business’s continued growth and stability in the future.
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Handling team: NSLegal
Disclaimer: this case study is provided for general reference only, does not constitute legal advice, and does not guarantee similar results. To protect our client’s privacy, identifying details on this page have been de-identified. For advice on your specific circumstances, please contact our lawyers.