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Nowe kryteria rozpatrywania aplikacji dla wiz studenckich do Australii

The Genuine Temporary Entrant (GTE) requirement was introduced in the end of 2011 to help improve the integrity of the student visa program and identify those applicants who are using the Student Visa program for motives other than gaining a quality education in Australia.

This new criteria explicitly addresses whether the individual circumstances of an applicant indicate that their intention is for a temporary stay in Australia and it applies to all student visa subclasses for all assessment levels

Based on the Minister’s new Direction 53 – Assessing the Genuine Temporary Entrant Criterion for Student Visa Applications - an applicant for a student visa must now prove to Immigration (DIAC) that they are both a genuine student and genuine temporary entrant as well to be granted a visa. This new Direction 53 gives a DIAC decision maker the ability to form a view based on almost anything they can possibly imagine or infer that the applicant is not intending to come here, study, graduate and then depart.

In short to be granted a student visa, applicants must satisfy the department that they have a genuine intention to stay in Australia temporarily.

Factors that the department considers as part of the GTE requirement include:

  • circumstances in the applicant’s home country
  • the applicant’s potential circumstances in Australia
  • the applicant’s immigration history
  • the value of the course to the applicant’s future
  • any other matter relevant to the applicant’s intention to stay temporarily.

There are no changes planned to the genuine student requirement.

A genuine student is a student who intends to obtain a successful educational outcome and has the language, educational and material background to have a reasonable chance of achieving this educational outcome.

The other factors that are considered under the GTE requirement to be a genuine applicant for entry and study as a student include:

  • English language proficiency;
  • financial capacity;
  • prerequisite schooling;
  • age requirements;
  • intention to comply with visa conditions

and

  • Whether the applicant has sound reasons for not undertaking the study in the home country or region if a similar course is already available there.
  • The applicant’s knowledge of living in Australia and their intended course of study and the associated education provider; including previous study and qualifications, what is a realistic level of knowledge an applicant could be expected to know and the level of research the applicant has undertaken into their proposed course of study and living arrangements.
  • Whether the student is seeking to undertake a course that is consistent with their current level of education and whether the course will assist the applicant to obtain employment or improve employment prospects in their home country.
  • Relevance of the course to the student’s past or proposed future employment either in their home country or a third country.
  • Remuneration the applicant could expect to receive in the home country or a third country, compared with Australia, using the qualifications to be gained from the proposed course of study.
  • Previous visa applications for Australia or other countries, including: if the applicant previously applied for an Australian temporary or permanent visa; if the applicant has previously applied for visas to other countries, whether they were refused a visa and the circumstances that led to visa refusal.
  • Previous travels to Australia or other countries, including: if the applicant previously travelled to Australia, whether they complied with the conditions of their visa and left before their visa ceased, and if not, were there circumstances beyond their control; whether the applicant previously held a visa that was cancelled or considered for cancellation, and the associated circumstances; the amount of time the applicant has spent in Australia and whether the Student visa may be used primarily for maintaining ongoing residence, including whether the applicant has undertaken a series of short, inexpensive courses, or has been in Australia for some time without successfully completing a qualification; if the applicant has travelled to countries other than Australia, whether they complied with the immigration laws of that country and the circumstances around any non-compliance.
  • The extent of the applicant’s personal ties to their home country (for example family, community and employment) and whether they would serve as a significant incentive to return to their home country.
  • Economic circumstances of the applicant that would present as a significant incentive for the applicant not to return to their home country. This may include consideration of the applicant’s circumstances relative to the home country and to Australia.
  • Military service commitments that would present as a significant incentive for the applicant not to return to their home country.
  • Political and civil unrest in the applicant’s home country. This includes situations of a nature that may induce the applicant to apply for a Student visa as means of obtaining entry to Australia for the purpose of remaining indefinitely.
  • The applicant’s ties with Australia which would present as a strong incentive to remain in Australia. This may include family and community ties.
  • Evidence that the Student visa program is being used to circumvent the intentions of the migration program.
  • Whether the Student visa is being used to maintain ongoing residence.
  • Whether the primary and secondary applicant(s) have entered into a relationship of concern for Student visa purposes.

The GTE is not designed to exclude those students who, after studying in Australia, go on to develop the skills required by the Australian labour market and go on to obtain permanent residency.

While many overseas students make a decision to apply for permanent residence upon completing their studies, this is an entirely separate process and there is no guarantee that, on the basis of having held a student visa, a person will meet the requirements to be granted permanent residence. Students should not make educational choices solely on the basis of hoping to achieve a particular migration outcome, as the GSM program will continue to change and adapt to Australia’s economic needs.

If you would like to apply for an Australian student visa, we can help. Please feel free to contact us for further information about education programs available to you in Australia and our visa and immigration advice   

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