Overview

As of 23 March 2024, the Australian Government has replaced the Genuine Temporary Entrant (GTE) requirement with the Genuine Student (GS) requirement for Student Visa (Subclass 500) applications. This change reflects a more nuanced approach to assessing whether a student genuinely intends to study in Australia.

What Is the Genuine Student Requirement?

The GS requirement ensures that student visa applicants:

• Are genuinely intending to study in Australia.
• Understand that education is the primary purpose of their visa.
• May pursue post-study pathways, including permanent residency, if eligible.
• Are not using the student visa as a backdoor entry for other purposes.

GS Questions in the Visa Application Form

Applicants must answer four key questions in English (max 150 words per question) in the online visa application form:

1. Describe your current circumstances
   Include ties to family, community, employment, and economic situation.
2. Explain why you chose this course and education provider in Australia
   Show your understanding of the course requirements and life in Australia.
3. Explain how completing this course will benefit you
   Describe how it aligns with your career goals or future plans.
4. Provide any other relevant information
   Include anything else that supports your genuine intention to study.

An additional question applies to applicants who:

• Previously held a student visa, or
• Are applying from within Australia on a non-student visa.

Supporting Documents Required

Generic statements without evidence are not given significant weight. Applicants must upload supporting documents to their ImmiAccount to validate their claims.

Recommended Evidence Includes:

1. Previous Study

• Academic transcripts
• Certificates of attainment
• Name of education provider(s)
• Duration of study

2. Previous Study in Australia (if applicable)

• Full study history
• Reasons for changing course or provider
• Course progress details
• Study gaps over 2 months
• Any other relevant academic information

3. Current Employment

• Employer name and address
• Job title and duration
• Contact person for verification

4. Personal Circumstances in Home Country

• Family, community, and employment ties
• Reason for not studying locally if similar courses exist

5. Economic Circumstances

• Employment or business records (last 12 months)
• Job offers after graduation (with salary details)
• Tax returns or bank statements

6. Political or Civil Unrest / Military Service

• If applicable, provide evidence and explanation of how these factors influence your decision to study abroad

How the GS Requirement Is Assessed

The Department of Home Affairs evaluates the overall personal circumstances of the applicant. Key factors include:

Home Country Situation

• Why not study locally?
• Family and community ties
• Economic conditions
• Military obligations or unrest

Situation in Australia

• Knowledge of the course and provider
• Research into living arrangements
• Previous qualifications and study history

Value of the Course

• Relevance to current education level
• Alignment with career goals
• Expected salary and benefits after graduation

Immigration History

• Visa and travel history (Australia and other countries)
• Previous visa refusals or cancellations

For minors, the intentions of the parent, guardian, or spouse are also considered.

For More Information

Visit the official Genuine Student Requirement page or refer to Ministerial Direction No. 106 (PDF).

Ministerial Direction No. 106

Part 1 – Preliminary

1. Name of Direction

This Direction is Direction No. 106 – Assessing the genuine entry and stay requirements for Student visa and Student Guardian visa applications.
It may be cited as Direction No. 106.

2. Commencement

This Direction commences on 23 March 2024.

3. Revocation

Nil. (No previous direction is revoked.)

4. Application

1. This Direction applies to:
   • Subclass 500 (Student) visa applications and Student Guardian visa applications lodged on or after 23 March 2024, including those remitted from the Administrative Appeals Tribunal, the Administrative Review Tribunal (upon its establishment), or a Court.
2. It applies to:
   • Delegates of the Minister performing functions under section 65 of the Migration Act 1958, in relation to assessing the genuine student criterion, genuine student dependent criterion, and genuine temporary entrant criterion.
3. It also applies to:
   • Members of the Administrative Appeals Tribunal or the Administrative Review Tribunal (upon its establishment) reviewing decisions related to Subclass 500 or Student Guardian visa applications.

Note: Direction No. 108 applies to applications lodged before 23 March 2024 but not finally determined on that date.

5. Interpretation

Definitions used in this Direction:

• Act: Migration Act 1958
• Genuine student criterion: Clause 500.212 of Schedule 2 to the Regulations
• Genuine student dependent criterion: Clause 500.312 of Schedule 2 to the Regulations
• Genuine temporary entrant criterion: Paragraph 590.215(a) of Schedule 2 to the Regulations
• Home country: As defined in regulation 1.03
• Primary applicant: A visa applicant seeking to satisfy the primary criteria
• Secondary applicant: A visa applicant seeking to satisfy the secondary criteria
• Regulations: Migration Regulations 1994
• Relative and Spouse: As defined in the Act and Regulations
• Student visa: Subclass 500
• Student Guardian visa: Subclass 590

6. Preamble

1. This Direction complements changes made by the Migration Amendment (Subclass 500 Visas) Regulations 2024 and provides guidance to decision makers on assessing:
   • The genuine student criterion
   • The genuine student dependent criterion
   • The genuine temporary entrant criterion (for Student Guardian visas)
2. The student visa program allows non-citizens and non-permanent residents to undertake study in Australia.
   Anyone wishing to study for more than 3 months must obtain a Subclass 500 Student visa.
3. A genuine student applicant must demonstrate:
   • Circumstances and intentions that show a genuine desire to study
   • Willingness to comply with visa conditions
4. Under the Regulations:
   • Primary applicants must satisfy the genuine student criterion
   • Secondary applicants must satisfy the genuine student dependent criterion
5. These criteria require the applicant to be:
   • A genuine applicant for entry and stay as a student or as a family member of a student visa holder, considering:
     • (i) The applicant’s circumstances
     • (ii) Immigration history
     • (iii) If a minor – the intentions of a parent, legal guardian, or spouse
   • Intent to comply with visa conditions, considering:
     • (i) Past compliance with visa conditions
     • (ii) Stated intention to comply
   • Any other relevant matter

Part 2 – Directions

Section 7 – Assessing Subclass 500 (Student) visa applications and Student Guardian visa applications

1. Decision makers must take a reasonable and balanced approach between:
   • The need to make a timely decision on a Subclass 500 or Student Guardian visa application, and
   • The need to identify applicants who, at the time of decision, do not satisfy the genuine student criterion, genuine student dependent criterion, or genuine temporary entrant criterion (as applicable).
2. Decision makers should not treat the listed factors as a checklist.
   These factors are intended to guide decision makers in considering the applicant’s circumstances as a whole.
   There may be other relevant factors not listed in this Direction that must be considered.
3. Decision makers must assess whether the relevant criterion is satisfied by considering the applicant against all relevant factors specified in this Direction.
4. Where closer scrutiny of the applicant’s circumstances is appropriate, decision makers may request additional information or evidence to demonstrate that the applicant satisfies the genuine student criterion, genuine student dependent criterion, or genuine temporary entrant criterion.
5. Circumstances where further scrutiny may be appropriate include, but are not limited to:
   • a) Information from statistical, intelligence, or analysis reports on migration fraud or immigration compliance indicates the need for further scrutiny.
   • b) The applicant or a relative has an immigration history of reasonable concern.
   • c) The primary applicant intends to study in a field unrelated to their previous studies or employment.
   • d) There are inconsistencies in the information provided in the visa application.
   • e) The applicant holds a:
     • Subclass 485 (Temporary Graduate) visa,
     • Subclass 600 (Visitor) visa,
     • Subclass 601 (Electronic Travel Authority) visa, or
     • Subclass 651 (eVisitor) visa.
   • f) The applicant currently holds or previously held one or more student visas.
6. For Subclass 500 visa applications:
   • If the decision maker is not satisfied that the primary applicant meets either paragraph 500.212(a) or (b), they do not need to assess the remaining paragraphs in clause 500.212.
   • The same applies when assessing secondary applicants under paragraph 500.312(a) or (b) in clause 500.312.

Division 1 – Assessing the Genuine Student and Genuine Student Dependent Criteria for Subclass 500 (Student) Visa Applications

Section 8 – The Applicant’s Circumstances (Subparagraphs 500.212(a)(i) and 500.312(a)(i))

1. Decision makers should consider both:
   • The applicant’s circumstances in their home country, and
   • The applicant’s potential circumstances in Australia.

🔹 The Applicant’s Circumstances in Their Home Country

2. When assessing the applicant’s home country circumstances, decision makers should consider:

• a) Whether the applicant has reasonable reasons for not undertaking the study in their home country or region if a similar course is available there. Reasonable motives should be accepted.
• b) The nature of the applicant’s personal ties to their home country (e.g., family, community, employment), and whether these ties could be a significant incentive to use the student visa for purposes other than study.
• c) The applicant’s economic circumstances, and whether these could be a significant incentive to use the visa for non-study purposes. This includes comparing the applicant’s situation in their home country versus Australia.
• d) Military service commitments that may incentivize the applicant to seek entry to Australia for reasons other than study.
• e) Political and civil unrest in the applicant’s home country that may influence their motivation to apply for a student visa for non-study purposes.

3. Decision makers may also consider the applicant’s circumstances relative to others in their home country.

🔹 The Applicant’s Potential Circumstances in Australia

4. When assessing the applicant’s potential circumstances in Australia, decision makers should consider:

• a) The applicant’s knowledge of living in Australia, their intended course of study, and the education provider — including any previous study and qualifications.
• b) The level of research the applicant has undertaken into their proposed course and living arrangements.
• c) Whether the student visa is being used to maintain ongoing residence rather than for genuine study purposes.
• d) Whether the primary and secondary applicants have entered into a contrived relationship for the purpose of obtaining a student visa.

🔹 Value of the Course to the Applicant’s Future

5. Decision makers should assess the value of the course to the applicant’s future by considering:

• a) Whether the course is consistent with the applicant’s past employment and current education level, and whether it will help them obtain or improve employment prospects in their home country or another country. Reasonable career or study changes should be allowed.
• b) The remuneration the applicant could expect to receive in their home country or another country using the qualifications gained from the proposed course.

Section 9 – The Applicant’s Immigration History (Subparagraphs 500.212(a)(ii) and 500.312(a)(ii))

1. An applicant’s immigration history refers to both their visa history and travel history.
2. When assessing the applicant’s immigration history, decision makers should consider the following factors:

🔹 a) Previous Visa Applications (Australia and Other Countries)

• i. If the applicant previously applied for an Australian temporary or permanent visa:
  • Whether those applications are still pending (not finally determined),
  • Whether they were granted,
  • The grounds for refusal, or
  • Whether the visa was cancelled.
• ii. If the applicant previously applied for visas to other countries:
  • Whether the applicant was refused a visa, and
  • The circumstances that led to the refusal.

🔹 b) Previous Travel to Australia and Other Countries

• i. If the applicant previously travelled to Australia:
  • Whether they complied with visa conditions,
  • Whether they departed Australia before the visa expired, and
  • If not, whether there were circumstances beyond their control.
• ii. Whether the applicant has previously been refused entry into Australia, and the reasons for that outcome.
• iii. If the applicant has travelled to countries other than Australia:
  • Whether they complied with migration laws of those countries, and
  • The circumstances surrounding any non-compliance.

Section 10 – If the Applicant Is a Minor (Subparagraphs 500.212(a)(iii) and 500.312(a)(iii))

1. Where the primary applicant is a minor, decision makers should consider whether the intentions of the parent, legal guardian, or spouse (as applicable) indicate that the primary purpose for the applicant’s entry into Australia is to undertake study.

This section emphasizes that for applicants under the age of 18, the motivation and intentions of the responsible adult are critical in determining whether the student visa application is genuinely for educational purposes.

Section 11 – Any Other Relevant Matter (Paragraphs 500.212(c) and 500.312(c))

1. For primary applicants, decision makers should consider the following matters:

🔹 a) Unrealistic Course Load

• If the applicant is enrolled in multiple courses that would make successful completion impossible or highly improbable, this may indicate a lack of genuine intention to study.

🔹 b) Previous Student Visa Engagement

If the applicant previously held a student visa, decision makers should assess whether the applicant was reasonably engaged in the course for which the visa was granted, by considering:

• i. Whether the applicant met course requirements.
• ii. Whether the applicant participated in assessments.
• iii. Whether the applicant commenced and completed the course as scheduled.
• iv. Whether the applicant showed logical course progression.
• v. Whether there is a history of starting but not completing courses.
• vi. Whether there are concerning study gaps, a pattern of changing or deferring courses, switching to unrelated fields, or frequent changes of education providers.

Decision makers must also consider any other relevant information provided in the visa application when assessing applicants under paragraph 500.212(c) or 500.312(c).
This includes information that may be beneficial or unfavorable to the applicant.

Division 2 – Assessing the Genuine Temporary Entrant Criterion for Student Guardian Visas

Section 12 – The Primary Applicant’s Circumstances (Subparagraph 590.215(a)(i))

1. Decision makers should consider both:
   • The primary applicant’s circumstances in their home country, and
   • Their potential circumstances in Australia.
2. When assessing the primary applicant’s circumstances in their home country, decision makers should consider:

• a) The extent of the applicant’s personal ties to their home country (e.g., family, community, employment), and whether these ties would serve as a significant incentive to return.
• b) The amount of time the applicant has spent in Australia, and whether the Student Guardian visa may be used primarily to maintain ongoing residence.

3. Decision makers may also consider the applicant’s circumstances relative to others in their home country.

Section 13 – The Primary Applicant’s Immigration History (Subparagraph 590.215(a)(ii))

1. The primary applicant’s immigration history includes both their visa and travel history.
2. When assessing immigration history, decision makers should consider:

• a) Previous visa applications for Australia and other countries, including:
  • i. For Australian temporary or permanent visas:
    • Whether the applications are still pending,
    • Whether they were granted,
    • The grounds for refusal, or
    • Whether the visa was cancelled.
  • ii. For other countries:
    • Whether the applicant was refused a visa and the circumstances of that refusal.
• b) Previous travel to Australia and other countries, including:
  • i. Whether the applicant complied with visa conditions and left Australia before the visa expired. If not, whether there were circumstances beyond their control.
  • ii. Whether the applicant was refused entry into Australia, and the reasons for that outcome.
  • iii. Whether the applicant complied with migration laws of other countries, and the circumstances of any non-compliance.

Section 14 – Any Other Relevant Matter (Subparagraph 590.215(a)(iii))

1. Decision makers must also consider any other relevant information provided in the visa application when assessing the applicant against the genuine temporary entrant criterion.
   This includes information that may be beneficial or unfavorable to the applicant.