Are you a Genuine Temporary Entrant (GTE) applying for the 482 visa?

As most of you are aware the old 457 working visa is dead and the new 482 visa has taken its place. The 482 has basically been split into two groups, one where you can obtain a 4 year visa which has a pathway to permanent residency and the other is a dead end 2 year visa which has no pathway to PR.

Which of these two very different paths you may walk on depends upon your occupation and the two available lists, the short term(STSOL) and the long term(MLTSSL).

Now if fate has limited you to the short term choice then there is an important requirement you need to aware of, the Genuine Temporary Entrant (GTE) test. Those of you who have studied here will be aware of this GTE test but for each visa that demands this assessment, the test requirements are a little different. For those using the long term 482 this test does not apply.

Now the GTE doesn’t generally apply to those countries (see below) where Australia have international trade obligations (ITO) but for the rest of you, it does. Under policy, GTE can generally be considered met unless the main visa applicant:

• has held more than two TSS visas in the short term stream during the last five years; or
• has been in Australia for four years already (regardless of visa type) and the decision-maker has significant concerns that the applicant is not a GTE, having regard to certain factors (below)

It is the point about having studied already in Australia for more than 4 years which may become an issue for many former international students.

The departments policy states the following in assessing if you are a GTE;

Factors supporting finding that applicant is a genuine temporary entrant

Under policy, the factors which may add weight to an assessment that the applicant is a GTE include:

• the visa applicant has substantially complied with the conditions on any previous visas; or
• the applicant’s periods of stay in Australia have been intermittent; and
• the applicant has not established ongoing residence in Australia.

 Factors supporting finding that applicant is not a genuine temporary entrant

Under policy, factors that may add weight to an assessment that the applicant is not a GTE:

• 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;
• the applicant has spent more than four cumulative years on a TSS short-term visa(s) in the last five years;
• there are substantive inconsistencies in the information provided by the applicant in their TSS visa application, that cannot be reconciled;
• the applicant appears to be using the TSS and/or other visa programs to maintain ongoing residence in Australia*;
• the applicant has lodged 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;
• the applicant or their family member has an immigration history of concern; or
• economic or political circumstances in the applicant’s country would present as a significant incentive for the applicant not to return to their home country or country of residence.

 *Important: This does not mean that visa applicants cannot meet the genuine temporary entrant requirement where they have utilised a number of temporary visa programs. This is not of concern where the applicant has clearly utilised the relevant temporary programs for an appropriate purpose (e.g. visiting Australia, studying in Australia), has complied with their visa conditions and is clearly a skilled overseas worker filling a skilled position that cannot be filled locally.

For those of you who are fortunate that your country has an ITO with Australia, you will fall into the following guidelines which outline the length of stay usually permitted under the 482;

* That is, Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Thailand and Vietnam.

There is little doubt that the 482 visa is now far more complicated than the old 457. The red tape surrounding this visa is now worse than in was twenty years ago. No doubt another government change will bring further changes in the future. When the economy starts booming again this red tape will be eased.

If you need help negotiating all of these requirements regarding the 482 visa give us a call.

And enjoy this day!