Student visas: How the Genuine Student (GS) requirement will be assessed
As part of the Australian Government’s abolishment of the Genuine Temporary Entrant (GTE) criterion for Student visas and introduction of the Genuine Student (GS) requirement, Direction 106 - Assessing the genuine entry and stay requirements for Student visa and Student Guardian visa applications commenced on 23 March 2024.
Direction 106 applies to all Student (Subclass 500) visa and Student Guardian (Subclass 590) visa applications made on or after 23 March 2024.
Student (Subclass 500) visa
As discussed in our previous blog post, Student visa applicants no longer need to satisfy the genuine temporary entrant (GTE) criterion and must now instead satisfy the Genuine Student (GS) requirement.
For more information, check out our free Student Visa Guide.
Under Direction 106, decision makers (i.e. a delegates of the Minister at the Department of Home Afffairs and members of the Administrative Appeals Tribunal) will now have regard to the following factors when deciding whether an applicant is a genuine applicant for entry and stay as a student (or as a member of the family unit of the person who holds a student visa):
the applicant’s circumstances;
the applicant’s immigration history;
if the applicant is a minor - the intentions of a parent, legal guardian or spouse of the applicant;
the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any);
the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
any other relevant matter.
Notably, Direction 106 identifies a number of circumstances whereby further scrutiny may be appropriate, including but not limited to where:
information in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the Department indicate the need for further scrutiny;
the applicant or a relative of the applicant has an immigration history of reasonable concern;
the primary applicant for a Subclass 500 (Student) visa intends to study in a field unrelated to their previous studies or employment;
apparent inconsistencies in information provided by the applicant in their visa application;
the applicant holds a Subclass 485 (Temporary Graduate) visa, a Subclass 600 (Visitor) visa, a Subclass 601 (Electronic Travel Authority) visa or a Subclass 651 (eVisitor) visa; or
the applicant holds a student visa, or previously held one or more student visas.
Student Guardian (Subclass 590) visa
Student Guardian visa applicants must continue to satisfy the genuine temporary entrant (GTE) criterion, and when assessing the GTE criterion, decision makers will have regard to the primary applicant’s circumstances, immigration history and any other relevant matter to determine whether the applicant intends genuinely to stay in Australia temporarily, notwithstanding the potential for this intention to change over time (i.e. even if there is a potential for the applicant to intend to apply for another visa or permanent residence in the future).
For more information, check out our free Student Visa Guide, in which we break down what all Student visa applicants should be addressing in their Student visa application, to demonstrate that they are a genuine student and thereby minimise the chances of refusal.
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 submit an enquiry using the contact form on our website.
