Genuine Temporary Entrant (GTE)

What is GTE?

The GTE requirement is enacted in visas that allow applicants to undertake temporary activities such as studies, work or short stay in Australia to ensure the visa programs are used as intended and not a way for applicants to maintain ongoing residency in Australia.

One of the visa programs where the GTE requirement can be found is the student visa programs which assist the Department in identifying student visa applicants who use the program for motives other than gaining a quality education. However, this does not mean that the GTE requirement excludes applicants those who apply for permanent residence after developing skills required by the Australian labor market. Ministerial Direction 69 sets out a number of factors that should be taken into account in determining whether a student visa applicant meets the GTE requirement. The factors that need to be satisfied are:

a.      The applicant’s circumstances; and

b.      The applicant’s immigration history; and

c.      If the applicant is a minor – the intentions of a parent, legal guardian or a spouse of the applicant; and

d.      Any other relevant matter.

The GTE requirement can be also found in visa programs such as Temporary Skill Shortage Visa (Subclass 482) and Temporary Activity Visa (Subclass 408). For instance, the applicants for Subclass 408 are required to show that they genuinely intend to stay in Australia temporarily to carryout the activity for which the visa is granted, having regard to:

1.      Whether the applicants have complied substantially with the conditions of any last substantive visa held or any subsequent bridging visa;

2.      Whether the applicant intends to comply with conditions to which the visa would be subject; and

3.      Other relevant factors such as applicant’s circumstances in their home country, whether the position has been created to secure the person’s stay in Australia, whether the personal attributes and vocational or employment background of the applicant, whether the applicant’s proficiency in English is consistent with their supported activities, etc.

The GTE requirement also plays a crucial role in the Subclass 482 short term stream occupations which requires the primary visa applicants to be genuine applicants for entry and stay as a short-term visa holder. Under policy, GTE can generally be considered met if the visa applicant:

a.      Does not hold more than two TSS visas in the short-term stream during the last five years; or

b.      Has not been in Australia for four years and the decision maker does not have significant concerns that the applicant is not a GTE.

Tackling the GTE requirement requires understanding of the Australian migration laws, regulations, policies, legislative instruments and ministerial directions. Not only that, each case has its own merits so successfully tackling the GTE  requirement involves combination of personal factors as well as case laws and legislation. Should you need help with GTE requirement, we here at Agape Henry Crux has accredited specialists in immigration law as well as well-trained lawyers who have a backlog of winning cases to help you with your matter.

Trivia Questions

1. Did you know that GTE is often mistaken for “genuine criteria”?

  • It is often that when people hear GTE, they naturally prepare their submissions in a manner that addresses their visit to Australia to be a genuine one, eg. genuine need to undertake training, genuinely going to visit Blue Mountains, etc.

  • GTE stands for Genuine Temporary Entrant. This means that the primary assessment is whether the visa applicant will return back to their home country and that their visit to Australia is genuinely for a temporary period.

2. Did you know that only student visas are guided by written considerations?

  • Ministerial Direction No. 69 is the latest legislative instrument written by the Minister for Immigration. This direction is specific to student visa applications only.

  • However, the Department of Immigration case officers tend to assess visa applications under that same guidance for other temporary visas containing GTE requirements.

Ministerial Direction No. 69

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