Overview
The Genuine Student (GS) requirement is a criterion that all applicants for the subclass 500 Student visa must satisfy. It replaced the former Genuine Temporary Entrant (GTE) criterion for student visa applications lodged on or after 23 March 2024.
The GS requirement asks whether the applicant is a genuine student — someone who intends to undertake genuine study in Australia. Unlike the GTE criterion, the GS requirement explicitly recognises that genuine students may later develop the skills Australia needs and may choose to apply for permanent residence. Future intentions to stay in Australia do not, by themselves, count against an applicant under the GS criterion.
Legal basis
- Migration Regulations 1994, Schedule 5 — sets out the GS criterion as one of the criteria for the subclass 500 visa
- Direction No. 106 — Assessing the Genuine Entry and Stay Requirements for Student Visas — the Ministerial Direction that governs how decision-makers assess the GS criterion; available from the DHA website
- DHA: Genuine Student requirement page — guidance at immi.homeaffairs.gov.au
How it works
What the GS criterion assesses
Decision-makers assessing the GS criterion consider all relevant circumstances, with particular focus on whether the applicant genuinely intends to undertake and complete the nominated course of study in Australia. Direction No. 106 identifies the following factors as relevant to the assessment:
- Current circumstances: The applicant's ties to their home country — family connections, employment, community, and economic circumstances — and whether these circumstances indicate a genuine intention to engage in study in Australia
- Reasons for the course and provider choice: Whether the applicant has a clear and credible explanation for why they want to study the particular course at the particular registered education provider in Australia; understanding of course requirements and life in Australia
- Benefit of the course: How completing the course will benefit the applicant — career development, academic progression, professional qualification
Key difference from the GTE criterion
The former Genuine Temporary Entrant (GTE) criterion required applicants to demonstrate a genuine intention to stay only temporarily — officers could weigh future immigration intentions as a negative factor. The GS criterion removes this barrier:
- Under GTE: A genuine intention to ultimately obtain permanent residence in Australia was a factor that could lead to refusal
- Under GS: Future intentions about staying in Australia — including a desire to eventually obtain PR — are not counted against the applicant. The focus is on genuine engagement with study, not on excluding potential future migrants.
This change reflects the Australian Government's recognition that skilled graduates from Australian universities contribute to the economy and that artificially requiring students to deny any interest in remaining in Australia was counterproductive.
Applications lodged before 23 March 2024
Applications lodged before 23 March 2024 continue to be assessed under the GTE (Genuine Temporary Entrant) criterion. The GTE criterion remains relevant for earlier applications that have not yet been decided, and for understanding historical decisions. The GTE test continues to apply to some other visa subclasses.
GS dependant criterion
Family members who apply as dependants of a subclass 500 holder must satisfy the GS dependant criterion — they must demonstrate that their stay in Australia is genuinely for the purpose of accompanying the primary student, and that there are no reasons why their presence in Australia would be contrary to the public interest.
Related pages
The introduction of the GS criterion was part of broader student visa reforms implemented by the Australian Government in 2024 in response to record levels of international student enrolments and concerns about the integrity of the international student program. The reforms also included increases in savings requirements, changes to work restrictions for students, and tightened requirements for some education providers.
The GS criterion and Direction No. 106 are subject to periodic update. Practitioners should check the DHA Genuine Student requirement page and the current version of Direction No. 106 for the most up-to-date guidance.