The Genuine Temporary Entrant (GTE) Requirement (Recommendations 1 and 2)

Transcription

1 The Genuine Temprary Entrant (GTE) Requirement (Recmmendatins 1 and 2) The fllwing infrmatin prvides further detail n the planned Knight Review changes t the student visa prgram. Frequently asked questins The GTE requirement explicitly addresses whether the individual circumstances f an applicant indicate that their intentin is fr a temprary stay in Australia. Student visa applicants must be bth a GTE and a genuine student t be granted a visa. What is a genuine student? A genuine student is a student wh intends t btain a successful educatinal utcme and has the language, educatinal and material backgrund t have a reasnable chance f achieving this educatinal utcme. Factrs that are cnsidered under the existing requirement t be a genuine applicant fr entry and study as a student include: English language prficiency; financial capacity; prerequisite schling; age requirements; and intentin t cmply with visa cnditins. There are n changes planned t the genuine student requirement. Why has the GTE requirement been intrduced? The GTE requirement was intrduced n 5 Nvember 2011 and will help imprve the integrity f the student visa prgram. A number f the prpsed changes arising frm the Strategic Review f the Student Visa Prgram wuld relax visa requirements fr internatinal students. These ther changes can nly be made pssible thrugh the intrductin f the GTE requirement. Will this make it harder t get a student visa? The GTE requirement will nt make it mre difficult fr genuine student visa applicants t btain a visa. It will, hwever, prvide a useful way t help identify thse applicants wh are using the student visa prgram fr mtives ther than gaining a quality educatin. What is genuineness? The Department f Immigratin and Citizenship (the department) has been assessing the genuineness f visa applicants fr many years. Fr example, the department currently successfully assesses visitr visa applicants against the genuine visitr requirement. A genuineness assessment is generally made by taking int accunt a number f persnal factrs relating t an applicant such as their immigratin histry, circumstances that may encurage the applicant t return t their hme cuntry and cnditins that might encurage the applicant t remain in Australia. March 2012

2 The GTE requirement perates in a similar manner t the department s genuine visitr requirement. The genuine visitr requirement has been in peratin fr a number f years and in ver 1.5 millin visitr visa applicants were assessed against the requirement. Des the GTE requirement apply t applicatins ldged befre 5 Nvember 2011? Applicatins ldged befre 5 Nvember 2011 will nt be assessed against the GTE requirement. Hw des the intrductin f streamlined visa prcessing impact n the GTE requirement? The streamlined visa prcessing des nt change this requirement. All applicants fr a student visa must meet the requirement. Hw will the GTE requirement perate? T be granted a student visa, applicants must satisfy the department that they have a genuine intentin t stay in Australia temprarily. Factrs that the department cnsiders as part f the GTE requirement include: circumstances in the applicant s hme cuntry the applicant s ptential circumstances in Australia the applicant s immigratin histry the value f the curse t the applicant s future any ther matter relevant t the applicant s intentin t stay temprarily. Examples f factrs that are cnsidered under the GTE requirement Whether the applicant has sund reasns fr nt undertaking the study in the hme cuntry r regin if a similar curse is already available there. Decisin makers shuld allw fr any reasnable mtives as established by the applicant. The extent f the applicant s persnal ties t their hme cuntry (fr example family, cmmunity and emplyment) and whether they wuld serve as a significant incentive t return t their hme cuntry. Ecnmic circumstances f the applicant that wuld present as a significant incentive fr the applicant nt t return t their hme cuntry. This may include cnsideratin f the applicant s circumstances relative t the hme cuntry and t Australia. Military service cmmitments that wuld present as a significant incentive fr the applicant nt t return t their hme cuntry. Plitical and civil unrest in the applicant s hme cuntry. This includes situatins f a nature that may induce the applicant t apply fr a Student visa as means f btaining entry t Australia fr the purpse f remaining indefinitely. Decisin makers shuld be aware f the changing circumstances in the applicant s hme cuntry and the influence these may have n an applicant s mtivatins fr applying fr a Student visa. The applicant s ties with Australia which wuld present as a strng incentive t remain in Australia. This may include family and cmmunity ties. 2

3 Evidence that the Student visa prgram is being used t circumvent the intentins f the migratin prgram. Whether the Student visa is being used t maintain nging residence. Whether the primary and secndary applicant(s) have entered int a relatinship f cncern fr Student visa purpses. Where it has been determined that an applicant and dependant have cntrived their relatinship fr Student visa purpses, the decisin maker can find that bth applicants d nt satisfy the genuine temprary entrant requirement. The applicant s knwledge f living in Australia and their intended curse f study and the assciated educatin prvider; including previus study and qualificatins, what is a realistic level f knwledge an applicant culd be expected t knw and the level f research the applicant has undertaken int their prpsed curse f study and living arrangements. Whether the student is seeking t undertake a curse that is cnsistent with their current level f educatin and whether the curse will assist the applicant t btain emplyment r imprve emplyment prspects in their hme cuntry. Decisin makers shuld allw fr reasnable changes t career r study pathways. Relevance f the curse t the student s past r prpsed future emplyment either in their hme cuntry r a third cuntry. Remuneratin the applicant culd expect t receive in the hme cuntry r a third cuntry, cmpared with Australia, using the qualificatins t be gained frm the prpsed curse f study. Previus visa applicatins fr Australia r ther cuntries, including: if the applicant previusly applied fr an Australian temprary r permanent visa if the applicant has previusly applied fr visas t ther cuntries, whether they were refused a visa and the circumstances that led t visa refusal. Previus travels t Australia r ther cuntries, including: if the applicant previusly travelled t Australia, whether they cmplied with the cnditins f their visa and left befre their visa ceased, and if nt, were there circumstances beynd their cntrl whether the applicant previusly held a visa that was cancelled r cnsidered fr cancellatin, and the assciated circumstances the amunt f time the applicant has spent in Australia and whether the Student visa may be used primarily fr maintaining nging residence, including whether the applicant has undertaken a series f shrt, inexpensive curses, r has been in Australia fr sme time withut successfully cmpleting a qualificatin if the applicant has travelled t cuntries ther than Australia, whether they cmplied with the immigratin laws f that cuntry and the circumstances arund any nn-cmpliance. If the applicant is a minr the intentins f a parent, legal guardian r spuse f the applicant. 3

4 Which visas des the GTE requirement apply t? The GTE requirement applies t all student visa subclasses. I am subject t Assessment Level 1, des the GTE requirement apply t me? Yes, the GTE requirement applies t all student visa subclasses fr all assessment levels. What supprting dcumentatin d I need t prvide with my applicatin? Applicants shuld refer t student visa applicatin checklists t assist in preparing their applicatins fr ldgement. These are available fr each subclass and assessment levels n the department s website. See: As with previus arrangements, the department may ask an applicant t prvide mre infrmatin r t attend an interview in rder t determine whether they meet the criteria fr grant f the visa. Hwever, a decisin n the visa applicatin may be made slely n the infrmatin prvided in the applicatin. My plan is t study in Australia and then I hpe t apply fr a permanent visa thrugh the General Skilled Migratin (GSM) prgram upn cmpletin f my studies. Will my student visa applicatin be refused under the GTE requirement? The GTE is nt designed t exclude thse students wh, after studying in Australia, g n t develp the skills required by the Australian labur market and g n t btain permanent residency. While many verseas students make a decisin t apply fr permanent residence upn cmpleting their studies, this is an entirely separate prcess and there is n guarantee that, n the basis f having held a student visa, a persn will meet the requirements t be granted permanent residence. Students shuld nt make educatinal chices slely n the basis f hping t achieve a particular migratin utcme, as the GSM prgram will cntinue t change and adapt t Australia s ecnmic needs. See: Example where the prpsed GTE requirement wuld likely be met (subject t ther aspects f their individual circumstances) A student visa hlder has been in Australia fr several years during which time he r she cmplied with their visa cnditins and successfully cmpleted high schl and a diplma curse. The student is nw seeking t further their educatin by pursuing a bachelr s degree. An applicant wh has just cmpleted a bachelr degree verseas and nw wants t cmplete a master s degree in Australia in a related field. The applicant has a relatively gd standard f living in their hme cuntry and is able t explain during interview hw the curse will benefit them in the future. 4

5 Examples where the prpsed GTE requirement wuld likely nt be satisfied (subject t ther aspects f their individual circumstances) An applicant undertaking a series f shrt, inexpensive curses, which the decisin maker believes are nly being undertaken in rder t prlng the persn s stay in Australia fr example, where a curse is structured t include nly shrt term perids f study and the maximum allwed break in between study perids. A student visa hlder wh has been in Australia fr extensive perids f time either withut having successfully cmpleted a qualificatin, r wh has mved educatin prviders n numerus ccasins and has failed t finish a curse f study, withut a reasnable explanatin fr this. An applicant wh has a histry f visa refusal, r nn-cmpliance with immigratin requirements in anther cuntry. An applicant wh has a relatively lw standard f living in their hme cuntry, has nt studied in the ten years since cmpleting high schl and intends t study a curse that wuld nt significantly increase the applicant's emplyability upn return t their hme cuntry. 5