According to the Department of Home Affairs, all applicants that apply for a student visa must demonstrate that they are coming to Australia temporarily for educational purposes.
The Genuine Temporary Entrant (GTE) requirement is a requirement for all student visas and it is also the most common reason why the Department refuses student visas.
To satisfy the GTE criteria, your individual circumstances must show that you genuinely intend on staying in Australia temporarily.
During the assessment of the GTE requirement, the following factors will be considered:
- Your personal circumstances in your home country;
- Your potential circumstances in Australia;
- Your past immigration history;
- The value of the program for your future, as well as;
- Any other factor that may be relevant to your intention to temporary stay in Australia.
How do I satisfy the GTE requirement?
It is recommended that you provide a personal statement in English to address the GTE requirement. Providing a written statement in the application form, in addition to attaching supporting documents will improve your chances of receiving your student visa. This written statement should explain your personal circumstances and intentions. Please note that providing a generic statement with no supporting evidence will not be weighed heavily during the GTE assessment.
Types of evidence to include in your GTE statement:
- Previous study (such as academic transcripts, name of education provider, length of study, and/or certificates of attainment)
- If there are any gaps in previous study, you should provide reasons why you did not maintain enrolment.
- Current Employment (such as you current employer, company address, details of your position, period of employment and other relevant details).
- Ties to your home country or country of residence, which can be used to demonstrate that you intend to return home.
- Economic situation in home country.
What information should I try and cover in my written statement?
In order to successfully satisfy the GTE requirement and obtain your student visa, you should include extensive information in your written statement, explaining your personal circumstances and intentions.
Below is a list of suggestions for the information you should try and include:
- Your choice of program (How will this program benefit your future? What do you know about this program? How does it relate to your previous studies?)
- Your choice of education provider (what research did you conduct before deciding upon this specific university/school? What do you know about this education provider?)
- Your choice to study in Australia (How will studying in Australia benefit you? Why have you chosen to study in your chosen city? If this program is offered in your country, why have you chosen to study it in Australia?)
- Ties to your home country (Are you single or married? What do your parents do? Are you employed in your home country?)
- What connections you have in Australia (Do you have family living in Australia? Does your spouse intend on coming with you? Do you have any children?)
- Your Immigration and Travel History (Have you previously travelled to Australia and if so, did you comply with your visa conditions? Have you previously applied for a visa? Have you previously applied, or been accepted for a visa in a different country?)
Will my student visa application be refused under the GTE requirement, if I want to study in Australia and have an intention to apply for permanent residency upon completion of my studies?
This has been a question that has been significantly considered and evaluated by the Federal Court of Australia. In 2015, a case passed through the courts involving student visas and satisfying the GTE requirement. During this case, it was argued that the visa applicant could not satisfy the GTE because they had a subjective intention to seek permanent residency in Australia, at some point in the future. However, the Full Court’s decision in this case found that, even though an applicant for a student visa has a settled intention to seek permanent residency if possible, having that intention will not necessarily prevent an applicant from satisfying the GTE criterion and therefore obtaining a student visa.
If you need assistance or advice with your visa application, Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 or email us on [email protected] and book your free consultation today!