ASSESSING THE GENUINE TEMPORARY ENTRANT CRITERION FOR STUDENT VISA AND STUDENT GUARDIAN VISA APPLICATIONS AND MAKING A PROFESSIONAL SOP (STATEMENT OF PURPOSE)
On 18th April 2016, Mr.Peter Dutton (Minister for Immigration and Border Protection) issued Direction Number 69 under section 499 of Migration Act 1958 (Cth). These directions are used by the immigration department to assess that an applicant who is applying for a student visa subclass 500 or a student guardian visa subclass 590 satisfies the department that they have a genuine intention to temporarily enter and remain in Australia and notwithstanding the potential for this intention to change over time to an intention to utilize lawful means to remain in Australia for an extended period or permanently.
An international student who wants to apply for a student visa subclass 500 or a student guardian who wants to lodge an application for a visa subclass 590 need to demonstrate to the immigration department that they are a genuine student and that their intention to enter Australia regarding the following is genuine.
a. The applicant’s circumstances; and
b. The applicant’s immigration history; and
c. If the applicant is a minor — the intentions of a parent, legal guardian, or spouse of the applicant; and
d. Any other relevant matter.
- The student visa subclass 500 and subclass 590 visa applicant circumstances:
To address the Genuine Temporary Entrant criteria in SOP (statement of Purpose), an international student applying for a student visa subclass 500 needs to satisfy the following:
- The applicant’s circumstances: It is very important for an international student applying for a student visa subclass 500 to address their present background like education and employment correctly.
It is very important to demonstrate why an international student didn’t undertake the study in their home country if the course was available in their country. While there could be many reasons why a student visa applicant didn’t undertake the course in their home countries such as cost of the course, lack of practical training, or quality of education, it is very important to address it in the SOP which experts at Oracle Immigration Consultants can guide you through.
Apart from student visa applicants demonstrating that they have genuine savings and funds available to cover their living costs, cost of education, travel, OSHC, and other relevant costs, it is very important that international students address their economic circumstances in their home country which serve as an incentive for them to return. This includes the extent of major movable and immovable assets they have in their home country.
Student visa subclass 500 and 590 applicants also need to address the extent of their personal ties to their country. This criterion can be addressed by explaining the family members such as parents, siblings, spouses, and partners with whom an applicant shares an emotional bond are still based in the home country.
Applicants for student visa subclass 500 and subclass 590 student guardian visa need to also address if they have mandatory military service commitments or civil unrest in their home country which will present a significant initiative for them to not return to their country.
- Applicant’s potential circumstances in Australia: It is very important that a student visa applicant for subclass 500 or student guardian visa applicant for subclass 590 while addressing the genuine temporary entrant criteria discuss their potential circumstances in Australia.
These potential circumstances will be weighed by the case officer when assessing if the applicant meets the genuine temporary entrant criteria.
Student visa applicant needs to discuss in/her SOP the extent of their family ties in Australia such as parents, spouse, siblings, cousins, etc.
They are also needed to address that they are not using student visas or student guardian visas to circumvent the intentions of the migration program. This is addressed by a good SOP which gives the detail of a student visa applicant’s education and employment background. Applicants need to address that they have a consistent education field and that the course they intend to study makes sense with their present situation. If the proposed study is in a completely different field, strong reasoning which is backed by evidence is required. It also needs to be addressed that an applicant is just not applying for one student visa after another without any strong and significant reasoning.
It is also important to address that primary and secondary student visa applicants have not entered a relationship to just get a student visa. Example: A recently married couple applying for a student visa will provide the background of their relationship backed by marriage certificates etc in their SOP.
It is also very important that an applicant addresses in their SOP their knowledge of living in Australia, their course, their education provider, etc.
- Value of the course to the applicant’s future: Moreover, they need to demonstrate the value of the course they intend to study in Australia. Example: How it increases their chances of employment or better pay or position in their home country. This needs to evidence by research. Student visa applicants need to address the job opportunities available and remuneration they would expect when they return to their home country and how long will it take for them to recoup their education costs. This needs to be backed by evidence.
- Student visa subclass 500 and subclass 590 student guardian visa applicants’ immigration history:
It is very important for a student visa subclass 500 or subclass 590 applicant to have a good immigration history. Case officers take applicants’ immigration history in consideration when making their decision on an applicants’ student visa application. So, it is very important that applicants address any visa applications and travels applicants have previously made for Australia or any other country. Applicants also need to address any visa refusals for Australia or any other country and grounds of refusal. It is very important that applicants state in their SOP if they have any Australian visa application which is not yet determined. They also need to address that they have not breached visa conditions of any countries including Australia and have not stayed beyond the date of their visa.
Student visa applicants need to address that they not enrolling in cheap courses to maintain residence in Australia and have been completed their previously enrolled course.
- If the applicant is a minor — the intentions of a parent, legal guardian, or spouse of the applicant.
All the above criteria will need to be addressed for this purpose.
- Any relevant matters:
Decision-makers will have to consider all other relevant information provided by the student visa applicant when assessing the applicant’s intention to temporarily stay in Australia. This includes information that may be either beneficial or unfavorable to the applicant. So, it is very important that all information by the applicant is addressed properly.
Oracle Immigration Consultants is a premier immigration consultancy based in Bundoora, Melbourne, Victoria. We help you prepare your SOP by presenting your information professionally and correctly addressing genuine temporary entrant criteria increasing your chance for a grant if your student visa subclass 500 and student guardian visa subclass 590.
Reach us out to pursue a career in your dream country.
Disclaimer: The above information is not tailored to personal circumstances.
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