Subclass 590: Student Guardian

Subclass 590 Student Guardian visas allow parents or guardians to reside with students on student visas whilst they complete their studies. This is the primary subclass of visa for parents of international students in Australia. The students must demonstrate that they require care of an adult guardian and be under 18 years of age in general circumstances. There is no English language requirement applicable to this visa.

Applicants for the student guardian visa subclass must be at least 21 years old, and either have custody of the student or be related to the student. You must possess enough money, beyond a minimum threshold, to care for the student as well as yourself. Note that for most grants of a student guardian visa, Australia’s Department of Home Affairs will likely forbid paid employment. As such, you must show your ability to support yourself and the student whilst on your subclass 590 guardian visa without being able to work in Australia.

Application Charges

Base Application Charge – $620

Additional applicant charge for any other applicant who is less than 18 – $150

Please note that additional applicants must be below the age of 6 to qualify under the applicable secondary criteria. There are no English language requirements applicable to such a visa application. If traveling with an accompanying child, you must have enough money to support yourself, the student visa holder and any additional applicants under the age of 6. It is not possible to add a secondary applicant over the age of 6 to your student guardian visa, subclass 590, application.

Prohibited Substantive Visas

You may lodge a student guardian subclass 590 visa whilst in or outside Australia. However, if you are already in Australia and are looking to extend your stay, you must be holding a substantive visa.

Note that you will not be able to apply to extend your stay in Australia if you currently hold any of the following visa:

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

Eligible Individuals

The purpose of the student guardian visa subclass 590 application must be to provide care to a holder of the student visa who is under 18 years of age and studying in Australia. You must also be a:

  • Parent of the student visa holder;
  • 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 has already turned 18 years of age may establish the need for care and support from a guardian visa, subclass 590, holder 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 of 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 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.

For children under 6, they may be included as a secondary applicant to your guardian visa, subclass 590, application as discusses above. If it is not feasible to pursue a guardian visa, Australia may offer alternatives to visa subclass 590 depending on your circumstances.

Genuine Temporary Entrant

As with most temporary visas, you must demonstrate to the Department that you only intend to stay in Australia for the visa period. If you are a citizen of a developing country or if there is some doubt about the true purpose of your stay, your subclass 590 student guardian visa application will likely be subject to greater scrutiny.

Visa Conditions

Primary Applicant

Unless granted due to significant international relations benefits, the following conditions must be imposed on your student guardian visa, subclass 590:

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 in relation to the holder is in Australia, the holder must reside in Australia. While the holder is in Australia, the holder must: stay in Australia with the nominating student 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 in relation to the holder, the holder must first give to the Minister evidence that there are compelling or compassionate reasons for doing so, the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia and if the nominating student has not turned 18, the alternative arrangements are 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 must 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 Australia.

8537: While the nominating student in relation to the holder is in Australia, the holder must reside in Australia. While the holder is in Australia, the holder must: stay in Australia with the nominating student 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 in relation to the holder, the holder must first give to the Minister evidence that there are compelling or compassionate reasons for doing so, the holder has made alternative arrangements for the accommodation, support and general welfare of the nominating student until the holder’s return to Australia and if the nominating student has not turned 18, the alternative arrangements are approved by the education provider for the course to which the nominating student’s visa 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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