Effective 02 August 2024, the Department of Home Affairs has simplified the requirements to the GTE for the Subclass 482 visa, particularly the Short-Term Stream. The new approach assumes the GTE criteria are met unless there are some specific concerns.
What is the Genuine Temporary Entrant (GTE)?
GTE is a written statement prepared by the visa applicant, stating their intention to stay in Australia only temporarily. The Department of Home Affairs uses it to evaluate whether the applicant is likely to overstay in Australia after their visa expires. The Department assesses each applicant’s circumstances, such as immigration history and ties to their home country, to confirm their intentions.
What is changing?
- Simplified GTE assessment: the new requirement is now considered to be met unless there are some specific concerns. This change simplifies the process and makes it easier for applicants.
- Reduce negative factors: holding multiple temporary visas or remaining in Australia for extended periods is no longer considered a negative factor under the current policy.
- Other factors: such as non-compliance with visa conditions, multiple unsuccessful applications, and migration fraud reports may affect the result of an assessment.
Factors that may indicate the GTE is not met include:
- Visa compliance and cancellations: previously failed to comply with visa conditions, had a visa cancelled, or is under consideration for visa cancellation, except in cases where a Subclass 457 or TSS visa was cancelled due to employment cessation while the applicant was offshore.
- Inconsistent application information: significant inconsistencies in the information provided in the applicant’s TSS visa application that cannot be reconciled, such as discrepancies in declared occupations across different applications or documents.
- Unsuccessful TSS application history: has two or more unsuccessful TSS visa applications, particularly related to the nominated occupation, such as changes with each application, and/or inconsistencies with their previous employment or studies in Australia.
- Linked to migration fraud reports: belongs to a group identified in statistical, intelligence, and analysis reports on migration fraud and immigration compliance compiled by the Department.
- Concerning immigration history: the applicant or their family member has a concerning immigration history, such as visa refusals or non-compliance with immigration requirements in another country.
For more information and to arrange an online consultation, please contact our expert team at aisupport@absoluteimmigration.com.
