Genuine Temporary Entrant (GTE) replaced with Genuine Student (GS) for student visas (sc 500)

On Friday afternoon the Department of Home Affairs sent an email to Education providers highlighting changes to the Genuine Temporary Entrant (GTE) requirement for student visas (sc 500). The MIA will raise with the Department that this information should also have been sent to Registered Migration Agents and Legal practitioners.

As announced in the Migration Strategy released on 11 December 2023, the GTE requirement applicable to student visas (sc 500) is being replaced with a Genuine Student (GS) requirement.

The new GS requirement will have target questions that will provide decision makers with an overview of the applicant and their reasons for wanting to study in Australia.

The intended questions will cover:

details of their current circumstances, including ties to family, community, employment and economic circumstances;
an explanation for the choice of course and reasons for choosing Australia as a study destination;
what benefits the course provides to the applicant;
for applicants with a study history in Australia, details of their study history;
for applicants holding a visa other than a Student visa, their reasons for applying for a student visa; and
any other relevant information the applicant wishes to provide The GS requirement is planned to commence for student visa applications lodged on or after 23 March 2024. Student visa application lodged before 23 March 2024 will be assessed according to existing arrangements.

The GTE requirement will be retained for Student Guardian (sc 590) visa applications.

The student visa declaration will be amended to require applicants to confirm that they:

understand what it means to be a genuine student for the purposes of studying in Australia; have read, understand and commit to comply with student visa conditions and to notify the Department of Home Affairs of any changes to their circumstances; and understand that while post-study pathways to permanent migration are available, only a limited number of graduates will be eligible and those who are unable to remain lawfully in Australia must depart Australia. As part of the changes Ministerial Direction 69 will be revoked and replaced by two new ministerial directions, which will reflect the intention for the GS requirement to apply after the intended commencement date of 23 March 2024; and then to ensure that the GTE assessment applies to applications that have been lodged and not yet decided before 23 March 2024.

The Department has advised that any further information will be placed on their website closer to the implementation date of 23 March 2024.