Student visa – Student Visas – Genuine Student requirement – Best & most Ethical migration law assistance.
AR LAW SERVICES: Master Migration & Litigation Lawyers is a leading “full service” Australian immigration law firm based in Melbourne, but with offices through out Australia and the world: we is passionate about helping win visas for our clients. We represent both businesses & individuals – offering visa services for students, workers, partners, visitors to name a few. So whether you want to study, work, reunite or explore business opportunities in Australia, AR LAW SERVICES: Master Migration & Litigation Lawyers may be the solution to your migration problems. AR LAW SERVICES: Master Migration Lawyers – Superior Advice: Intelligent Solutions.
Student visa – student visas – Best and most ethical migration advice
For more than 25 years AR LAW SERVICES: Master Migration Lawyers have been winning student visa cases and difficult visa Cancellation case – at department level and at Appeal – (Tribunal and Federal Courts)
Best Immigration Lawyers. AR LAW Services: Master Migration Lawyers. Again Ranked in the Top 10 – Best Immigration Law Firms in Melbourne.
Student visas – Genuine Student requirement – the NUTS & BOLTS
Eligibility Requirements
The Government has replaced the Genuine Temporary Entrant (GTE) requirement for student visas with a Genuine Student (GS) requirement. This is effective for student visa applications lodged on and after 23 March 2024.
This requirement does NOT apply to student visa applications lodged before 23 March 2024. We will continue to assess these applications against the GTE requirement.
All applicants for a student visa must be a genuine applicant for entry. They must stay as a student and be able to show an understanding that studying in Australia is the primary reason of their student visa. The GS requirement is intended to include students who, after studying in Australia, develop skills Australia needs and who then go on to apply for permanent residence.
To be granted a student visa, all applicants must demonstrate they satisfy the genuine student criterion or the genuine student dependent criterion.
In the online student visa application form, we will ask the applicant the below questions to address the GS criteria.
- Give details of the applicant’s current circumstances. This includes ties to family, community, employment and economic circumstances.
- Explain why the applicant wishes to study this course in Australia with this particular education provider. This must also explain their understanding of the requirements of the intended course and studying and living in Australia.
- Explain how completing the course will be of benefit to the applicant.
- Give details of any other relevant information the applicant would like to include.
Answers must be written in English, with a maximum of 150 words per question.
There is an additional question for those applicants who have previously held a student visa or those who are lodging an application in Australia from a non-student visa.
Along with the responses included in the application form, the applicant must attach supporting documents to their ImmiAccount.
Generic statements unsupported by evidence are not given significant weight in the GS assessment. This means it is important to provide evidence to support a claim made by the applicant.
We consider an applicant’s overall personal circumstances when we assess whether they are a genuine student.
What evidence and information to include
We encourage applicants to provide evidence or information about:
Previous study
This includes:
- Academic transcripts showing qualifications achieved
- Name of the education provider(s)
- Length of study
- Certificates of attainment
Previous study in Australia
This includes:
- A complete history of study record(s) in Australia
- Reasons for change of course and/or education providers
- Details of information on course progress
- Study gaps of more than 2 months during an academic year
- Any other information the applicant considers relevant to their study record in Australia
Current employment
This includes:
- Details of their current employer and company address
- Period of employment
- Details of position held
- The name and contact details of someone who can confirm the circumstances of the declared employment
Circumstances in their home country or country of residence
This includes:
- The nature of the applicant’s personal ties eg. example family, community and employment. They will need to provide reasons for not studying in their home country if a similar course is available.
Economic circumstances in home country or country of residence
This includes:
- 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
If there is political and civil unrest and military service commitments in the applicant’s home country that would present as a significant incentive for them to leave their home country, they must provide their reasons and supporting evidence.
How we assess GS
The GS criterion focuses on the assessment of the student’s intention to genuinely study in Australia. It considers factors including the applicant’s:
- circumstances
- immigration history
- compliance with visa conditions and any other relevant matter.
This criterion acknowledges that post-study pathways are available for those who may be eligible.
Situations in their home country (or country of residence)
We consider:
- reason for not studying in their home country or region if a similar course is available there
- the nature of the applicant’s personal ties to their home country
- economic circumstances
- military service commitments political and civil unrest in their home country.
Potential situation in Australia
We consider:
- level of knowledge of the proposed course and education provider and of living in Australia
- previous study and qualifications
- level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to their future
We consider:
- if the course is consistent with their current level of education and if the course will assist them to obtain employment or improve employment prospect in their home country or another country.
- if the course is relevant to past or proposed future employment in their home country or another country
- expected salary and other benefits in their home country or another country obtained with the applicant’s qualifications from the proposed course of study.
Immigration history
We consider:
- visa and travel history for Australia and other countries
- previous visa applications for Australia or other countries
- visa refusals or cancellations.
If the applicant is a minor, we consider the intentions of the parent, legal guardian or spouse.
Student visa – cancelled – refused – Visa Appeal – Most Reliable & Ethical immigration lawyers
Visa Cancelled – s116 – Student visa Appeals
For more than 25 years AR LAW SERVICES: Master Migration Lawyers have been winning difficult visa Cancellation case – at department level and at Appeal – (Tribunal and Federal Courts) A common issue is S116 Cancellation for breaching visa Conditions AAT Case – Won By AR LAW SERVICES – Student visa Cancellation. A student contacted us because her Australian Student visa had been cancelled. The power used by the immigration department was s116. (Section 116 of the Migration Act notoriously difficult cases and extremely complex to argue) This was a very difficult case consequently it was fortunately referred it to our legal team – ABG Legal – ABG legal is headed by AR LAW Services: Master Migration Lawyers. https://www.arlaw.com.au/referrals-help-with-complex-cases-for-migration-agents/ The case, as often happens, was made more problematic due to the bad advice and incompetent work of a migration agent. (Often students would be better off doing there own applications than risking the visa application with a cheap and poorly trained migration agent.) Lucky for the student Mr Robinson BA. LLB. GLCP. LLM. SF.VISA – Master Migration lawyer of AR LAW Services. Master Migration Lawyers was able to do remedial work and convince the AAT to “reverse” the departments decision and “remit” the matter for reconsideration. That is she won! So if you or someone you know has had their visa cancelled or have received notice from the department the visa is about to be cancelled pursuant to section 116 or any other grounds talk to us. (for more about cancelled or refused visa go to AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in AAT and Federal Circuit Court appeals including GTE, PIC 4020 Bogus Document, health and character matters and s501 cases, these are extremely complex and specialist area of Australian immigration law and that is where a Master Migration Law with over 20 years experience may give you the edge you need. In these uncertain times of ever changing laws you can depend on us! AR LAW SERVICES. The Smarter, Tougher, Better Immigration Lawyers. We will fight for you.
Nuts and Bolts – Section 116 of the Migration Act (‘the Act’)
The Minister is afforded general powers to cancel visas under Section 116 of the Migration Act (‘the Act’) where certain circumstances exist. Two (2) common grounds for S116 cancellation include the following:
● You have not complied with a condition(s) imposed upon your visa
● The grounds under which your visa was granted no longer exist. If the Department of Home Affairs intends to exercise its discretion to cancel an Australian visa under section 116, the Minister must first issue a Notice of Intention to Consider Cancellation (NOICC). Upon receipt of the NOICC you are given the opportunity to present arguments and submissions in support of your matter, explaining why your visa should not be cancelled. Failure to respond to a NOICC will likely result in the visa cancellation regardless. Under s116(1)(fa) of the Act, the Minister may issue a NOICC where he considers the Student Visa holder will not be a genuine student. We note that Students Visa Holders who receive a s116 NOICC after 13 April 2013 are not subject to mandatory cancellation. The power to cancel the Student Visa is, therefore, discretionary in nature. Grounds for cancelling a Student Visa can include the visa holder breaching the following conditions: ● Condition 8104 – must not engage in work for more than 40 hours per fortnight (unless exemptions apply).
● Condition 8105 – must not engage in any work in Australia before commencement of the course of study.
● Condition 8202(2) – must be enrolled in a full-time, registered course of study Failure to adhere to these conditions may result in your visa being cancelled under s116 of the Migration Act 1958 (‘the Act’).
In addition to the above, s116(e) also gives the Minister the power to cancel visas where the presence of the Student Visa Holder in Australia is – or may be, or would or might be, a risk to: ● the health, safety or good order of the Australian community or a segment of the Australian community; or● the health or safety of an individual or individuals.
An NOICC under s116(e) may be issued if you have been convicted for driving offences, being the subject of an aggravated violence order (AVO) as well as many other character issues.
It is important to stress that under s116 of the Act, the Minister can issue an NOICC and subsequently cancel a Student Visa where exists sufficient evidence that the Student Visa Holder may, would or might be a risk. In other words, the cancellation can be enacted if the probability of you offending is considered serious by the Minister.
Despite the above, if the Department of Home Affairs decides to cancel your Student Visa, you may have the right to review this decision with the Administrative Appeals Tribunal (AAT) provided you apply for review within the statutory time frames and pay the review application fee.
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
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
