Studying and Temporary Visas in Australia

What you need to know about the Australian Genuine Temporary Entrant visa, breaching visa conditions and visa cancellation under Section 116 of the Migration Act 1958. 

Are you a Genuine Student?

If you are a Student Visa holder, or are looking at applying for a Student Visa, you may be aware of the Department of Home Affairs’ Genuine Temporary Entrant (GTE) criterion.

In effect, the GTE must be satisfied in order for a Student Visa to be granted – in other words, your individual circumstances must demonstrate that you genuinely intend to stay in Australia temporarily.

In assessing the GTE, the Department of Home Affairs takes into consideration the following factors:

  • Your personal circumstances in your home country
  • Your potential circumstances in Australia
  • The value of the program to your future
  • Your immigration history, and
  • Any other matter that is relevant to your intention to remain in Australia temporarily.

If you are under 18 years of age, the intentions of your parent, legal guardian or spouse will also be considered.

When assessing your circumstances, the Department will consider the following questions relating to your proposed course of study:

  • How will this course of study benefit your future?
  • How is this program related to your previous studies or work experience?
  • If this program is not related to your previous studies, why have you decided to change your career path?
  • What do you know about this program?
  • Are you aware of the full cost of this program?

In addition to the above, the Department will have regard to your circumstances in your home country including, but not limited to, the following:

  • Do you have an offer of a job when you return to your home country? If not, how do you intend to look for a job once you return home?
  • Are you married or single? If you are married, when did you marry?
  • What do your parents do?

Further, if you are an existing Student Visa, the Department will assess your circumstances in Australia and consider the following:

  • Do you have family living in Australia?
  • If you are married, does your spouse intend to accompany you to Australia? What is your spouse’s current occupation? Will your spouse resign from their current employment to accompany you to Australia? What does your spouse intend to do in Australia?
  • Do you have any children? If so, will your children accompany you to Australia?

Finally, the Department will evaluate your immigration history including visa refusals, cancellations, other temporary visa approvals and applications. The Department will consider your applications for visas for other countries also in order to determine whether you will be a genuine student intending to remain temporarily in Australia.

Alan Rigas Solicitors have been dealing with temporary entrant visas and Australian visa cancellations for over 20 years.

Contact Us today to discuss your needs as time limits cannot be extended: 02 9635 5333


breaching s116 visa Rigas LawBreaching Visa Conditions and S116 Cancellation

The Minister is afforded general powers to cancel visas under Section 116 of the Migration Act (‘the Act’) where certain circumstances exist. 

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Will your family member’s visa be cancelled?

If you have a family member or friend that has been served with a cancellation notice we can help.

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