Important Visa Criteria To Be Met by Australian Student Visa Applicants

  • Sharebar

The Australian Department of Immigration and Border Protection (DIBP) has within its Australian Student Visa Program an integrity measure to ensure that the Student Visa Program is used as is intended. That is to provide a quality education to international students and not to be used by such students as a way of attempting to maintain permanent residency in Australia.

The integrity measure is the genuine temporary entrant (GTE) requirement. The GTE requirement has, since its introduction in November 2011, attempted to improve the integrity of the student visa program and ensure that only genuine applicants are granted a student visa. The GTE requirement has been controversial in that it has resulted in what some student visa applicants consider to be questionable visa refusals whether they are from low migration risk or high migration risk countries.

To be granted any student visa, student visa applicants must satisfy DIBP that they have a genuine intention to stay in Australia temporarily. When assessing the GTE requirement, DIBP is required to consider specific legislative criteria. This requires DIBP to be satisfied that the student visa applicant genuinely intends to stay in Australia temporarily having regard to the following factors:

  • the applicant’s circumstances
  • the applicant’s immigration history
  • if the applicant is a minor – the intention of a parent or legal guardian
  • any other relevant matter

The main purpose of the GTE requirement is to provide a useful way for DIBP to help identify those student visa applicants who are using the student visa programme for motives other than gaining a quality education. The GTE requirement is not designed to exclude those students who, after studying in Australia, go on to develop the skills required by the Australian labour market and apply to obtain permanent residency. One of our migration agents, Alfonso Varela, recently wrote an article on Skilled Migration as a pathway to permanent residency. You can read Alfonso’s article here.

An example of when a student visa applicant would be closely scrutinised under the GTE requirement is if he/she has enrolled in sequential courses at the same level (for example, at the diploma level) especially if the student repeatedly has not completed any of the courses in which they were enrolled. This could be seen as the student enrolling in courses just to stay in Australia, rather than for the genuine purpose of academic progression.

A further example of when a student visa applicant would be closely scrutinised under the GTE requirement is if the student applicant proposes to study in a field which is unrelated to their previous studies or employment history.
DIBP would consider factors such as whether the proposed course of study would assist an applicant to gain employment or at least improve employment prospects in their home country and whether the proposed course is relevant to the course of the student’s past or proposed future employment.

DIBP has recently completed an internal review of the GTE requirement. It found that the GTE requirement is effective and that there were “no systemic problems in how GTE requirement decisions were made.” DIBP subsequently asked for feedback from various sectors, including those in the education and training sector. The feedback was to be presented to the Assistant Minister for Immigration and Border Protection the Hon Michaelia Cash. The Assistant Minister is yet to release any statement on the matter.

A further requirement which must be met by Student Visa Applicants is the Genuine Student (GS) requirement. A student visa applicant would be considered to be a genuine student if they are able to obtain a successful educational outcome and they have the educational and material background (have the financial capacity) to have a reasonable chance of success.

An example of when a student visa applicant will be closely scrutinised under the GS requirement is if he/she has a history of visa refusal or non-compliance with immigration requirements of another country or the applicant has maintained ongoing residence in Australia on various short-term temporary visas and seeks to then apply for a student visa with an obvious objective of further extending their stay.

If you have concerns as to whether you will meet the GTE or GS visa requirements, you should contact us to talk to one of our friendly advisors. A good place to start is to book a Skype consultation to have a face-to-face chat with us here.

Alternatively, you can start the process of applying for a student visa here.

Vera Mom
Migration Advisor
MARN: 1383344

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Twitter
  • Google Bookmarks
  • Yahoo! Buzz
  • DZone
  • Ping.fm
  • StumbleUpon
  • Tumblr
  • Yahoo! Bookmarks

John Bell

Migration Advisor at National Visas
John Bell has been involved in the immigration industry since 2000 and has practiced in Australia as an Australian Registered Migration Agent since 2003. John also worked in the UK as a UK immigration adviser between 2000 and 2002.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Popular Articles

Study in Australia: 10 Basic Steps You Should Know

TweetSharebar TweetAustralia, one of the top five best countries to study in the world, offers sought-after quality education on top of exciting cultural diversity. Proof of delivery on this promise is the fact that five Australian universities have made it to the top 100 of the 400-plus higher education institutions worldwide ranked by Times Higher [...]

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Twitter
  • Google Bookmarks
  • Yahoo! Buzz
  • DZone
  • Ping.fm
  • StumbleUpon
  • Tumblr
  • Yahoo! Bookmarks