Genuine Temporary Entrant (GTE) Application or Appeal
By AR LAW SERVICES – ranked Best Immigration Lawyers
The Genuine Temporary Entrant (GTE) requirement assesses student visa applicants’ intention to enter and remain in Australia temporarily. Over the last 20 years AR LAW SERVICES: Master Migration Lawyers has help visa applicants deal with difficult GTE issues (Both before the department and at Appeal: Visa refusal AAT and Federal Court )- here are the factors the uses to determine whether student visa applicants meet the GTE requirement.
GTE criteria
Section 499 of the Act empowers the minister to make direction to things like:
- The applicant’s circumstances in their home country;
- The applicant’s potential circumstances in Australia;
- The value of the course to the applicant’s future;
- The applicant’s immigration history;
- If the applicant is under 18, the intent of the parent, guardian, or spouse; and
- Other relevant matters.
These six factors weigh up to determine whether a student visa applicant is a genuine temporary entrant. It is important for student visa applicants to include as much information and documentation as possible in support of the GTE requirement against these six factors.
Home country
This factor assesses the reasons for the applicant to not undertake the chosen course of study in their home country. It also considers whether there is military or civil unrest which would not support a temporary stay in Australia.
Circumstances in Australia
The applicant’s potential circumstances in Australia relates to what their life will be like once they make it to Australia. The decision maker will look at whether there are family members who have adverse immigration histories and whether the chosen course of study is realistic. This factor also assesses the suitability of the education provider, and the standard of living in Australia given the applicant’s age, culture and other circumstances.
The course
In assessing this factor, decision makers will look at a number of features of the course and how it will benefit the visa applicant.
Decision makers will assess whether the selected course is relevant and appropriate to the applicant’s current education and employment background. They will also look into the prospects of a future career and employment in that field.
Decision makers look to see if a chosen course of study makes sense career-wise, meaning that the course of study is related to the person’s ordinary progression of employment and education. For example, university or vocational studies are a natural step after finishing high school. It is worth noting that while selecting a course which is unrelated to previous employment and education may result in decision makers requesting further information, it does not necessarily mean the visa will be refused.
Decision makers will consider other evidence in support of why that particular course was chosen. This may be the applicant’s need to change careers or the fact that the course is related to a hobby or interest that will provide a tangible benefit to the applicant. Student Visas relating to study in pursuit of a hobby or interest must also improve an applicant’s employment prospects in their home country.
Immigration history
This factor assesses whether an applicant’s immigration history does or does not support a temporary stay in Australia.
The following circumstances would go against the genuine temporary entrant requirement:
- The person was previously refused a visa in Australia;
- The person was not compliant with their previous visa conditions;
- The person had been undertaking a series of short, inexpensive courses which had the result of extending their stay in Australia;
- The person has been in Australia for a long time without having successfully completed a qualification;
- The person has moved education providers on numerous occasions and has failed to finish a course of study;
- The person has been in Australia for a long time on a range of short-term temporary visas; or
- The person has a history of being refused visas or has been non-compliant with visa requirements in another country.
An adverse immigration history could make a new student visa application very complicated. If there are any doubts about your study or immigration history, it is best to seek immigration legal advice before making an application.
Other matters
Decision makers may also consider anything else that is relevant to an application.
This is designed to help visa applicants convince decision makers of their genuineness to complete the chosen course of study as a genuine temporary entrant.
If a decision maker refuses an application, they must clearly outline why they believe a matter is particularly relevant.
If a decision maker requires further information in order to make an assessment on the GTE requirement, they may request the following:
- Evidence of employment for at least 12 months;
- Evidence of an offer of employment upon the applicant’s return home;
- Tax returns;
- Financial statements;
- Evidence of assets in their home country consistent with the applicant’s family background;
- Family or social ties which support a reason for the applicant to return to their home country upon the completion of their study;
- Evidence of previous study;
- Evidence from the applicant’s employer or a statement from the applicant attesting to the need to improve their skills for future career prospects; or
- Evidence of personal or academic outcomes supporting the applicant’s need for a career change.
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