The GTE requirement explicitly addresses whether the individual circumstances of an applicant indicate that their intention is for a temporary stay in Australia.
Student visa applicants must be both a GTE and a genuine student to be granted a visa.
A genuine student is a student who intends to obtain a successful educational outcome and has the language, educational and material background to have a reasonable chance of achieving this educational outcome.
Factors that are considered under the existing requirement to be a genuine applicant for entry and study as a student include: English language proficiency; financial capacity; prerequisite schooling; age requirements; and intention to comply with visa conditions. There are no changes planned to the genuine student requirement.
The GTE requirement was introduced on 5 November 2011 and will help improve the integrity of the student visa program.
A number of the proposed changes arising from the Strategic Review of the Student Visa Program would relax visa requirements for international students. These other changes can only be made possible through the introduction of the GTE requirement.
The GTE requirement will not make it more difficult for genuine student visa applicants to obtain a visa. It will, however, provide a useful way to help identify those applicants who are using the student visa program for motives other than gaining a quality education.
A genuineness assessment is generally made by taking into account a number of personal factors relating to an applicant such as their immigration history, circumstances that may encourage the applicant to return to their home country and conditions that might encourage the applicant to remain in Australia.
Applications lodged before 5 November 2011 will not be assessed against the GTE requirement.
How will the GTE requirement operate?
To be granted a student visa, applicants must satisfy the department that they have a genuine intention to stay in Australia temporarily.
Factors that the department considers as part of the GTE requirement include:
circumstances in the applicant’s home country
the applicant’s potential circumstances in Australia
the applicant’s immigration history
the value of the course to the applicant’s future
any other matter relevant to the applicant’s intention to stay temporarily.
Factors that are considered under the GTE requirement
Whether the applicant has sound reasons for not undertaking the study in the home country or region if a similar course is already available there. Decision makers should allow for any reasonable motives as established by the applicant.
The extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether they would serve as a significant incentive to return to their home country.
Economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. This may include consideration of the applicant’s circumstances relative to the home country and to Australia.
Military service commitments that would present as a significant incentive for the applicant not to return to their home country.
Political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa as means of obtaining entry to Australia for the purpose of remaining indefinitely. Decision makers should be aware of the changing circumstances in the applicant’s home country and the influence these may have on an applicant’s motivations for applying for a Student visa.
The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties.
Evidence that the Student visa program is being used to circumvent the intentions of the migration program.
Whether the Student visa is being used to maintain ongoing residence.
Whether the primary and secondary applicant(s) have entered into a relationship of concern for Student visa purposes. Where it has been determined that an applicant and dependant have contrived their relationship for Student visa purposes, the decision maker can find that both applicants do not satisfy the genuine temporary entrant requirement.
Examples of factors that are considered under the GTE requirement
• The applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant could be expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.
• Whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country. Decision makers should allow for reasonable changes to career or study pathways.
• Relevance of the course to the student’s past or proposed future employment either in their home country or a third country.
• Remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.
• Previous visa applications for Australia or other countries, including:
o if the applicant previously applied for an Australian temporary or permanent visa
o if the applicant has previously applied for visas to other countries, whether they were refused a visa and the circumstances that led to visa refusal.
• Previous travels to Australia or other countries, including:
o if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control
o whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances
o the amount of time the applicant has spent in Australia and whether the Student visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been in Australia for some time without successfully completing a qualification
o if the applicant has travelled to countries other than Australia, whether they complied with the immigration laws of that country and the circumstances around any non-compliance.
• If the applicant is a minor — the intentions of a parent, legal guardian or spouse of the applicant.
This general information is not a substitute for legal advice.
Nothwithstanding the information stated in the above article, it is still important to consult a registered migration agent to obtain specific advice regarding the applicant's particular circumstances.
Felix Carao of ALLKILLS MIGRATION CONSULTANCY AUSTRALIA is giving FREE INITIAL CONSULTATION and FREE study program counselling and course enrollment for prospective international students. Felix Carao is a Registered Migration Consultant (MARN 1069354), a Qualified Education Counsellor (QEAC G028), and an Accredited Recruitment Professional (MRCSA 51889). For enquiries, you may call 04 1232 1187 or email him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or visit www.allskills.com.au
