Migration Queensland Program will begin inviting selected applicants from the end of September 2023 and hold invitation rounds at the end of each month for the remainder of the financial year 2023-24. The number of applicants invited each month will be capped to ensure an even and consistent rate of invitation throughout the program year. Due to this competitive process, ensure that you explore alternative migration options.

Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.

There are massive reductions of around 70% to all the state nomination allocations for General Skills Migration (GSM) for 190 and 491 visas. These allocations were released by the federal government on Thursday, August 25th.

We have created a chart to compare last year’s allocations with this year’s, and percentage cuts. The shocking overall numbers are that the combined state allocations for 190 and 491 visas in 2022-23 were 62,416, while for 2023-24, the number has reduced to just 16,700.

Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers. 

This article is updated regularly. Last updated: Tuesday 9th September 2024

The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.

1. What Is The GTE?
2. How To Meet The GTE Criterion?
   1. What Factors Do The DoHA Look At? 
   2. Your Immigration History? 
   3. If You Are A Student
   4. Supporting Your Claims
3. Does Every Visa Have The GTE Criterion? 

What Is The GTE?

GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being. 

The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.

How to Meet GTE Criterion?

What Factors Do the DoHA Look At?

DoHA looks at factors which might make you wish to not return to your home country:

• Political or civil unrest
• Military service commitments
• Your financial circumstances in your home country

The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.

Your Immigration History

DoHA checks your immigration history as well:

• If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.

• If you have had previous visa refusals/cancellations

• Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa

If You Are A Student

Supporting Your Claims

Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.

For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.

Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.

Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.

 Does Every Visa Have the GTE Criterion?

In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.

Some of the most common Temporary Visas that have the GTE criterion are:

• Student visa subclass 500  Recently released migration system review report has suggested that the GTE criteria for Student visa subclass 500 applications be replaced with something called Genuine student test, which will be focused on assessing whether the student has genuine studying intentions as compared to GTE where focus is on assessing whether the student is coming to Australia on a temporary basis and will not live here permanently.
• Visitor visa subclass 600
• Temporary work visa subclass 400
• Temporary Activity​ subclass 408
• ​Training subclass 407
• Work and Holiday visa subclass 462
• Working holiday subclass 417
• Medical treatment subclass 602
• Short-term stream subclass 482

It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.

It is also important to show a range of documents to demonstrate an incentive to return home.
These could include:
- Employment to return to in home country.
- Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor.
- Ownership of property or businesses in home country

Do you need help with an Australian visa application?

Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

http://www.abs.gov.au/ausstats/[email protected]/mf/3401.0/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590/genuine-temporary-entrant

https://www.workvisalawyers.com.au/news/all/australian-visa-refusal-notification-options-for-the-appeal-review-process-tribunal-ministerial-review.html

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://www.workvisalawyers.com.au/news/all/top-10-facts-you-need-to-know-about-the-new-482-visa-1.html#Skills

https://www.workvisalawyers.com.au/news/all/ielts-now-offering-computer-delivered-english-tests-for-visa-applicants-in-australia.html

https://www.workvisalawyers.com.au/news/all/skills-assessments-occupation-lists-for-australian-tss-482-and-employer-sponsored-permanent-resident-visas.html