The Australian Department of Home Affairs has made a pivotal change affecting student visa (subclass 500) applicants. Effective from 23 March 2024, the Genuine Temporary Entrant (GTE) requirement will be replaced by the Genuine Student (GS) criterion. This significant update is designed to ensure that international students have a genuine intention to study in Australia. Here’s a succinct guide on what this change means and how Augustine & Co. Immigration Lawyers can assist you.
Understanding the Transition from GTE to GS
The transition from GTE to GS marks a shift towards a more detailed assessment of student visa applicants’ intentions. The GS criterion will encompass:
- Personal Circumstances: Details about family, community ties, employment, and economic situations.
- Educational Goals: Reasons behind the choice of course and Australia as the study destination.
- Course Benefits: How the course will aid the applicant’s future.
- Study History: Details of any previous study in Australia.
- Visa Transition Reasons: For those changing from another visa type to a student visa.
- Additional Information: Any other relevant information supporting the genuine intent to study.
Implementation Timeline
- Commencement Date: The GS requirement applies to student visa applications lodged on or after 23 March 2024. Applications submitted prior to this date will be assessed under the existing GTE guidelines.
- Student Guardian Visas: The GTE requirement will continue to apply for Student Guardian (subclass 590) visa applications.
Updated Visa Declaration
Applicants will need to declare their understanding of being a genuine student, including adherence to visa conditions and acknowledging the limited pathways to permanent migration after study. This change emphasizes the temporary nature of the student visa and the expectation for students to return home unless they qualify to stay lawfully.
Ministerial Direction and Further Updates
The introduction of two new ministerial directions will replace Ministerial Direction 69 to align with the GS criteria, ensuring a seamless transition for applications submitted around the commencement date.
How Augustine & Co. Can Help
Navigating the transition from GTE to GS requires careful preparation and a clear understanding of the new criteria. Augustine & Co. Immigration Lawyers are here to support your journey to study in Australia, ensuring you meet all the new requirements with confidence.
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Disclaimer
This information is provided for general guidance and does not constitute legal advice. Specific legal advice should be sought for individual circumstances. Augustine & Co. Immigration Lawyers disclaims any liability for actions taken or not taken based on this guide.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
