GTE – Best Immigration Lawyers can help with – Genuine Temporary Entrant – Has your visa been refused GTE grounds? And Ministerial Direction 69 “satisfaction”.

Genuine Temporary Entrant (GTE) criteria

Over the last twenty five 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. On 18 March 2024, the Department of Home Affairs announced changes to Australia’s student visa – Subclass 500 requirements.

The Genuine Temporary Entrant (GTE) criterion will be replaced with the Genuine Student (GS) requirement, effective for applications lodged on or after 23 March 2024.

Under the Genuine Student test, applicants must answer targeted questions about their background, course selection, ties to Australia and study history. Existing GTE rules will continue to apply to Student Guardian – Subclass 590 visa applications. Amendments to the student visa declaration will emphasise compliance and understanding of post-study migration pathways.

Recent Big Changes: GTE vs. GS

Genuine Temporary Entrant (GTE):

The GTE clause evaluates whether an applicant genuinely intends to enter and remain in Australia temporarily for educational purposes. Decision-makers assess various factors, including the applicant’s circumstances in their home country, their potential circumstances in Australia, the value of the chosen course to their future, their immigration history, and the intentions of any accompanying individuals.

Genuine Student (GS):

The Genuine Student (GS) approach explores the applicant’s motivations and aspirations for studying in Australia. It introduces targeted questions aimed at understanding the applicant’s current circumstances, reasons for selecting Australia as their study destination, the benefits of their chosen course, any prior study experiences in Australia, and reasons for transitioning from another visa subclass to a student visa. It does not solely focus on the applicant’s intention to stay in Australia temporarily.

Note Well:

Focus of Assessment: While GTE primarily examines the temporary nature of the applicant’s intentions, GS provides a more comprehensive assessment of their genuine interest in pursuing education in Australia. It considers a broader range of factors beyond temporary residency intentions.
Question-based Approach: GS introduces targeted questions designed to obtain specific information about the applicant’s motivations and circumstances. This approach aims to provide decision-makers with a clearer understanding of the applicant’s genuine intent to study in Australia.
Implementation Date: The transition from GTE to GS is set to take effect for student visa applications lodged on or after 23 March 2024. Applications lodged before this date will continue to be assessed under the existing GTE requirement.
Documentation and Declaration: Alongside the transition to GS, amendments to the student visa declaration will require applicants to affirm their understanding of genuine student obligations, comply with visa conditions, and acknowledge the limited availability of post-study migration pathways.

Take aways – Student Visa applicants

The shift from GTE to GS reflects Australia’s ongoing efforts to refine and strengthen its student visa program. By adopting a more tailored approach to assessing genuine student intentions, the new requirement aims to enhance the integrity of the visa system while supporting genuine education pursuits in Australia. As these changes take effect, student applicants are advised to stay informed and prepared for the new requirements governing student visa applications in Australia.

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:

Previous study

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

Current employment

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

We consider:

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

We consider:

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.

Appeals

You may wish to read of other AAT cases:

So if you or anyone you know need legal assistance regarding the rejection of an Australian visa or visa application or appeal to the AAT or Federal Court matter talk to us.

Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer.

Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

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

yusuf khan

I went to a dodgy migration agent for my AAT appeal and I lost the AAT appeal, I went to AR LAW SERVICES: Master Migration Lawyers and Mr Robinson won back all the fees I spent on the dodgy migration agent for the AAT appeal (it was a lot of money!) – so if you feel cheated by a migration agent or you feel you have not got what you paid for I suggest you go nowhere else but AR LAW SERVICES: Master Migration Lawyers they are the best lawyers in town

Other cases:

https://www.arlaw.com.au/ar-law-services-wins-more-than-80-000-in-compensation-for-a-refugee-client-from-their-former-dodgy-migration-agent/ If you or some one you know feels they did not get what they paid for – feel cheated – talk to us

Don’t Get Mad – Get Even! (click on the below link for a short film)

If you or some one you know feels they did not get what they paid for – feel cheated – talk to us https://www.youtube.com/watch?v=Nbyq8zAIfUA

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

GTE – Best Immigration Lawyers can help with – Student Visa Big News – Genuine Temporary Entrant – Has your visa been refused GTE grounds? And Ministerial Direction 69 “satisfaction”.