One of the most attractive and popular pathways to skilled migration to Australia has been achieved by gaining academic qualifications in Australia. Australian education providers are offering great opportunities for people to obtain the qualifications and skills that are recognized in Australia. Eligible applicants can obtain a Skilled Graduate (Subclass 485) visa which offers the opportunity to gain the essential work experience in Australia after the completion of their studies.
According to the Australian Bureau of Statistics (ABS) almost one third (30%) of recent migrants had obtained a non-school qualification after arrival in Australia. Of these, an estimated 42% had obtained a Bachelor Degree or higher.
Here is one of the examples of a very sincere statement that was attached to a student visa application addressed to the DIBP:
“Dear Sir/ Madam,
I am very keen to complete my MBA in Australia. The reason for my choice to study in Australia is that I am going to pursue my future career in Australia. After completion of my degree I intend to apply for a GSM visa if eligible. It is my dream to live and work in Australia…”
However, the question is, will these sincere intentions of the visa applicant satisfy the GTE criterion? How will it affect the visa application outcome?
The Genuine Temporary Entrant (GTE) requirement was introduced on 5 November 2011 to achieve the improvement of the integrity of the student visa program.
The GTE requirement applies to all student visa subclasses. To be granted a student visa, applicants must satisfy the Department for immigration that they have a genuine intention to stay in Australia temporarily.
Some of the factors influencing considerations for the GTE requirements are:
- 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 applicants future
- Any other matter relevant to the applicant’s intention to stay in Australia temporarily
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 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 in 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 and the Australian labour market requirements.