In a significant change for Subclass 500 Student Visa applicants, for applications lodged on or after 23rd March 2024, the Genuine Temporary Entrant requirement, which requires student visa applicants to demonstrate that they intend to genuinely stay in Australia temporarily as a criterion for grant of the visa, has been removed.
Student visa applicants now need to satisfy the Genuine Student visa requirement to qualify for grant of a Student Visa. Under the Genuine Student visa requirement, applicants must demonstrate that they intend to genuinely enter and stay in Australia as a student.
The aim of the new Genuine Student visa requirement is to focus the assessment on a student’s intention to genuinely study in Australia (as opposed to whether they intend to genuinely stay in Australia temporarily, which was the case for student visa applications lodged before 23rd March 2024 under the Genuine Temporary Entrant requirement).
The new Genuine Student visa requirement will be assessed having regard to a number of factors, including the applicant’s circumstances, immigration history, compliance with visa conditions and any other relevant matter.
Importantly, the Genuine Student meaning acknowledges that post-study pathways are available for those who may be eligible.
Why Is The New Genuine Student Visa Requirement Being Introduced?
This amendment has been introduced in order to improve students’ educational and employment outcomes, to reduce skills shortages in critical industries and to ensure that students are genuinely in Australia with the primary purpose of completing a course of study.
It also recognises that a Subclass 500 visa can be a legitimate pathway to permanent residency in Australia, where a student’s study may provide them with the skills needed to help to fill Australian skill shortages. Indeed the migration program allows for some student visa holders to proceed onto a permanent residence pathway upon the completion of their studies, and those students may have that intention at the time they apply for a Subclass 500 visa. The Genuine Temporary Entrant requirement is therefore no longer appropriate.
As many international students intend to seek permanent residence in Australia following the completion of their studies, the Genuine Temporary Entrant requirement created confusion and potentially discouraged future permanent migration to Australia. This amendment replacing the genuine temporary entrant requirement with the genuine student visa requirement seeks to address this.
What Is The Genuine Student Meaning?
All applicants for a student visa must be a genuine applicant for entry. Under the genuine student meaning, they must stay in Australia as a student and be able to demonstrate an understanding that studying in Australia is the primary reason for their student visa. Assessing the genuine student visa requirement focuses on an assessment of the student’s intention to genuinely study in Australia.
The genuine student visa requirement is intended to include students who, after studying in Australia, develop skills that Australia needs and who then go on to apply for permanent residence. It acknowledges that post-study pathways are available for those who may be eligible.
To be granted a student visa, all applicants must demonstrate that they satisfy the genuine student visa requirement or the genuine student dependent requirement.
The new genuine student requirement replaces the previous 300-word statement with a list of targeted questions.
These questions give visa decision makers information about the applicant and their reasons for wanting to study in Australia, which gives context to the documentary evidence that they provide in support their application.
How Will The Student Visa Application Change?
To address the genuine student visa requirement, student visa applicants will be required to answer the following questions in the student visa application:
- provide details of the applicant’s current circumstances – this includes ties to family, community, employment and economic circumstances;
- explain why the applicant wishes to study this course in Australia with this particular education provider – this must also explain their understanding of the requirements of the intended course and studying and living in Australia;
- explain how completing the course will be of benefit to the applicant; and
- provide details of any other relevant information that the applicant would like to include.
There will be an additional question for those applicants who have previously held a student visa or those who currently hold another visa (i.e. non-student visa) and are lodging their student visa application onshore. Applicants will be asked for their reasons for applying for a student visa.
Along with the responses included in the application form (as outlined above), applicants must attach supporting evidence to their application demonstrating that they meet the genuine student visa requirement (this is discussed further below in this article).
It is important to provide evidence to support a claim made by the applicant. Generic statements unsupported by evidence will not be given significant weight in assessing whether an applicant meets the genuine student visa requirement.
The Department will consider an applicant’s overall personal circumstances when it assesses whether they are a genuine student.
The student visa declaration will also 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.
How Will The New Genuine Student Visa Requirement Be Assessed?
In assessing whether a student visa applicant is a genuine student and has a genuine intention to stay in Australia temporarily, the new Genuine Student visa requirement will have target questions that will provide Immigration 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.
In its assessment, the Department will consider:
Situation In The Applicant’s Home Country Or Country Of Residence
- the applicant’s reason for not studying in their home country or region if a similar course is available there;
- the nature of the applicant’s personal ties to their home country;
- economic circumstances; and
- military service commitments political and civil unrest in their home country.
Potential Situation In Australia
- level of knowledge of the proposed course and education provider;
- previous study and qualifications;
- planned living arrangements; and
- financial stability.
Value Of The Course To The Applicant’s Future
- if the course is consistent with their current level of education and if the course will assist the applicants to obtain employment or improve employment prospect in their home country or another country;
- if the course is relevant to past or proposed future employment in the applicant’s home country or another country; and
- expected salary and other benefits in the applicant’s home country or another country obtained with the applicant’s qualifications from the proposed course of study.
Immigration History
- visa and travel history for Australia and other countries;
- previous visa applications for Australia or other countries; and
- visa refusals or cancellations.
If the applicant is a minor, we consider the intentions of the parent, legal guardian or spouse.
Any Other Relevant Matter
The Department will consider any other relevant information that the applicant includes in their student visa application.
What Evidence Do You Need To Provide To Demonstrate That You Meet The Genuine Student Visa Requirement?
Applicants need to provide evidence or information about the following:
Previous Study
Evidence can include:
- Academic transcripts showing qualifications achieved;
- name of the education provider/s;
- length of study; and
- Certificates of attainment.
Previous Study In Australia
Evidence can include:
- a complete history of study record/s in Australia;
- reasons for change of course and/or education providers;
- details of information on course progress;
- study gaps of more than two months during an academic year; and
- any other information the applicant considers relevant to their study record in Australia.
Current Employment
Evidence can include:
- details of current employer and company address;
- period of employment;
- details of position held; and
- the name and contact details of someone who can confirm the circumstances of the declared employment
Circumstances In Your Home Country Or Country Of Residence
Evidence can include the nature of your personal ties (a genuine student example includes family, community and employment). You need to provide reasons for not studying in your home country if a similar course is available.
Economic Circumstances In Your Home Country Or Country Of Residence
Evidence can include:
- documents showing employment or business activities for 12 months before lodging the student visa application;
- potential employment offers (genuine student example includes salary and other benefits) after course completion; and
- income tax return or bank statements.
If there is political and civil unrest and military service commitments in the applicant’s home country that would present as a significant incentive for them to leave their home country, they must provide their reasons and supporting evidence.
Does The New Genuine Student Visa Requirement Also Apply To Dependent Family Members?
Yes, dependent family members will also be assessed on whether they are genuine applicants for entry and stay in Australia as a member of the family unit of the student visa applicant/holder.
Does The New Genuine Student Visa Requirement Apply To Student Guardian Visa Applicants?
No, applicants for a Subclass 590 Student Guardian visa will continue to be assessed against the genuine temporary entrant requirement.
What Happens To Student Visa Applications Lodged Before 23rd March 2024?
The previous Genuine Temporary Entrant requirement will still apply to applications lodged and not yet decided before 23 March 2024.
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In conclusion, the above discussion provides an overview of the new Genuine Student visa requirement for student visa applications and how it differs to the previous Genuine Temporary Entrant requirement, including the genuine student meaning versus the genuine temporary entrant meaning.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in applying for a student visa, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice on applying for a student visa, including the new Genuine Student requirement, genuine student meaning and genuine student examples, contact PAX Migration Australia, a leading immigration service providing advice on a range of visas including student visas. Contact us for a no-obligation discussion on how we may be able to assist you in your study goals in Australia.
Sources/Links
Migration Amendment (Subclass 500 Visas) Regulations 2024 – Explanatory Statement
