Starting 2 August 2024, the subclass 482 visa policy for the Short Term Stream sees a significant simplification in the Genuine Temporary Entrant (GTE) requirements.

GTE is a criterion used by the Australian Department of Home Affairs to determine whether the intent behind a visa application is genuinely temporary, assessing factors like the applicant’s circumstances in their home country, potential circumstances in Australia, the value of the course or position to the applicant’s future, and their immigration history. This ensures applicants use temporary visas for their intended purposes rather than as a means of maintaining ongoing residency.

Now, applicants are assumed to meet GTE requirements unless specific concerns are raised, shifting to a presumption in favour of the applicant. Previous concerns such as holding multiple temporary visas or not leaving Australia for extended periods of time no longer automatically impact GTE status. However, the Department may still consider other factors, indicating the non-exhaustive nature of the policy.

Key considerations that may weigh against GTE compliance include:

• Non-compliance with previous visa conditions, visa cancellations except under specific conditions, or potential visa cancellations under consideration.
• Significant inconsistencies in application details, such as variations in declared occupations or discrepancies in previous submissions.
• Multiple failed TSS visa applications, particularly with changes in nominated occupations that don’t align with the applicant’s background.
• Inclusion in groups identified by the Department’s reports on migration fraud and compliance concerns.
• Troubling immigration histories, including past visa refusals or compliance issues in other countries.

These updates are designed to make it easier for skilled professionals to secure their place in Australia without unnecessary hurdles. They signify a move towards a more straightforward, less prescriptive system that recognises the contributions skilled workers can make to the Australian economy.

If you need help figuring out how these changes might benefit you? Or if you’re caught in a tricky visa situation? Reach out to us at [email protected] for personalised guidance and support.