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Genuine Student Requirement (GS)



From 23 March 2024, all student visa applications must be assessed using the new Genuine Student Test (GS). GS requirements replaced the GTE criteria in assessing the student visa application to Australia.


From the regulation perspective, clause 500.212 of the Migration Regulations     states that

The applicant is a genuine applicant for entry and stay as a student:

(a)  having regard to:

(i)  the applicant’s circumstances; and

(ii)  the applicant’s immigration history; and

(iii)  if the applicant is a minor—the intentions of a parentlegal guardian or spouse of the applicant; and​

(b)  because the applicant inten​ds to comply with any conditions subject to which the visa is granted, having regard to:

(i)  the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and

(ii)  the applicant’s stated intention to comply with any conditions to which the visa may be subject; and

(c)  because of any other relevant matter.


In practical terms, to be granted a student visa, all applicants must demonstrate they satisfy the genuine student criterion or the genuine student dependent criterion.


In the online student visa application form, DoHA will ask the applicant the below questions to address the GS criteria. 

  • Give 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.

  • Give details of any other relevant information the applicant would like to include.


To put this in highlight:

There is an additional question for those applicants who have previously held a student visa or those who are lodging an application in Australia from a non-student visa.


Along with the responses included in the application form, the applicant must attach supporting documents to their ImmiAccount.


As everyone’s circumstances are different, the case officer may put more weight on those students who have stayed in Australia for some time under the student visa to eliminate ‘non-genuine’ students.


Onshore application may be harder but not impossible.


Application for a Student Guardian visa will be assessed under the old GTE rule.


In the next post, we will closely examine the Ministerial Direction on how they assess and implement the GS Requirement.

 

 

 

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