Updates to Temporary Skill Shortage (Subclass 482) Visa Genuine Temporary Entrant (GTE) Policy
The Department of Home Affairs has updated the Temporary Skill Shortage ‘TSS’ (Subclass 482) Visa policy requirements for the Short-Term Stream Genuine Temporary Entrant (GTE) significantly. This policy update has been in effect since 2 August 2024.
Key Changes to Genuine Temporary Entrant Policy for TSS (Subclass 482)
Simplified Assessment for GTE: The updated GTE policy presumes that GTE is met by default unless there are specific concerns that arise regarding the applicant’s intentions.
Reduced Factors Against GTE: Factors that were previously considered against meeting GTE requirements have significantly reduce. For example, holding multiple temporary visas, including the previous Subclass 482 (Short Term) visas, or not leaving Australia for extended periods are no longer considered negative factors against the GTE policy.
However, it is important to note that the policy indicates the factors listed are not exhaustive, and the Department is not restricted to these when assessing whether an applicant meets the GTE requirements.
Not Meeting GTE Requirement May Lead to TSS Subclass 482 Refusal
Speak to one of our Accredited Specialist in Immigration Law for a solution
What Factors May Be Considered For Not Meeting GTE Policy for Subclass 482?
Factors that may indicate GTE is not met under the current policy include:
Failed to Comply with Previous Visa(s) Conditions: If an applicant has failed to comply with their previous visa(s) conditions and/or had a previous visa cancelled or their current visa is under consideration for cancellation, except when a Subclass 457 or TSS Subclass 482 visa was cancelled due to cessation of employment while the applicant was offshore.
Inconsistent Information in Applications: If there are significant inconsistencies in the information provided by the applicant in their TSS visa application that cannot be reconciled (such as discrepancies in declared occupations across previous applications, incoming passenger cards, Form 80, etc.).
Multiple Unsuccessful TSS Visa Applications: The applicant has made two (2) or more unsuccessful TSS applications (i.e. applications that have been refused or withdrawn) particularly where:
The nominated occupation has changed with each application; and/or
The nominated occupation does not align with their previous employment or studies in Australia.
Identified in Migration Fraud and Compliance Reports: If the applicant belongs to a group identified in statistical, intelligence, and analysis reports on migration fraud and immigration compliance issues, their TSS (Subclass 482) Visa application may be affected by GTE.
Concerning Immigration History: The applicant or a family member has an immigration history of concern, such as a history of visa refusals, or non-compliance with immigration requirements in another country.
How Can Agape Henry Crux Help
If you find yourself in a circumstance that was mentioned above for your ongoing Temporary Skill Shortage (Subclass 482) Visa application, you may still be at risk of visa refusal due to GTE. Better be safe than sorry! Contact us at Agape Henry Crux, our Accredited Specialist(s) in Immigration Law and our team of immigration lawyers are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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