New Changes for Student Visas and Student Guardian Visas- Genuine Entry and Stay Requirements

Ministerial Direction 106 commenced on 23 March 2024 and focuses on assessing the genuine entry and stay requirements for Student visa (subclass 500) and Student Guardian visa (subclass 590) applications. The new requirements apply for student visa applications that are lodged on and after 23 March 2024.

What Has Changed?

Student visa applicants are now subject to the ‘genuine student test’, which has been introduced to ‘continue to drive migration levels down’, Home Affairs Minister Clare O’Neil stated. To be granted a student visa, applicants must satisfy the genuine student criterion. Secondary applicants must satisfy the genuine student dependent criterion.

How Will I Be Assessed?

The genuine student criterion focuses on assessing a student’s intention to genuinely study in Australia. This considers factors including:

• The applicant’s circumstances
• The applicant’s immigration history
• If the applicant is a minor, the intentions of a parent, legal guardian or spouse of the applicant
• The applicant’s compliance with visa conditions and any other relevant matter

The following questions will be asked in the online student visa application form:

• Give details of the applicant’s current circumstances. This includes ties to family, community, employment and economic circumstances
• Explain why the applicant wishes to study this course in Australia with this particular education provider. This must also explain their understanding of the requirements of the intended course and studying and living in Australia
• Explain how completing the course will be of benefit to the applicant
• Give details of any other relevant information the applicant would like to include

The applicant’s overall personal circumstances will be considered during the assessment.

What Evidence and Information Should I Include?

The Department of Home Affairs expanded on Ministerial Direction 106 to encourage applicants to support their statements with evidence. It is likely that statements that are supported by evidence will be given weight in the genuine student assessment.

The Department encourages applicants to submit the following types of evidence or information:

• Previous study- including academic transcripts and certificates of attainment
• Previous study in Australia- including history of study records and reasons for any change of course and/or education providers
• Current employment- including details of current employer and company address
• Circumstances in their home country or country of residence- includes nature of personal ties such as family and employment. The applicant will need to provide reasons for not studying in their home country if  a similar course is offered there
• Economic circumstances in their home country or country of residence- including income tax return or bank statements

The Genuine Temporary Entrant Criterion

Student guardian visa applicants are subject to the genuine temporary entrant criterion.

Applicants must only intend to stay temporarily in Australia. This intention will be assessed with consideration of the following:

• The applicant’s personal circumstances in their home country
• The applicant’s potential circumstances in Australia
• The applicant’s immigration history
• Anything else that relates to the applicant’s plan to remain in Australia temporarily

Call Immigration Solutions Lawyers, Today

Call the Student Visa and Student Guardian Visa specialists today, at 1300 428 472