How to Prove You’re a Genuine Temporary Entrant?
The Genuine Temporary Entrant (GTE) requirement is a hurdle many people who want a temporary visa to Australia must overcome.
A Delegate’s assessment of whether an applicant passes GTE can sometimes delve right down into the individual aspects of an applicant’s life, but this article is focused on the more general aspects that people struggle with, and hopefully will help you understand if you’re going to have problems.
While a lay understanding of the Genuine Temporary Entrant requirement may not seem like a barrier to entry, many clients come to AHC Lawyers asking for help following the refusal of their visa due to this requirement.
Common ways Genuine Temporary Entrant (GTE) is expressed
In the Migration Regulations, GTE is included in multiple visa requirements, for example, the Visitor (subclass 600) visa where it is written:
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
any other relevant matter.
Migration Regulations 1994 r600.211
Alternatively, another common visa that contains a more expansive variation on the Genuine Temporary Entrant Criteria is the Student (subclass 500) visa:
The applicant is a genuine applicant for entry and stays as a student because:
the applicant intends genuinely to stay in Australia temporarily, having regard to:
the applicant’s circumstances; and
the applicant’s immigration history; and
if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
any other relevant matter; and
2. the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
of any other relevant matter.
Migration Regulations 1994 r500.212
How does this apply to you?
We’ll come back to the ‘any other relevant matter’ part later, but it should be clear that an applicant’s immigration history plays a big role in how hard it will be for them to pass the GTE. Common issues an applicant might have are:
A previous application for a permanent visa, such as the protection visa;
Previously overstaying a visa;
Whether the applicant has been recorded as previously breaching their visa conditions;
Whether the applicant appears to be stringing together multiple visas as a way to extend their stay;
If one of these applies to you, you may want to consider speaking to a Migration Professional, as there’s a good chance you’ll be refused for failing GTE.
Sometimes though, an applicant who has never travelled internationally at all can face substantial difficulty, as a Delegate assessing their application will be forced to consider the ‘any other relevant matter’ aspect, in the absence of travel history.
What does ‘any other relevant matter’ include?
In summary, Delegates are looking for aspects of an applicant’s life that would convince them that the applicant intends to leave Australia at the end of their visa. The Department of Immigration is extremely wary of applicants that will use the tourist or student visa program as a gateway to permanent residency, or as a way to undermine the employer-sponsored visa program.
This is why Tourist Visas will always come with condition 8101 – ‘No Work’, or in the case of Student visas, condition 8104 – ‘Limited Work’.
It’s hard to say what aspects of an applicant’s life in their home country can demonstrate an intention to return, but in summary, a visitor visa application shows:
Long-term employment, especially if well-paid or skilled;
Ongoing study commitments;
Property or asset ownership;
Strong family or community ties; and finally
Adequate funds to support themselves during their stay.
Will be more favourably assessed.
In a Student Visa context, you’ll additionally be adding evidence showing that your chosen course will increase your career prospects and that you have chosen your education provider through thorough research.
Final Thoughts
Overall GTE doesn’t appear too difficult to satisfy, and the most common mistake an applicant can make is to be stingy with their personal information, especially when they’re not sure what the delegate is looking for.
However, even when you think you know what to submit, you can still struggle with this requirement, as the consideration of ‘any other relevant matter’ can be extremely broad and focus on an aspect of an individual that’s too niche to be covered here.
If you’ve recently been refused for failing GTE or lack confidence that you’ll be able to demonstrate your intentions, AHC Lawyers is very experienced in extracting the right information from an applicant’s circumstances and making sure it’s presented in a way that passes the criteria.
How Can Agape Henry Crux Help You?
Australian immigration law can be very complex - if you want to find out more about a visa or citizenship application, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.