Genuine Temporary Entrant Factsheet

What is Genuine Temporary Entrant (GTE) Criteria? How do YOU satisfy GTE Criteria on your first attempt?

The Australian Government operates a Student Visa Program for persons who wants to study in Australia. Amongst other things, a successful applicant must be both a genuine temporary entrant and a genuine student.

An applicant who is a genuine temporary entrant will have circumstances that support a genuine intention to enter and remain in Australia temporarily, notwithstanding the potential for this intention to change over time to an intention to utilize lawful means to remain in Australia for an extended period or permanently.

Remember when you apply for either an admission into any college or university in Australia or a student visa application to Australia, please ensure that your Statement of Purpose (SOP) to the case officer must detail out any or all of the questions raised in the (GTE) criterion below.

This may well be the reason between a failed application and one that is successful.

Do not ask your agent to write a SOP for you. Any agent that writes the SOP or the cover letter by themselves is putting their clients at immense risk of their visa application being rejected.

Ask the agent to take your personal circumstances and then assist you to write and research for the statement of Purpose.

SOP is the most important document in your visa application do not try and write in 5-10 minutes’ take time and ideally spend a week or more trying to write it and refine it with support from your VISAINFO education counselor.

ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION

Circumstances where further scrutiny may be appropriate include but are not limited to:

• Information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the department indicates the need for further scrutiny.
• The applicant or a relative of the applicant has an immigration history of concern.
• The applicant intends to study in a field unrelated to their previous studies or employment.
• Apparent inconsistencies in information provided by the applicant in their Student visa application.

An application for a Student visa must be refused if, after weighing up the applicant’s circumstances, immigration history and any other relevant matter, the decision maker is not satisfied that the applicant genuinely intends a temporary stay in Australia.

Immigration case officers must take into account the applicant’s circumstances in their home country and the applicant’s potential circumstances in Australia.In considering the applicant’s circumstances in their home country, decision makers must have regard to the following factors: (these factors must be addressed in the statement of Purpose by the applicant)

1. 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.
2. 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.
3. 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.
4. Military service commitments that would present as a significant incentive for the applicant not to return to their home country.
5. 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.

For primary applicants of subclass 500 Student visas, decision makers must also have regard to the value of the course to the applicant’s future. Decision makers will take notice of the following factors in considering the value of the course to the applicant’s future: (these factors must be addressed in the statement of Purpose by the applicant)

1. 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.
2. Relevance of the course to the student’s past or proposed future employment either in their home country or a third country.
3. 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.

Weight should be placed on an applicant’s circumstances that indicate that the Student visa is intended primarily for maintaining residence in Australia.In considering the applicant’s potential circumstances in Australia, decision makers must have regard to the following factors: (these factors must be addressed in the statement of Purpose by the applicant)

1. The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties.
2. Evidence that the Student visa program is being used to circumvent the intentions of the migration program.
3. Whether the Student visa is being used to maintain ongoing residence.
4. 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 dependent have contrived their relationship for Student visa purposes, the decision maker can find that both applicants do not satisfy the genuine temporary entrant criterion.
5. 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.

THE APPLICANT’S IMMIGRATION HISTORY

An applicant’s immigration history refers both to their visa and travel history.

In considering the applicant’s immigration history, decision makers must have regard to the following factors:

Previous visa applications for Australia or other countries, including:

1. if the applicant previously applied for an Australian temporary or permanent visa, whether those visa applications are yet to be finally determined (within the meaning of subsection 5(9) of the Act), were granted, or grounds on which they were refused.
2. 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:

1. 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.
2. Whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances.
3. 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 onshore for some time without successfully completing a qualification.

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 noncompliance.

Please see the SOP factsheet to start writing the SOP and GTE letter.