Genuine Temporary Entrant (GTE) Requirement for Student Visas
By Mark Webster
Wednesday, 08 March 2017
Assessing the Genuine Temporary Entrant Criterion - Ministerial Direction No.69When applying for a student visa, your intention needs to be to complete a course of study then return to use the skills you've learned in your home country. The Minister for Immigration has laid out the factors that Department of Immigration case officers should consider are in a Ministerial Direction under Section 499 of the Migration Act. These are as follows:
- Circumstances in Your Home Country
- Your Potential Circumstances in Australia
- Value of the Course to Your Future
- Your Immigration History
- Intentions of the Parent, Legal Guardian or Spouse - where the Applicant is under 18
- Other Relevant Matters
Circumstances in Your Home CountryImmigration would generally look at factors which might make you wish to not return to your home country - these could include:
- Political or civil unrest
- Military service commitments
- Your economic circumstances in your home country
Your Potential Circumstances in AustraliaImmigration will want to know that you have good knowledge and awareness of your potential situation in Australia. For instance, they may interview you to see if you know details about your course, your university and have looked at the cost of living and where to live in Australia. They may also look at any ties you have in Australia which may result in you not returning after your studies. This could include close relatives or a partner in Australia.
Value of the Course to Your FutureYou should explain how the proposed course will assist you in your chosen career - if you can relate what you have previously studied, what you are currently doing in your work and what your career aspirations are, this is very helpful. If you are studying in a different field to the one you have previously worked or studied in, or if you are studying at a lower level that your previous qualifications, this can cause concerns for Immigration. In this case, you should put extra effort into explaining your motivation for doing the course.
Your Immigration HistoryImmigration will look at your immigration history - you may wish to provide extra context if you have the following in your immigration history:
- If you have spent a long time in Australia, Immigration may be of the view that you are seeking to extend your stay in Australia and work here.
- If you have had previous visa refusals, particularly if you have previously applied for a permanent visa
- Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa
Intentions of the Parent, Legal Guardian or Spouse - where the Applicant is under 18If a child is applying for a student visa, the parent, guardian and/or spouse should provide a statement explaining the situation and motivation for sending the child to study in Australia.
Other Relevant MattersImmigration may take into various other factors, such as:
- Immigration history of your relatives - for instance if they have a history of applying for refugee status in Australia
- Inconsistencies in the information provided in the current or previous visa applications
- Statistical information on migration fraud by nationals from your home country