Student Guardian visa (subclass 590)
Student Guardian visa (subclass 590)
Features
This visa gives the guardian of an under-18 international student on a student visa the ability to stay in Australia.
Requirements
Applicants must:
- be either the student’s parent, have legal custody of the student, or be a relative aged 21 or over with written consent from the student’s parent or guardian
- not intend to bring with them any family member younger than 6, unless special circumstances exist
- be in a position to be able to house and support the student, unless their application is being sponsored and supported by their home country’s government
Pre-qualifying visas
Applicants who are already in Australia must have a valid and substantive temporary visa. The following visas are not considered eligible:
- Domestic Worker (Temporary) – Diplomatic or Consular visa (subclass 426)
- Temporary Work (International Relations) visa (subclass 403) in the Domestic Worker (Diplomatic or consular) stream
- Diplomatic (Temporary) visa (subclass 995) – primary visa holder only, family members may still be able to apply.
- Transit visa (subclass 771)
- Visitor visa (subclass 600) in the ‘Sponsored Family’ stream or in the ‘Approved Destination Status’ stream.
Bringing children
Children aged under six are usually not permitted to accompany applicants for this visa. An exception to this rule is usually only granted if::
- compelling and compassionate reasons exist to do so, or;
- to grant the visa would be of significant benefit to the relationship between Australia and another country.
Children aged six or over must have their own student visa in order to accompany you on a Student Guardian visa.
Any accompanying children must meet standard health requirements for Australian visa applications, and have valid health insurance to cover their entire stay in Australia.
In order to be able to apply for this visa, you must:
- be either the student’s parent, have legal custody of the student, or be a relative aged 21 or over with written consent from the student’s parent or guardian
- not intend to bring with you any family member younger than 6, unless special circumstances exist
- be able to provide accommodation, general welfare and other support to the student unless you are applying for this visa with the support of the government your home country.
You must also:
- meet the standard health and good character requirements for Australian visa applications
- have sufficient funds to support yourself and any accompanying dependants
- have in place health insurance for yourself and any dependents
- be free of debt to the Australian government, or have limited debts that are the subject of an agreed repayment plan
- not intend to remain in Australia indefinitely
- provide any requested biometric information
Financial requirements
Applicants should have sufficient funds to support them, the student and any dependant children who will be accompanying them during their travel to and stay in Australia.
In order to demonstrate sufficient funds, you should be prepared to show:
- evidence of funds covering both travel costs and living costs for a full year for both yourself and any accompanying children
- evidence that your spouse, if you have one, has an annual income of at least AUD 70,000 and will not be accompanying you to Australia
Applicants who are applying with the support of their home country or on the grounds of improved relations between Australia and that country will only be required to demonstrate sufficient funds for themselves and any accompanying dependants, not the student.
Indicative living costs for a 12-month stay in Australia
| Costs | Amount required in Australian dollars (AUD) |
|---|---|
| You (the Student Guardian visa applicant) | 19,830 per year |
| Child, if applicable | 2,970 per year for each child |
These figures are a guide on how much you should be expected to demonstrate that you have on hand when you apply. The exact cost of living in Australia can vary according to location and lifestyle. VELawyers strongly recommends you conduct your own research into housing, food, transport, utility and other costs before making plans to move to Australia.
Access to funds
Any funds you intend to use as evidence that you can support yourself and any family members in Australia must come from an ‘acceptable source’. For example:
- cash deposits in a financial institution
- a loan agreement from a financial institution or government
- scholarships or sponsorships.
The funds will also need to be viewed as genuinely available to you in order to be deemed acceptable. Australian authorities will consider:
- the nature of the relationship between you and the person providing the funds, where applicable
- your income, assets and employment or those of the person who is providing the funds
- your previous visa history and that of the person providing the funds.
Annual income
If you are relying on earned annual income as your source of funds, this must be at a minimum level of AUD 70,000 per annum. Annual income can be proved by showing evidence of either:
- your spouse’s personal income
- an official tax assessment (or country equivalent) demonstrating your own personal income from within the previous 12 months
Health insurance
You and the student visa holder must show that you will have health insurance for your entire stay in Australia.
Identity and relationship documents
You must provide evidence of your identity when applying, as well as of your relationship with the student.
You must also provide:
- a birth certificate showing the names of both parents
- page from each applicant’s passport showing photo, personal details and passport issue and expiry dates
- 2x recent passport photographs (45 mm x 35 mm) with the applicant’s name written or printed clearly on the back of each
- proof of any change of name, if applicable
Genuine temporary entrant requirement
You will be assessed as to whether you are genuinely intending to enter Australia on a temporary basis. You must provide evidence to support this assessment, for example:
- a return air ticket
- your visa or residence status in your home country and your right to return
- evidence of immediate family members in your home country
- proof of property or other significant assets in your home country
Bringing children
In the event that you intend to bring a child under six with you, but a legal guardian of that child is not accompanying you, you will need to also provide:
- Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125KB PDF) that has been completed by this person, or
- a statutory declaration giving this person’s consent for the applicant to travel to Australia on this visa.
- A certified copy of this person’s ID, such as their passport or birth certificate
Tips on preparing your application
- If your documents or evidence are not in English, they will need to be translated.
- If you are located outside Australia, contact the embassy, consulate or other diplomatic mission in the country that issued those documents.
- If you are in Australia, any translations must be prepared by a translator who has been accredited by the National Accreditation Authority for Translators and Interpreters.
- Scan or photograph all documents and translations.
- Ensure that any copies of original documents have been legally certified
Visa conditions
If your visa is granted, you must ensure that you comply with its conditions and Australian law for the full duration of your stay in Australia. Any breach of visa conditions or Australian law could lead to your visa being cancelled.
Typical conditions for this visa can include:
- a requirement for the guardian to remain with the student and guarantee their welfare
- not being permitted to leave the country without the student accompanying them
- ensuring that the guardian and accompanying dependents maintain health insurance for the duration of their stay
- the guardian not being permitted to work while in Australia.
Your full visa conditions will be visible in the Visa Entitlement Verification Online (VEVO) service.
Entering and leaving Australia
Leaving Australia without the nominating student is normally not permitted without making alternative arrangements for their welfare.
Before leaving Australia without the nominating student, guardians will need to provide Australian authorities with evidence that:
- there is an urgent compassionate or compelling need for them to leave the country
- suitable alternative arrangements have been made for the student’s welfare
Any alternative arrangements must be approved by both the Department of Home Affairs and the student’s education provider before the guardian will be given permission to leave Australia without the student.
If the guardian needs to leave Australia on a permanent basis but the nominating student still needs to remain in Australia to study, new welfare arrangements will need to be proposed and approved.
If the guardian does not comply with the conditions of their Student Guardian visa (subclass 590), their visa and that of the nominating student may be cancelled.
Book your no-obligation consultation today with our Registered Migration Agents in Melbourne, and find out the right visa options for your unique circumstances.
