Australia has one of the best higher education systems in the world, and is home to many international students. As part of this process, a prospective international student must apply for a Student (Subclass 500) visa, to be able to travel to, live, and study in Australia.
The Student visa application itself requires the applicant to provide evidence of the course they intend to study, and that they satisfy English, health and character requirements. Perhaps the most significant criteria, is that the prospective student is genuinely seeking temporary entry to Australia for study purposes, this is known colloquially as the ‘Genuine Student’ (GS) requirement.
This article will take you through what the GS requirement is, and how an applicant can demonstrate that they satisfy it.
What is the Genuine Student requirement?
The GS requirement replaced the former Genuine Temporary Entrant (GTE) requirement in March 2024. As such, the GS requirement only applies to Student visa applications lodged after 23 March 2024. Applications lodged before this date with continue to be assessed against the GTE requirement.
The GS requirement aims to ensure that individuals applying for an Australian visa genuinely intend to stay in Australia temporarily to pursue their studies, rather than simply using it as a pathway to maintain residence in Australia, and/or apply for another visa.
This requirement designed to maintain the integrity of the Australian immigration system and uphold Australia’s education standards. Where a case officer does not believe that an applicant satisfies this requirement, it will result in the refusal of the visa application.
What is considered in a Genuine Student assessment?
When assessing an applicant’s genuineness, several factors are taken into consideration (outlined below). An applicant for a Student visa should outline how they meet each of these factors in a ‘statement of purpose’. The statement of purpose is a mandatory component of a Student visa application to address the GS criteria.
A statement of purpose must be accompanied by genuine and verifiable evidence tailored to the applicant’s individual circumstances to demonstrate that they meet these factors. Generic statements that do not include substantial evidence will not be given significant weight in the GS assessment.
How is the Genuine Student requirement assessed?
There are a range of other factors that will be assessed to determine an applicant’s intention to genuinely study in Australia. Broadly speaking, these factors include the applicant’s:
- circumstances;
- immigration history;
- compliance with visa conditions; and
- any other relevant matter.
More information on these assessment factors is outlined in the table below:
|
Assessment factor |
Considerations |
|
Situations in the applicant’s home country (or country of residence) |
|
|
Potential situation in Australia
|
|
|
Value of the course to the applicant’s future
|
|
| Immigration history |
|
What other evidence and information should be included in an application?
Some of the other factors considered for the GS assessment, as well as ways to demonstrate these factors are met are outlined below:
|
Factor |
Examples of supporting evidence |
|
Previous study overseas |
|
|
Previous study in Australia |
|
|
Current employment |
|
| Economic circumstances in the applicant’s home country or country of residence |
|
Next steps
Understanding the GS requirement is a significant component of the Australian visa application process for international students. By understanding the significance of this requirement and providing the necessary documentation, applicants can increase their chances of obtaining a Student (Subclass 500) visa.
At Hannan Tew Lawyers we have assisted numerous individuals who are applying for their first Student visa to Australia, those who have had Student visa refusals in the past (and are seeking to re-apply), and those who have complex circumstances (such as immigration-issues in other countries, or are coming from “high risk” countries), seeking assistance with their Student visa applications.
If you need legal assistance or have an immigration related query, get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484. You can also subscribe to our newsletter for the latest Australian immigration news straight to your inbox.
