New Genuine Student Requirement to Replace Genuine Temporary Entrant (GTE) Requirement

As of 23 March 2024, the Department of Home Affairs is replacing the Genuine Temporary Entrant (GTE) Requirement for the grant of Student visas with a Genuine Student Requirement

Any Student (subclass 500) Visa applications lodged before 23 March 2024 will continue to be assessed according to the existing Genuine Temporary Entrant requirement.

What is the Genuine Temporary Entrant Requirement?

Under current Direction 69, the Department’s case officers are directed to consider the following factors when assessing whether a Student Visa applicant is a genuine temporary entrant:

  • The applicant’s circumstances in their home country.

  • The applicant’s potential circumstances in Australia.

  • The value of the applicant’s course to the applicant’s future.

  • The applicant’s immigration history.

  • If the applicant is a minor – the intentions of a parent, legal guardians or spouse/de facto partner of the applicant.

  • Other relevant matters.

What are the New Changes for The Genuine Student Requirement?

The changes under the new Genuine Student Requirement are intended to allow the Department’s case officers to identify better which students genuinely intend to acquire quality education in Australia. It is part of a broader effort from the Australian government to stem fraudulent and sham education providers, as well as Student Visa holders who have no real intention of remaining in Australia temporarily.

Under the Genuine Student Requirement, the Genuine Temporary Entrant Requirement listed above will be replaced by a set of questions aimed to reveal the Student Visa applicant’s study intentions. Student Visa applicants will be required to answer the following questions in their application:

  • details of their current circumstances, including ties to family, community, employment and economic circumstances;

  • an explanation for the choice of course and reasons for choosing Australia as a study destination;

  • what benefits the course provides to the applicant;

  • for applicants with a study history in Australia, details of their study history;

  • for applicants holding a visa other than a Student Visa, their reasons for applying for a Student Visa; and any other relevant information the applicant wishes to provide.

In addition, the declaration at the end of the Student Visa application will be revised for applicants to attest they:

  • understand what it means to be a genuine student for the purposes of studying in Australia;

  • have read, understand and commit to comply with student visa conditions and to notify the Department of Home Affairs of any changes to their circumstances; and

  • understand that while post-study pathways to permanent migration are available, only a limited number of graduates will be eligible and those who are unable to remain lawfully in Australia must depart Australia.

How Can Agape Henry Crux Help

If you are applying for a Student Visa and are not sure how you can adequately address these new questions to meet the new Genuine Student Requirements, contact us at Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.  

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