Genuine Temporary Entrant (GTE)

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Genuine temporary entrant (GTE)

A GTE is a criterion is based on individual student’s circumstances and is highly discretionary on the decision maker, student visa applicants are advised to provide a detailed statement addressing any concerns that a decision maker may have and provide relevant supporting documents.

In assessing whether an applicant is a genuine student, the decision maker would generally have regard to all circumstances of the student visa applicants in relation but not limited to the following:

  1. Country of profiles of the student’s home country, which may include political upheavals, natural disasters, general visa compliance and visa frauds from other visa applicants.

  2. Applicant’s or a relative of the applicant’s past immigration history to Australia and other countries

    1. including past visa compliance and non-compliances

    2. whether applicant has previously applied for temporary or permanent visas

    3. whether these visas were granted or refused, cancelled

    4. the amount of time spent on these visas and the likelihood of using student visa to prolong student’s stay

    5. whether the student has undertaken a series of short, inexpensive courses, or remained on student visa for some time without successfully completing a qualification

  3. Applicant’s own circumstances in their home country and applicant’s potential circumstances in Australia

    1. Family and community ties with student’s home country and Australia

    2. Economic and employment prospect in Australia and home country

    3. Military service commitments

  4. The course(s) the student wishes to studyWhether the student and dependant spouse have entered into a relationship for visa purposes (contrived relationship)

    1. whether it is consistent with their current level of education

    2. whether they will assist the student to obtain or improve employment prospect in their home country

    3. any changes to career or study pathways should be reasonable

    4. whether the student has reasonable reasons for not undertaking the study in their home country or region if similar course is available.

    5. relevance of the course to the student’s past or proposed future employment in their home country or third country.

    6. remuneration the student would expect to receive in home or third country compared to Australia after completing the intended course

  5. Whether the student and dependant spouse have entered into a relationship for visa purposes (contrived relationship)

  6. Student’s knowledge of living in Australia, their intended course of study and the educational provider.  It could be based on the student’s previous studies and qualifications, and realistic expectation of the level of the student’s research into their course of study, living arrangement etc

  7. Applicant’s and financial sponsor’s ability to fully support the student’s costs in Australia, whether the student has genuine access to the funds.

Meet relationship requirements  
 
In most cases, you must be the 
spouse or de facto partner of an: 
 
  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen 
 
Your relationship can be with
 someone of the same or different sex. 
 
You might still be eligible for the visa if  your relationship breaks down or your sponsor dies while we are considering your application. 
 
Married applicants 
To be a married applicant: 
 
  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law 
 
To find out if your marriage is valid 
under Australian law, contact
 the relevant state or territory agency for births, deaths and marriages. 
 
De facto partners 
 
To be a de facto partner, you must be in a de facto relationship. you and your partner are in a de facto relationship if all these apply: 
 
  • you are not married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family 
 
Usually your de facto relatioship must have existed for at least 12 months immediately before you  apply for the visa. 
 
Time spent dating or in an online 
relationship might not count 
as being 
in a de facto  relationship. 
 
The 12- month requirement will not apply if you can show us compelling and compassionate 
 
circumstances exist to grant the 
subclass 820 visa. 
 
The 12-month requirement also will not apply if: 
 
  • your partner holds or held a

    permanent humanitarian visa

  • your de facto relationship existed before we granted their visa
  • you de facto partner told us about the relationship before we granted their visa  
 
It also will not apply if you: 
 
  • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages 
 
You might still be granted the temporary 
visa if your relationship
 has broken down or if your sponsor died.
 
  

You must have a sponsor when you lodge your application and when you are on this visa. 

We must approve your sponsor. There are limitations on approval. 

You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa

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