The Australian Government announced that from 2 August 2024, policy regarding the Genuine Temporary Entrant (GTE) requirement for Temporary Skill Shortage (TSS)(subclass 482) visa applicants with occupations on the Short Term Occupation List have been amended to simplify the requirement.
The updated policy states that the default position of the GTE policy is that the requirement will be met unless there are specific concerns, which have been reduced to now only include the following factors:
- The visa applicant has made two or more unsuccessful TSS applications that were refused or withdrawn, particularly, where:
- the nominated occupation has changed with each application; and/or
- the nominated occupation is not consistent with their previous employment or studies in Australia.
- The visa applicant failed to comply with the conditions of a previous visa and/or had a previous visa cancelled or is being considered for cancellation except where a subclass 457 or 482 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 subclass 482 visa application that cannot be reconciled (for example: occupation/s declared in previous applications, incoming passenger cards, Form 80 etc.).
- The visa 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.
- The visa applicant has been identified as part of a cohort in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the Department.
Notably, the factors mentioned in policy previously that may give weight to GTE not being met have been reduced significantly. Within the current policy, having held previous temporary visas (including other 482 Short Term stream visas) or not having left Australia for prolonged periods is NOT listed as a factor for meeting the requirements of GTE.
However, the factors listed in the new policy are non-exhaustive and the Department of Home Affairs (DHA) is not limited solely to these factors in deciding whether visa applicants meet the requirements for GTE.
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