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Sunday 29th January 2012
Volume 210

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In This Issue
The GTE Guidelines
Changes to Queensland Sponsorship Lists
Is South Australia Full?
A Shortage of Cooks?
Regional Employment Hot Spots
Need A Clean Sheet?
Some Light Reading?
Dear students, 


Welcome to the latest edition of IMMIGRATOIN NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe using the link on the right hand side or by visiting our website. Please feel free to forward this e-mail to any of your friends.

Today's issue will cover the Genuine Temporary Entrant (GTE) requirement for student visa applications. As you may have already been aware, all applicants who make an application for a student visa on or after 5 Nov 2011 will be assessed against the GTE requirement. The failure of meeting the GTE requirement may directly lead to the refusal of a student visa.

We are also covering some of the interesting changes and information released in the new year.
The Genuine Temporary Entrant (GTE) Guidelines                                       
Which of these students will be judged a GTE?


For those who are not familiar with the concept of the Genuine Temporary Entrant (GTE), it was designed to screen those who have a genuine intention to study in Australia and those real intention is not study, rather some other purpose. This is a subjective assessment made by DIAC officers based upon the information presented to them in an application. The guidelines discussed here are from the Ministerial Direction No. 53. These are the direct instructions to case officers from the Minister of the DIAC.


Genuine Intention?


The Oxford Dictionary defines Intention as: A thing intended: an aim or planIt is not to say that this intention can never change over time. Many overseas students who plan to study in Australia first and then apply for a permanent visa through the General Skilled Migration (GSM) program upon the completion of studies may be quite concerned about the GTE requirement. It is understandable but excessive worry is not necessary as the immigration department has confirmed that the GTE is not designed to exclude those students who, after studying in Australia, go on to develop the skills required by the Australian labour market and go on to obtain permanent residency. However students should be cautious not to make educational choices solely on the basis of hoping to achieve a particular migration outcome.


Main factors to be assessed against the GTE requirement

The immigration department assesses whether or not a genuine temporary entrant criterion is satisfied by considering the applicant against the factors including but not limited to the following:

  • The applicant's circumstances in their home country
  • The applicant's potential circumstances in Australia
  • Value of the course to the applicant's future
  • The applicant's immigration history
  • If the applicant is a minor- The intention of a parent, legal guardian or spouse of the applicant
  • Any other relevant matters

Now let's look closer at these factors one by one through examples. The examples below illustrate circumstances that may cause further scrutiny. Of course it is not possible to exhaust all circumstances.


1. The applicant's circumstances in their home country


* The applicant applies for a course in Australia where there are many similar courses available in his/her home country or region with similar cost of living. There is provision to allow for "reasonable motives" but this is not defined clearly.

* The income earned in the applicant's home country is far below the cost of living in Australia or there are high unemployment levels in applicant's home country.

* The applicant lacks personal ties in their home country such as family, community and employment to serve as a significant incentive to return to their home country.

* The applicant has military service commitments back in their home country, which they may try to avoid by staying in Australia.

* There are political and civil unrest in the applicant's home country.


2. The applicant's potential circumstances in Australia


* The applicant's family and community ties with Australia present as a strong incentive to remain in Australia indefinitely.

* The applicant has intention to use the student visa program to circumvent the intentions of the migration program. For example the applicant applies for a one year course just to gain more time to prove a de-facto relationship in order to obtain a spouse visa.

* In cases where a secondary applicant- spouse or de-facto partner is included, evidences indicate that the applicants might be in a non-genuine relationship or in a genuine relationship but with non-genuine intentions in terms of the use of the student visa program. For example, the primary and secondary applicants alternate between being the primary and secondary applicants to extend their period of stay in Australia or an applicant whose previous application was refused seeks to apply for a student visa as a secondary applicant.

* In cases where the applicant seeks to apply for a Subclass 570 visa to study English in Australia, evidences raise doubts about the applicant's genuine purpose of stay in Australia. For example the English course is of six months period but is structured into two months of intensive study and four months of break which may allow the applicant to work most of time when he/she is in Australia, or there are plenty of English courses available in applicant's home country but the applicant did not attempt to undertake any.


3. Value of the course to the applicant's future


* The course that the applicant seeks to study is irrelevant to their education background or current employment. For example the applicant's bachelor degree is in engineering but applied for a master course in accounting or the applicant is seeking to undertake an English course where their currently occupation does not require English skill.

* The applicant enrolled to study at a lower level than previous studies undertaken in their home country. For example the applicant has a master degree in business administration in their home country and applied for a bachelor course in commerce in Australia.

* Compared with Australia, the applicant cannot be well rewarded in their home country with the qualification to be gained from the proposed course of study. For example the applicant seeks to conduct a diploma course in welfare in Australia, however in their home country welfare worker or welfare related jobs are not demanded by market, which means they are unlikely to be employed easily or get paid reasonably well with the diploma qualification.

However it does not mean that applicants are not allowed to change study or career pathways. As long as the applicant can provide solid reasons for their course choice, the GTE requirement can still be met.


4. The applicant's immigration history


*The applicant has previous applied for visas to Australia or other countries but was refused.

*The applicant's previous visa to Australia or other countries was cancelled due to breach of visa conditions.

*The applicant's education history in Australia indicates an intention to use the student visa program primarily for maintaining ongoing residence. For example the applicant has undertaken a series of short, inexpensive courses, or has been onshore for some time without successfully completing a qualification, but seek to enroll in another course.


5. If the applicant is a minor- The intention of a parent, legal guardian or spouse of the applicant


This factor is actually quite self explanatory. In assessing the GTE criterion for minors, case officers will not only take into account the applicant's conditions but also the intention of a parent, legal guardian or spouse of the applicant. The department considers a minor is competent to make decisions if at least 16 years old. So if the applicant is under 16 years old, their parent's intention must be assessed as well.


6. Any other relevant matters


*A relative of the applicant has an immigration history of concern

*The information provided by the applicant in their student visa application is not consistent.


If questioned by the case officer of not meeting the GTE requirement, applicants can still provide further documentation such as evidence of economic situation, personal ties to their home country, claimed previous study, etc to try to prove the genuineness .

Somehow, the GTE requirement reminds me of the PIC 4020, both of which may lead to subjective decision making. Hope my assumption will be proved wrong. (If you have no idea what PIC 4020 is, have a look at our previous newsletter, volume 205& 208.) 


Devote an article to the benefits of membership. Do your members receive discounts on continuing education programs or publications? Focus on the benefit of the combined, united efforts of all your members working together to support the cause.


Insert a "read on" link at the bottom of your article to drive traffic to your website. Links are trackable allowing you to see which articles create the most interest for your readers.


Queensland Sponsorship Lists  Changes 
Could this be you in vibrant Queensland?

Those busy beavers up north have taken time out from their surfing routines to change the vital sponsorship lists.

For international students the relevant lists are;



475 Offshore and the 487 Onshore and the 176 offshore


Is South Australia full? 
No more space at the table for many ICT workers in S.A

With South Australia being such a small insignificant part of Australia one could perhaps accept the fact that it is nearly full of the following occupations.

Thank you to the MIA for bringing this fact to our attention;



Dear MIA Members,


I am writing to update you on some recent changes to the GSM program. There has been a change to the South Australian state sponsorship approval validity period - applicants now have 60 days from date of state sponsorship approval to lodge their skilled visa application with DIAC.


We have also recently reached planning levels for the 2011-2012 program year for the following occupations:


233512 Mechanical Engineer

261111 ICT Business Analyst

261311 Analyst Programmer

511112 Program or Project Administrator

225213 ICT Sales Representative


These are in addition to the occupations you have previously been notified about. These occupations are no longer available for Sponsorship unless the applicant can meet the "Special Conditions".



Actually I heard the ICT industry is so full up that they have to rent some of those excess holes in Coober Pedy as office space. 




Shortage of Cooks?   
Seems there are not enough of these Cooks to go around

A DIAC discussion paper has identified a shortage of Cooks and Chefs amongst other occupations in Australia. 


Well surprise, surprise. 


An extract from page 3 is below;


Is there a labour market need for overseas workers in the tourism and hospitality industry?


Broad labour market data from DEEWR indicates a variety of job prospects across the occupations identified by the industry. Detail, taken from the Job Outlook website, is at Attachment A. Some occupations are available to be sponsored under the standard Subclass 457 Program. Some of the occupations are typically part-time in nature: it should be borne in mind that only full time work is allowable under a labour agreement. Many of the occupations are experiencing strong growth and high vacancy rates which would seem to justify the need for a template labour agreement to enable access to overseas workers in occupations not available under the standard program.


The Australian Tourism Labour Force Report highlights accumulated demand by 2015 for the top ten tourism occupations and supports high vacancy rates and good growth prospects for 2015. There are currently 36,000 unfilled vacancies in the tourism industry. By 2015 there will be a need for 56,000 workers including 26,000 skilled.


The top ten occupations in demand cited are:



Café and Restaurant Manager



Bar attendant and Barista

Housekeeper *

Automobile driver*

Tourism and Travel Adviser

Hotel and Motel Manager


Some of these occupations will be identified as being too low a skill level to be considered for entry to Australia under the skilled migration program (those asterisked).



I mean what a pack of nongs in this government. We have thousands of Cooks waiting patiently to be processed and gain their permanent residency for years and now DIAC says we have a shortage! It seems they are prepared to allow temporary sponsored 457 workers as cooks from overseas while they cannot even look after the ones on bridging visas in Australia.


If this discussion paper wasn't true I wouldn't actually believe this is happening.


Have a look for yourself;


BTW in the Oxford Dictionary (nong) means: a foolish or stupid person 



Regional Employment Hot Spots?  
Rent for this place in Tasmania is bound to go up


Looking for a chance of a Regional sponsored visa? 


What better opportunity but to pack your bags, skip out before your next rent payment and travel to an exotic location in Australia, identified as the future tourism hot spots.


These fabulous locations are;


Broome, WA

Red Centre NT

Sydney, NSW

Regional VIC

Tropical North QLD

Kangaroo Island, SA

Regional TAS

Canberra, ACT


For those in Sydney already, please disregard this notice.


I think somebody forgot to tell the Australian government Department of Resources Energy and Tourism department that Sydney may feel regional in the west but in reality it is not.


Hmmm, Canberra, regional? Well seems that the Prime Minister had that Captain Cook feeling this week, so I guess so.


Check out the details;





Need a Clean Sheet?  
Never approach a smiling police officer to ask him how to obtain a police certificate

Depending upon the country, obtaining a police record check can be a frustrating experience.

Never fear, DIAC has tried to help you by publishing this insightful guide to escape from the Temple of Doom.

Good luck.


Some light reading?                                       

Have a few spare minutes and nothing to do? Try reading one of our riveting historical newsletters to give you a buzz.

Won't exactly blow your mind but might rattle loose a filling.

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Kind regards,


Karl Konrad: Managing Director and

Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

AILS stuff photo
 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.








So cooks are in shortage now? 


Perhaps someone better have a quiet word to the Minister just to remind him that there are probably thousands of Cooks still dangling on the end of his GSM pipeline wondering if they are ever going to get their visas. 


To think he is now considering importing temporary residents on a 457 visa to make up the shortfall is really too stupid to believe.


Why not give those who have studied here the visa first and then see if there is still a shortage.


Or, how about putting Cook back on the current SOL and let the vocational sector develop courses which involve a 3-6 month work placement so students can develop real skills for the job market. 


Anyway for goodness sake, lets get all of these students stuck in the GSM pipeline out into the real world with a proper PR visa so they can use the skills they have learnt here in Australia.








Karl Konrad

Managing Director 

Karl Konrad



Han Photo with Jacket

Executive Manager

Jee Eun HAN

Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 13, 37 York Street Sydney NSW 2000

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