How to Prepare a DHA-Compliant Need of the Nominee Report

The Need of the Nominee Report is a crucial document in employer-sponsored visa applications. It demonstrates to the Department of Home Affairs (DHA) that the nominee (foreign worker) is genuinely required for the role, and that the employer has made all efforts to hire locally before offering the role overseas.

Preparing a DHA-compliant report ensures your visa application is strong, transparent, and meets compliance requirements.


1. Understand the Purpose of the Report

Before you start, know why DHA requires this report:

  • Demonstrates genuine need for the nominee in the business

  • Confirms skills, experience, and qualifications match the nominated role

  • Supports Labour Market Testing (LMT) evidence

  • Ensures compliance with Australian immigration laws


2. Step-by-Step Guide to Preparing the Report

Step 1: Collect Employer Information

Include full details of the business:

  • Company name, ABN/ACN

  • Business type, industry, and location

  • Number of employees

  • Business operations and history

Tip: DHA checks if the business is active, financially stable, and capable of employing the nominee.


Step 2: Provide Nominee Information

Include details of the nominee:

  • Full name, date of birth, nationality

  • Current visa status (if any)

  • Contact details

  • Educational qualifications

  • Relevant professional experience

Tip: Only include verified qualifications and experience to avoid discrepancies.


Step 3: Describe the Position

Provide detailed information about the role:

  • Job title

  • Duties and responsibilities (be specific)

  • Required skills and experience

  • Employment type (full-time/part-time) and salary

  • Reporting lines and team structure

Tip: Avoid vague statements like “perform general IT tasks”; specify responsibilities that match industry standards.


Step 4: Justify the Need for the Nominee

Explain why the nominee is essential to the business:

  • Reason the role cannot be filled by a local candidate

  • Demonstrate Labour Market Testing (LMT) outcomes

  • Mention any skills shortage or specialized knowledge required

  • Explain business projects or expansion that require the nominee

Example:

“The nominee’s expertise in cloud-based network security is critical to completing ongoing client projects. No suitable local candidate was found during advertising conducted on Seek.com.au and LinkedIn for 4 weeks.”


Step 5: Align with DHA Guidelines

Ensure compliance with DHA requirements:

  • Salary meets market standards and legal minimums

  • Include superannuation, leave entitlements, and working hours

  • Position aligns with the nominated occupation list

Tip: DHA looks for fair employment conditions and adherence to standard employment practices.


Step 6: Attach Supporting Documents

Include evidence to support your claims:

  • Labour Market Testing evidence (job ads, screenshots, applicant assessments)

  • Business documents (profit & loss statements, contracts, organizational charts)

  • Nominee qualifications and references

Tip: Organize documents clearly and label them for DHA review.


Step 7: Draft and Review the Report

  • Write clearly and concisely, in formal language

  • Ensure consistency with Genuine Position Report (GPR) and employment contracts

  • Check for accuracy of all details

Tip: Have an authorized representative sign and date the report.


3. Common Mistakes to Avoid

  1. Generic or vague job descriptions

  2. Insufficient Labour Market Testing evidence

  3. Salary below industry standards

  4. Weak justification for hiring the nominee

  5. Missing signatures or incomplete supporting documents

Avoiding these mistakes ensures smoother visa processing.


4. Best Practices

  • Use DHA templates or official guidelines when available

  • Keep all documentation organized and verifiable

  • Be transparent about the nominee’s role and business need

  • Ensure the nominee’s qualifications and experience directly match the position


5. Conclusion

A DHA-compliant Need of the Nominee Report is critical for employer-sponsored visa success.

By preparing a detailed, transparent, and well-documented report, employers can:

  • Demonstrate the genuine need for the nominee

  • Strengthen GPR and visa application

  • Minimize the risk of delays, audits, or rejections

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