Immigration Lawyers in Melbourne
immigration lawyers in melbourne

Genuine Student Requirements

The Government has replaced the Genuine Temporary Entrant (GTE) requirement for student visas with a Genuine Student (GS) requirement. This is effective for student visa applications lodged on and after 23 March 2024.

This requirement does NOT apply to student visa applications lodged before 23 March 2024. The Department will continue to assess these applications against the GTE requirement.

All applicants for a student visa must be a genuine applicant for entry. They must stay as a student and be able to show an understanding that studying in Australia is the primary reason of their student visa. The GS requirement is intended to include students who, after studying in Australia, develop skills Australia needs and who then go on to apply for permanent residence.

To be granted a student visa, all applicants must demonstrate they satisfy the genuine student criterion or the genuine student dependent criterion.

In the online student visa application form, the Department will ask the applicant the below questions to address the GS criteria. 

  • Give details of the applicant’s current circumstances. This includes ties to family, community, employment and economic circumstances. 
  • Explain why the applicant wishes to study this course in Australia with this particular education provider. This must also explain their understanding of the requirements of the intended course and studying and living in Australia.
  • Explain how completing the course will be of benefit to the applicant.
  • Give details of any other relevant information the applicant would like to include.

Answers must be written in English, with a maximum of 150 words per question.

There is an additional question for those applicants who have previously held a student visa or those who are lodging an application in Australia from a non-student visa.

Along with the responses included in the application form, the applicant must attach supporting document.

It is important to note that generic statements unsupported by evidence are not given significant weight in the GS assessment. This means it is important to provide evidence to support a claim made by the applicant.

The Department will consider an applicant’s overall personal circumstances when it assesses whether they are a genuine student.

What evidence and information to include

Applicants to provide evidence or information about:

Previous study​​

This includes:

  • Academic transcripts showing qualifications achieved
  • Name of the education provider(s)
  • Length of study
  • Certificates of attainment

Previous study in Australia​​​

This includes:

  • A complete history of study record(s) in Australia
  • Reasons for change of course and/or education providers
  • Details of information on course progress
  • Study gaps of more than 2 months during an academic year
  • Any other information the applicant considers relevant to their study record in Australia

Current employment​​

This includes:

  • Details of their current employer and company address
  • Period of employment
  • Details of position held
  • The name and contact details of someone who can confirm the circumstances of the declared employment

Circumstances in their home country or coun​try of residence

This includes:

  • The nature of the applicant’s personal ties eg. example family, community and employment. They will need to provide reasons for not studying in their home country if a similar course is available.

Economi​c circumstances in home country or country of residence

This includes:

  • Documents showing employment or business activities for 12 months before lodging an application
  • Potential employment offers including salary and other benefits, after course completion
  • Income tax return or bank statements

If there is political and civil unrest and military service commitments in the applicant’s home country that would present as a significant incentive for them to leave their home country, they must provide their reasons and supporting evidence.

How the Department will​​ assess GS

The GS criterion focuses on the assessment of the student’s intention to genuinely study in Australia. It considers factors including the applicant’s:

  • circumstances
  • immigration history
  • compliance with visa conditions and any other relevant matter.

This criterion acknowledges that post-study pathways are available for those who may be eligible.

Situations in their ​​​home country (or country of residence)

The Department will consider:

  • reason for not studying in their home country or region if a similar course is available there
  • the nature of the applicant’s personal ties to their home country
  • economic circumstances
  • military service commitments political and civil unrest in their home country.

Potential situatio​n in Australia

The Department will consider:

  • level of knowledge of the proposed course and education provider and of living in Australia
  • previous study and qualifications
  • level of research the applicant has undertaken into their proposed course of study and living arrangements.

Value​​ of the course to their future

The Department will consider:

  • if the course is consistent with their current level of education and if the course will assist them to obtain employment or improve employment prospect in their home country or another country.
  • if the course is relevant to past or proposed future employment in their home country or another country
  • expected salary and other benefits in their home country or another country obtained with the applicant’s qualifications from the proposed course of study.

Immigration ​history

The Department will consider:

  • visa and travel history for Australia and other countries
  • previous visa applications for Australia or other countries
  • visa refusals or cancellations.

If the applicant is a minor, the Department will consider the intentions of the parent, legal guardian or spouse.

Othe​​r relevant matter

The Department will consider other relevant information the applicant would like to include in their application.​

For more information, refer to Ministerial Direction No. 106 (348KB PDF).

If you need assistance with a student visa or any other migration law matter, contact the best migration lawyers in Australia.

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