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590 Student Guardian Visa Lawyers

Subclass 590 Student Guardian visas allow parents or guardians to reside with students on student visas whilst they complete their studies. The students must demonstrate that they require care of an adult guardian and be under 18 years of age in general circumstances.

Applicants for the student guardian visas must be at least 21 years old, and either have custody of the student or be related to the student. You must possess an amount more than a minimum threshold to support the student and themselves.

Application Charges

$620

Prohibited Substantive Visas when Applying Onshore

You may lodge a visa application in or outside Australia. However, if you are already in Australia, you must be holding a substantive visa except for any of the following:

  • Subclass 426 Work and Holiday;
  • Subclass 403 Temporary Work;
  • Subclass 995 Diplomatic;
  • Subclass 771 Transit; or
  • Subclass 600 Visitor – Sponsored family stream.

Eligible Individuals to Provide Care for a Student

The purpose of the visa application must be to provide care to a holder of the student visa who is studying in Australia. You must be a:

  • Parent of the student visa holder; or
  • Person who has custody of the student; or
  • Relative of the student, aged 21 years or older, nominated in writing by the parent or person who has custody of the student.

A student who is 18 or older may establish the need for care and support in exceptional cases, but the threshold is high and will not be satisfied simply due to the maturity level of the student. Medical care or a constant chaperone for cultural reasons may be enough to establish the need for care and support to an adult student.

Arrangements for Non-Migrating Members of Family Unit

If you have a non-migrating child who has not turned 6, you cannot be granted the visa unless:

  • There are compelling and compassionate reasons; or
  • Granting the visa would significantly benefit the relationship between the Australian Government and the government of another country. 

If you have a non-migrating child aged 6 to 18 years, you must make adequate arrangements for the accommodation, support and welfare of the child. It is deemed that the adequate welfare arrangements for your child are made if they would be living with another parent, custodian or a relative who is at least 21 years old.

Genuine Temporary Entrant

You must demonstrate to the Department that you only intend to stay for the visa period providing care and support to the student. You may be subject to higher scrutiny on your intention if you are from an underdeveloped country.

Visa Conditions

Primary Applicant 

Unless granted due to significant international relations benefits to be derived to the Australian Government with the Government of another country, the following conditions must be imposed:

  • 8101: The holder must not undertake work in Australia without the permission in writing of the Minister.
  • 8201: While in Australia, the holder must not engage, for more than 3 months, in any studies or training.
  • 8501: The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
  • 8516: The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
  • 8534: The holder will not be entitled to be granted a substantive visa, other than a protection visa or a Subclass 485 (Temporary Graduate) visa or a Subclass 590 (Student Guardian) visa.
  • 8537: While the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia. While the holder is in Australia, the holder must: stay with the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder, provide appropriate accommodation and support for the nominating student and provide for the general welfare of the nominating student.
  • 8538: If the holder leaves Australia without the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder, the holder must first give to the Minister evidence that there are compelling or compassionate reasons for doing so and that the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia. If the nominating student has not turned 18, the alternative arrangements should be approved by the education provider for the course to which the nominating student’s visa relates.
  • If the visa is issued on the grounds of international relations benefits, the following must be imposed:
  • 8106: The holder may engage in work in Australia only if the work is relevant to the conduct of the business, or performance of the tasks, specified in the visa application.
  • 8201: While in Australia, the holder must not engage, for more than 3 months, in any studies or training.
  • 8501: The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
  • 8516: The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
  • 8534: The holder will not be entitled to be granted a substantive visa, other than a protection visa or a Subclass 485 (Temporary Graduate) visa or a Subclass 590 – Student Guardian visa.
  • 8537: While the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia. While the holder is in Australia, the holder must: stay with the nominating student (within the meaning of Part 590 of Schedule 2) in relation to the holder, provide appropriate accommodation and support for the nominating student and provide for the general welfare of the nominating student.
  • 8538: If the holder leaves Australia without the nominating student (within the meaning of Part 590 of Schedule 2), the holder must first give the Minister evidence that there are compelling or compassionate reasons for doing so, and that the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia. If the nominating student has not turned 18, the alternative arrangements should be approved by the education provider for the course to which the nominating student’s visa is related.

Secondary Applicant

The following must be imposed:

  • 8101: The holder must not undertake work in Australia without the permission in writing of the Minister.
  • 8501: The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
  • 8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
  • 8516: The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

 

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