The Genuine Temporary Entrant requirement (also referred to as “GTE”) refers to a common requirement that a person applying for a temporary Australian visa is considered a visitor or a genuine temporary entrant to Australia.
The Department of Home Affairs uses this requirement to determine the likelihood of an applicant for a relevant temporary visa overstaying in Australia after the expiry of their visa or breaching the conditions of their visa (for example, if they are likely to work in Australia where their visa may not allow for this).
The Genuine Temporary Entrant requirement is most commonly considered when a person is application for a Visitor visa (subclass 600) to Australia (often also referred to as a tourist visa). It is also relevant for our temporary visas such as a training visa.
As of 23 March 2024, the GTE requirement has been replaced by the Genuine Student Requirement for student visa applications.
To prove that someone is a Genuine Temporary Entrant, they are required to demonstrate that they have a strong incentive to return to their home county. To demonstrate this, evidence is put forward to show the person’s strong ties back to their home country.
How to satisfy the GTE requirement?
The following evidence can be used to demonstrate compliance:
- Evidence of long term, ongoing employment, particularly in skilled or well-paid occupations at home
- ongoing study commitments, particularly at the tertiary level, together with evidence that the applicant is travelling for a short period and intends to return to continue studying
- property ownership/ rental agreements or assets in your home country or usual country of residence
- strong family and community ties to the applicant’s home country or usual country of residence
- having adequate funds (such as a recent bank statements, payslips and term deposit or credit card statements)
- Return flights
Factors that can make compliance with GTE more difficult to demonstrate:
- having limited employment and economic opportunities in your home country and usual country of residence
- the economic situation in your home country or usual country of residence, in comparison to Australia (can include, employment opportunities, unemployment rates, salary rates and living conditions)
- Social unrest or conflict in your home country or usual country of residence
- Any ties or incentives to Australia (such as a friend or family member operating a business that you have experience working in)
- Previous entry to Australia on temporary visas, equating to a total length of time which may cast doubt on whether you genuinely want to stay temporarily
Factors that will always be taken into account:
In addition to the above, the Department will also consider:
- Your travel history, in particular travel to other developed countries where you have complied with your visa
- Your credibility and consistency in providing information
- Offers of support by family and friends in Australia, including where they provide the reasons for your travel
- Whether there are any compelling or compassionate reasons for travel (such as being with sick or dying family or relatives or attending funerals)
- Whether you currently hold another Australian visa, intend to lodge another Australian visa, or have already lodged an Australia visa (those who have applied for partner visas offshore and intend a short visit may be viewed more flexibly)
- The purpose of your visit to Australia, including the length of your stay, and intended activities
When applying for a visa with a GTE requirement, it is advisable that the applicant provide a statement addressing their reason for travel and reasons to return home.
For assistance navigating the intricacies of the GTE requirement, click here to book a free 10 minute consultation to speak with one of our experienced immigration lawyers.
