Student Visa Application For Off-Shore Partners

All Australian temporary visas have an eligibility requirement known as being a genuine temporary entrant (GTE). This means that the applicant (you) must have strong reasons to return to their home country.

When evaluating visa applications, the country of your passport plays a significant role. Holding a passport from a developing nation puts you at a considerable disadvantage. The Department of Home Affairs will thoroughly review your situation, considering factors such as your socio-economic status, employment, and family connections. If the department believes that you would be better off remaining in Australia and do not have sufficient family ties to require you to return to your home country, your visa application is likely to be denied. This is the process for assessing visitor visas.

In the case of student visa applications, the school and program you are enrolling in might still secure you the visa, even if you technically fail the GTE (Genuine Temporary Entrant) requirement. However, this is a topic that should be discussed separately.

In recent decades, education agents in developing countries have found a way to bypass the Genuine Temporary Entrant (GTE) requirement for visas to Australia. They advised married couples to apply for the visa separately. Even if the main applicant doesn't have strong socio-economic circumstances, the couple's marriage would require them to return to their home country. This would result in the main applicant's visa being granted. Once the main applicant is in Australia, migration agents would submit a separate application for the partner. When assessing secondary applicants, the Department of Home Affairs considered the ethical implications and did not like to keep married couples separated. As a result, both partners were able to come to Australia.

Since July 1, 2024, the Department of Home Affairs has changed its policy approach to offshore partner applications. Partner's subsequent entrant applications are no longer considered under ethical grounds. Therefore, the previously mentioned method is no longer effective. Visa applications for married couples are now being rejected, leaving thousands of people in a difficult situation. They are forced to decide whether to continue their studies while living apart for the remainder of the visa or to abandon their studies and return home.

My advice to you is that on your next Australian visa application, ask your migration agent to include your partner, thus Ensuring That You Will Win or Fail together.

Remember, if you finish your studies and apply for Subclass 485, you can include your partner. The Genuine Temporary Entrant (GTE) requirement should not be a problem. However, it's important to consider that while you would have the advantage of holding a bridging visa, your partner would have to wait in your home country until the visa is granted, and that could take several months.

If you need assistance with exploring your options to transition from a student visa or applying for subclass 485, 482, 186, or Partner Visa, feel free to reach out to me. I'm confident that I can help you.

Ilgin Azazi

Registered Migration Agent - MARN 2318123

ilginazazi@visa-australia.com.au

0416049021