# Student Dependent visa chances with poor GTE?



## astroquarks (Jun 8, 2014)

Hi all!

My gf is planning to do her Masters in Australia... And we're hoping we can apply for a 500 student visa together, with me as a defacto dependent / secondary applicant, so I can work full-time there. The tricky part is that my claim for GTE (genuine temporary entrant) is much weaker than her claim. Has anyone successfully gotten a dependent visa with this situation, where the secondary's GTE is much weaker than the primary applicant?

Longer version:
I tried submitting an EOI for 189 recently - but with only 65 points, I'm probably not going anywhere. So the second (expensive) option was that my gf could enroll as an international student, and I could fund her studies, and I could use the opportunity to gain some work exp in Australia. Right now, she already has an admission offer from a good univ (with scholarship) and I'm fairly confident she can get a visa for herself. (She has strong ties to home country, and strong funding from me.) I'm also confident on the "de facto" situation (we've been together for 3 years, living together, joint bank account). However, I'm worried that my own "situation" looks like i'd jump at the opportunity to work in australia long term . I haven't lived in India for 10+ years, so my ties there are weak, and I don't have strong ties to my current residence either (Philippines) although I will try to build that case. I have worked in the US for 7+ years in the past but am currently on a career-break and therefore unemployed. 

Does anyone have any idea or gut-feeling about this?
Any advice on what I could do to improve my GTE in the next 6 months? 

Thanks!


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## outrageous_view (Oct 22, 2018)

IIRC you can only work 20 hours a week/40 hours a fortnight even as a dependent on a student visa so you won't be able to work full time.


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## astroquarks (Jun 8, 2014)

outrageous_view said:


> IIRC you can only work 20 hours a week/40 hours a fortnight even as a dependent on a student visa so you won't be able to work full time.


Thanks for the reply but, IIUC, for dependents of _Masters_ students, there is no restriction on hours of work.

Condition 8104 says:

Family members of students studying a Masters by coursework or research, or doctorate (PhD) can work unlimited hours once the primary student visa holder has started their course.​
Am I missing anything?


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## PrettyIsotonic (Nov 30, 2016)

Are you sure dependents would need to satisfy the same GTE requirement? 

I'd clarify that point first  

A MARA agent may help if indeed navigating the GTE requirement is needed for you.

Edit:

So a cursory search online reveals it is indeed a requirement. 

GTE requirements can be incredibly unique, I'm sure you're across the main domains, but a reputable MARA agent will be able to help develop a solid strategy, especially if it is an essential cog to a future permanent visa (perhaps don't declare that to the MARA agent).

Edit 2:

I am a fan of Mark Northam, the following is from his website, and deals with the same criterion for visitor visas (so some of the considerations are irrelevant, like intent to work), but just in case it help:

https://mnvisa.com/genuine-visitor-policy/


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## JennyWang (Jan 9, 2018)

Hi astroquarks,

Me and my partner applied for 500 visa in 2016 and I don't think the dependent needs to do any GTE at that time as I remember because the partner is NOT the one studying (my country level =1)

If the rule stays the same, only your gf needs to provide GTE.

But please double check.

Cheers,


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## Famedevon (Apr 4, 2017)

outrageous_view said:


> IIRC you can only work 20 hours a week/40 hours a fortnight even as a dependent on a student visa so you won't be able to work full time.


That's not correct. Student Dependents can work full time. 100% sure


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## JennyWang (Jan 9, 2018)

Famedevon said:


> That's not correct. Student Dependents can work full time. 100% sure


Only the partner of master or PhD students can work full time.

cheers,


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## kaju (Oct 31, 2011)

JennyWang said:


> Only the partner of master or PhD students can work full time.
> 
> cheers,


Yes. 



Famedevon said:


> That's not correct. Student Dependents can work full time. 100% sure


No. 

Student dependents are normally allowed to work up to, but not more than 40 hours per fortnight. See Visa condition 8104.

They can only work when the student's course is in session, and only when the primary student visa holder has commenced their course.

See "Working on this visa", here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500#When


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## outrageous_view (Oct 22, 2018)

Also, as per 189 invite trends right now only 75 and above are getting invited. Considering you only have 65 points you need 3 years onshore work experience to get 75 points by 3 years anything could happen and the points requirements are going to be even higher. Just my 2cents if you are going to invest all that money/time into trying to raise points.


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## astroquarks (Jun 8, 2014)

JennyWang said:


> Hi astroquarks,
> 
> Me and my partner applied for 500 visa in 2016 and I don't think the dependent needs to do any GTE at that time as I remember because the partner is NOT the one studying (my country level =1)
> 
> ...


Thanks JennyWang for the data point! 

However I'm leaning towards believing that GTE is indeed important for the partner as well. For example, this agency page explicitly says 
Family members must satisfy the Genuine Temporary Entrant (GTE) criterion​and the official document checklist for the primary applicant says
We will consider your circumstances, your immigration history, if you are a minor and the intentions of a parent, legal guardian or *spouse*, and any other relevant matter.​Admittedly, that's less serious than saying the family members should individually prove GTE. But it definitely seem to factor in to the overall decision.

But hopefully you're right . I'll keep looking for more hints.


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## astroquarks (Jun 8, 2014)

outrageous_view said:


> Also, as per 189 invite trends right now only 75 and above are getting invited. Considering you only have 65 points you need 3 years onshore work experience to get 75 points by 3 years anything could happen and the points requirements are going to be even higher. Just my 2cents if you are going to invest all that money/time into trying to raise points.


Yes you're probably right about my points for 189. 
Actually there are other possible paths this could take after the initial 2-3 years, and i'm not sure which is more likely than the other:

My partner applies for her own 189, with additional +5 partner-points from me, and +5 from her australian studies.
My employer sponsors a 186 for me, after 3 yrs work exp?
My employer extends my TSS, to buy more time...
If nothing works out, it's not the end of the world, we can look at other countries.. Hopefully the expenses would've been recuperated by then!


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