Best Immigration Lawyers can help with -GTE – Genuine Temporary Entrant – Has your visa been refused GTE grounds? And Ministerial Direction 69 “satisfaction”.
Genuine Temporary Entrant (GTE) criteria
Over the last twenty years or so I have represented many clients who have unfortunately had the visa they were seeking refused. (More often than not the visa was refused due to incompetent work of “dodgy” [poorly trained and unethical] migration/education agents)
Since about 2013 more and more application have been refused due to the applicant being found to not meet the so called Genuine Temporary Entrant (GTE) criteria. As reader of this blog will know AR LAW Services has successfully argued appeals for applicants at the department, AAT and Federal Court level.
Recently in a Federal Court decision Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) FCAFC 219. an important point of law was made regarding GTE. It is an argument or point of law AR LAW Services has long been making and it is satisfying to know all those years of work have not been in vain.
Admittedly this case is not a “silver” bullet to the GTE menace it does give many cases – usually cases destroyed by dodgy migration agents – a second chance: or perhaps a chance at redemption.
Genuine temporary entrant requirement
All applicants for a Student visa must show they are coming to Australia temporarily to gain a quality education. The Genuine Temporary Entrant (GTE) requirement is not intended to exclude students who, after studying in Australia, develop skills Australia needs and who then go on to apply for permanent residence.
Include a personal statement addressing the GTE requirement in the application form
In the online student visa application form, you will need to provide a personal statement in English addressing the GTE requirement. This statement is to be 300 words in total (a 2000 character limit applies). The statement needs to address your personal circumstances for undertaking your proposed study in Australia.
In addition to the written statement in the application form, you will also be required to attach supporting documents to ImmiAccount.
Generic statements unsupported by evidence will not be weighed heavily in the GTE assessment.
We consider your personal circumstances when we make a decision. When we assess whether you are a genuine temporary entrant, we consider your situation as a whole.
Ministerial Direction 69 sets out a number of factors we take into account when determining if you meet the GTE requirement. It is not a checklist. We encourage you to read Ministerial Direction 69 before drafting your GTE statement. Examples of factors we might take into account include:
What evidence and information to include
We encourage you to provide evidence or information about:
- academic transcripts showing qualifications achieved
- name of the education provider(s)
- length of study
- certificates of attainment
Gap in previous study
- reasons why there is a gap in your studies including where you did not maintain enrolment
- your current employer
- company address
- period of employment
- details of your position
- the name and contact details of someone who can confirm the circumstances of your employment
Ties to home country or country of residence
- evidence of financial, family or social ties. You need to show you have significant incentives to return home
Economic situation in home country or country of residence
- documents showing employment or business activities for 12 months before lodging an application
- potential employment offers including salary and other benefits, after course completion
- income tax return or bank statements
Employment in a third country
Potential employment offers, including salary and other benefits, after course completion
How we assess GTE
The GTE requirement is used to make sure the student visa program is accessed as intended. The student visa program is not a way for international students to maintain ongoing residency in Australia.
The GTE requirement helps identify applicants who are using the student visa program for motives other than gaining a quality education.
Situations in your home country (or country of residence)
We consider your:
- reason for not studying in your home country or region if a similar course is available there
- ties to your home country that support an intention to return after study is finished
- economic situation
- military service commitments
- political and civil unrest in your home country
Potential situation in Australia
We consider your:
- ties to Australia that present a strong incentive to stay in Australia
- level of knowledge of the proposed course and education provider
- previous study and qualifications
- planned living arrangements
- financial stability
Value of the course to your future
- if the course is consistent with your current level of education
- if the course is relevant to past or proposed future employment in your home country or a third country
- expected salary and other benefits in your home country or a third country obtained with your qualifications from the proposed course of study
Your immigration history
- previous visa applications for Australia or other countries
- visa refusals or cancellations
If you are a minor, we consider the intentions of your parent, legal guardian or spouse.
So if you or anyone you know has had a visa refused on (GTE) grounds, that is the belief that you are NOT a Genuine Temporary Entrant make an appointment with a Master Migration Lawyer. If your appeal to AAT is unsuccessful AR LAW SERVICES: Master Migration & Regulatory
Lawyers may be able to help! Please watch our short film on appeals from the AAT or IAA to the Federal Circuit Court.
Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm.
Best Immigration Lawyers. AR LAW Services: Master Migration Lawyers. Again Ranked in the Top 10 – Best Immigration Law Firms in Melbourne.
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page