Effective August 2, 2024, Australia’s policy for Short Term Stream Genuine Temporary Entrant (GTE) requirements has been simplified. The policy now considers GTE to be met unless there are specific concerns about the applicant.
Factors that may give weight to GTE not being met have been reduced significantly. Having held multiple temporary visas or not having left Australia for prolonged periods is no longer considered as being relevant factors when assessing GTE.
Scenarios that could add weight to GTE not being met within the current policy are:
- the applicant has failed to comply with the conditions of a previous visa(s) and/or had a previous visa cancelled or is being considered for cancellation except where a Subclass 457 or TSS visa was cancelled following cessation of employment and the applicant was offshore;
- there are substantive inconsistencies in the information provided by the applicant in their TSS visa application that cannot be reconciled (for example, an occupation is declared in previous applications, incoming passenger cards, Form 80 etc.);
- the applicant has made two or more unsuccessful TSS applications (that is, applications that have been refused or withdrawn), in particular, where:
- the nominated occupation has changed per application; and/or
- the nominated occupation is not consistent with their previous employment or studies in Australia;
- the applicant is in a cohort of clients identified in statistical, intelligence, and analysis reports on migration fraud and immigration compliance compiled by the Department; and
- the applicant or their family member has an immigration history of concern, that is, an applicant who has a history of visa refusal, or non-compliance with immigration requirements in another country.
Erickson Insights & Analysis
This is a significant change to policy for subclass 482 visas in the Short-Term stream. The change reduces the need for unnecessary submissions and statements by genuine visa applicants. Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.