Tips for Satisfying the Genuine Temporary Entrant (GTE) Requirement

September, 2020  | 

The Genuine Temporary Entrant (GTE) Requirement is a requirement for all student visas application. GTE It is the most common reason behind rejection of student visa by the Department of Home Affairs(DHA).

There are high risk and low risk assessment for different countries. The students from low-risk countries such as North America, most countries in Western Europe, Japan , the GTE requirement is often not strictly enforced. However, for high-level assessment countries (such as most Asian Countries, Eastern Europe, South America and Africa,) the GTE requirement is enforced.

Students need to ensure that they can satisfy all the guidelines of the department they are studying their course for the right reasons. Section 499 of Ministerial Direction Number 69 directs Department of Home Affairs (DOHA) decision-makers to take into consideration the following six factors:

1. Be realistic in your GTE letter

The GTE letter is the most important part of your visa application. The officer of the department are experienced to tell if someone is being unrealistic or untrue with their statement.

2. Explain your circumstances in your home country (Personal Circumstances)

This factor assesses the reasons for the applicant to not undertake the chosen course of study in their home country. It also considers whether there is military or civil unrest which would not support a temporary stay in Australia

The case officer wants to know that you have strong ties to your home country. You need to ensure you explain your personal circumstances in your home country. For instance, be sure to mention that all/most of your family members reside in your home country. Do you have any possessions in your home country? A house, a car, a business? Do you need to return to support family members? Is the job market improving?

3. Explain why you chose the specific education provider 

It is important  you have done research into your education provider that you want to attend. How does it compare to other education providers that offer a similar course. This will demonstrate to the case officer that you have put in thought into your studies. Perhaps you can explain the individual units of the course you are most interested in studying.

It is also important that you have done research and know the city that you will be studying in? What are some things you like about the city? How much will your living expenses be?

4. Show you have done research into the industry or course you are studying

Decision makers look to see if a chosen course of study makes sense career-wise. Meaning that the course of study is related to the ordinary progression of employment and education. For example, university or vocational studies are a natural step after finishing high school.

5. Always discuss the future value of the course to you

In assessing this factor, decision makers will look at a number of features of the course and how it will benefit the visa applicant. Decision makers will assess whether the selected course is relevant and appropriate to the applicant’s current education and employment background. They will also look into the prospects of a future career and employment in that field.

A very common reason immigration case officers provide for refusal is that the Applicant failed to provide evidence of the value of the course to their future. By studying in Australia you are spending a significant amount of money and time. Immigration wants to see what studying that you will benefit from it. Will the course allow you to apply for higher paying positions in the future? Will it allow you a better chance of entering another course? Will the course allow you to gain skills which could help you make more money?

6. Explain your immigration history

Explain the countries that you have visited in the past. Explain the previous visas you have obtained to Australia. This will demonstrate to the case officer that you have abided by previous visa conditions.

If you have ever overstayed your visa or not abided by previous visa conditions, explain the reasons why you overstayed and how you have changed since the incident.

Generally speaking, the more temporary visas you have applied for in Australia, the greater the chance of refusal. If you have already remained in Australia for 3, 4 or 5+ years, you will need to demonstrate to immigration that you are not just studying this course as a way to remain in Australia.

8. Explain why you chose to study in Australia compared to your home country

Immigration would like for you explain why you chose to study in Australia and if there were similar courses offered in your home country. If there are options in your home country to study this course, explain how studying this course in Australia is different. Is it taught in a different format? Is the course it shorter, longer? Is the education provided in this industry different in Australia different in your home country?

9. Provide supporting documents

Talk is cheap. You need to back your statement up with documentary evidence to support what you wrote. Can you provide:

  • Letters of reference from employers
  • Evidence you can support yourself financially in Australia
  • Previous education documents
  • Enrollment or Application forms into another course
  • Evidence of property ownership in your home country
  • Evidence of business ownership in your home country
  • Return tickets out of Australia

If you would like to chat about some of your course options, book in for a FREE consultation with us.

PIC 4020: PUBLIC INTEREST CRITERIA

What is PIC 4020?

Majority of the Australian visas have a “public interest criteria”, also known as  PIC 4020, which is a mandatory requirement and it must be satisfied in order for the visa to be granted. Public Interest Criterion 4020 applies to all visas and it allows the Home affairs case officer to refuse a visa application if the visa applicant has

  • Provided a bogus document
  • Provided information which is misleading or false
  • or If the minister is not satisfied with the identity of the applicant based on documents provided.

Most importantly, you will not satisfy PIC 4020 if you have been refused a visa due to PIC 4020 within the last 3 years for false documents or information or 10 years for identity problems

What Is Bogus Document?

This bogus document problem is that if a Department of Home Affairs (DHA) Case officer believes that you have deliberately tried to mislead them. For Instance, providing false documents or paperwork will attract the PIC 4020. Visa applicants do this with the intention to secure a more favorable immigration outcome.

Bogus documents, types of PIC 4020 problems

Bogus Document Definition

A bogus document is a false document. A bogus document is one that looks as though its been issued by someone. When in fact it hasn’t been issued by that person at all or is counterfeit or has been altered in an unauthorized way or has been obtained under false pretences.

 False or misleading information in a material particular is defined in Policy as information that is:

(a)  false or misleading at the time it is given; and

(b)  relevant to any of the criteria the Minister may consider when making a decision

PIC 4020 Approaches For Solving The Problem

1.  Migration Act permits notification of incorrect answers

Under the Migration Act, an applicant can provide additional information or correct information provided on the original application up until a such time that a decision is made on the application.  You may therefore use this as the basis of your submission.

2. Address the issue as soon as possible

Whether you received a request for further information which identifies false or misleading information, or you realize that incorrect information has been provided, it is important to correct the information as soon as possible.  Immi account allows you to file notification of incorrect answers.

3. Provide a statement from the visa applicant

Where a genuine mistake is made, it is best to provide a statement (statutory declaration if possible) from the applicant stating the reasons for providing incorrect information and reasons for not providing correct information in the first instance.

4. Incorrect Information is of no value or not related to the visa application

The argument is that the fact that false documents or materials were provided should be of little or no consequence in the grander scheme of things.

As an Immigration Lawyer, Gondwana Lawyers Pty Ltd is able to represent you at the Tribunal and/or at court. We can help guide you through the entire application process and help you prepare all documents involved, ensuring that documents meet requirements before we lodge your application. We can represent you from start and until a decision is made on your application.

You can book a consultation with us so that our immigration lawyers can assess your eligibility and tailor your application in accordance with your circumstances.

You can book a consultation with us so that our immigration lawyers can assess your eligibility and tailor your application in accordance with your circumstances.