Student visa changes - Genuine Student (GS) requirement

In recognition that many international students may intend to seek permanent residence in Australia following the completion of their studies, and that the Student visa can be a legitimate pathway to permanent residence (e.g. where a student’s study may provide them the skills to fill Australian skills shortages), the Australian Government has removed the requirement for Student visa applicants to demonstrate that they genuinely intend to stay in Australia temporarily (i.e. the genuine temporary entrant criterion). Instead, the genuine temporary entrant criterion has now been replaced by the genuine student test, which involves an assessment as to whether the Student visa applicant is a genuine applicant for entry and stay as a student.

These changes came into effect on 23 March 2024, and when assessing the genuine student test, the Department will take into consideration a number of factors including the Student visa applicant’s circumstances, immigration history, compliance with visa conditions and any other relevant matter. The online application form will now require the applicant to address the below questions which are directly relevant to their satisfaction of the genuine student requirement:

1. Give details of the applicant’s current circumstances. This includes -

   • ties to family

   • ties to community

   • employment circumstances

   • economic circumstances

2. 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.

3. Explain how completing the course will be of benefit to the applicant.

4. Give details of any other relevant information the applicant would like to include.

There will also be an additional question for those applicants who have previously held a Student visa or who are lodging an onshore application from a non-Student visa (i.e. they presently hold a different type of visa), which is likely designed to assist the Department in determining whether the applicant genuinely intends to study in Australia, or whether they are just using the Student visa programme to extend their stay in Australia.

As generic answers which are not supported by documentary evidence will not be given significant weight in the genuine student assessment, it is therefore imperative that Student visa applicants address each of the above questions in detail, as well as upload any supporting documents which may substantiate their answers.

It is also important to get it right at the first go, as a refusal of a Student visa application may greatly affect your chances of being granted a Student visa (or even another visa) in the future.

To discuss your eligibility for a Student visa or how to address the genuine student requirement in your Student visa application, please contact info@inclusivemigration.com.au or book an appointment to speak to one of our lawyers today.