Legal guardians of students can assist their loved ones in their studies and provide invaluable support through the Australia Student Guardian Visa Subclass 590, which allows an international student to bring an immediate family member with them to stay in Australia temporarily.
These student guardian visas have strict eligibility criteria and an application process, making it crucial to complete all the required documents correctly.
What is an Australian 590 Visa
The Australia 590 Visa is usually for family members of a student visa holder who is under 18 years old, though they may be granted to parents of students above 18 in exceptional circumstances. You can care for more than one student, such as if you have a child in primary school and another in secondary education.
With a Student Guardian Visa Subclass 590, the student’s parent can remain in Australia until the primary visa holder completes their studies or turns 18. This is often a better option than a visitor visa for parents with minor students because it provides for a longer stay.
Parents can also complete an English Language Intensive Course for Overseas Students (ELICOS) or complete their own studies for under three months.
This is a substantive visa, meaning that it allows the visa holder to remain in the country for a longer period, unlike a transit visa, consular visa, or bridging visa. However, it is a temporary visa, so you must either leave Australia or apply for a further student guardian visa once your visa expires. This is not a work visa, so you cannot obtain employment.
Eligibility for Australia 590 Student Guardian Visa
To receive an Australia Student Guardian Visa 590, you and the student visa holder must meet specific requirements, including the following.
Student Requirements
For the student guardian visa, the primary applicant is typically between 6 and 18 years old. They must have their own Student Visa Subclass 500. The student guardian visa is typically only valid for as long as the nominating student’s visa or when the student turns 18.
If any immediate family members are under the age of 6, the legal guardian must demonstrate compelling and compassionate reasons to bring them along, or how grating the visa would significantly benefit the relationship between the Australian Government and another country.
Those who want to support an adult student must demonstrate that personal circumstances require a parent to be present.
Relationship Requirements
The Student Guardian Visa 590 holder and their nominating student must complete a statutory declaration proving their relationship. This can be through birth, adoption, or legal guardianship. All family members must provide identity documents and relationship documents, such as birth certificates and adoption forms.
Financial Requirements
The student guardian visa holder and the student must have sufficient funds for adequate welfare arrangements, including housing, food, transportation, and travel.
Actual living costs vary, but a student should have AUD $29,710 per year of study to cover living costs, and the guardian should have enough personal income to financially support themselves and any other dependents. You can prove your financial capacity through annual income statements and bank statements.
Accommodation Arrangements
For the student visa of an individual under 18, the education provider will complete a Confirmation of Appropriate Accommodation and Welfare (CAAW), which will be valid for the same time as their Confirmation of Enrolment plus seven days.
This is often student accommodation, but if a parent is accompanying the child, alternative welfare arrangements, such as off-campus housing, can be acceptable. The educational institution will confirm the residence status and general welfare requirements with the legal guardian.
Health and Character Requirements
For both the student guardian visa and the student visa, applicants must meet the health requirements and demonstrate their good character. This includes a police certificate for any individual above age 17 and medical exams for all applicants.
The visa conditions also require that all applicants have enough health insurance to cover their needs.
The Overseas Visitors Health Cover provides adequate health insurance for non-students, while the Overseas Student Health Cover will offer health insurance for the student visa holder.
Application Process for an Australian 590 Student Guardian Visa Subclass
You can complete the Student Guardian Visa application online. You will provide the visa details for the student, including the visa grant number and expiry dates. The student must complete a Genuine Temporary Entrant document, which shows that they intend to complete their courses and that they have a valid reason for choosing this program.
You will provide your own identity documents and personal details. This includes a valid passport from your home country, a birth certificate, and evidence of your relationship with the student visa holder. Additionally, you must prove that you will have adequate health insurance and income to support yourself during your stay. Once this is all completed, you may need to schedule a health exam and a biometric appointment, which will then be sent to the Australian government for assessment.
Visa Processing Times
Processing times for the Student Guardian Visa application are approximately 3 months, buthree may take as long as 5 months. It is crucial to complete your application well ahead of the deadline so that you don’t experience any delays.
Visa Application Fees
The visa itself costs AUD 1,600.00, but there may be additional expenses. Additional applicants, such as other dependent children, will cost extra. You may also have to pay for document translations, medical exams, police certificates, and biometric appointments.
590 Visa Restrictions for a Student Visa Holder
The student guardian visa is tied to the primary applicant’s student visa and is only valid for up to 5 years. You are allowed to stay for the length of time that is specified in your visa grant letter. When determining how long you can stay, the Department of Home Affairs considers the child’s age and the length of their stay. As part of your visa conditions, you promise to uphold all Australian laws while in the country.
Work and Study Restrictions
This is not a work visa, so you cannot take on formal employment while in Australia. However, you can take an English intensive course for up to 20 hours per week, and you can also enroll in a study program for up to 3 months while in the country.
Travel Restrictions
In general, the guardian visa does not allow you to travel without the student visa holder unless there is a compelling reason. You should inform the Department of Home Affairs any time you must leave the country, even if you are with your dependent child. Time spent outside of the country still counts toward the visa’s expiration date and will not extend your time.
Reasons for 590 Visa Refusals
Reasons that your visa may be denied include the following:
- The Student Visa Is Denied: Your visa is tied to that of your child, so if they are unable to complete the application or have any problems with their visa, you may not be able to obtain your own.
- Insufficient Funds: You must prove that you can support yourself, the student, and any other dependents while you are in the country.
- Incomplete Application: Be sure to provide all the necessary documents exactly as requested.
- Invalid Passport: If your passport will expire before you intend to leave the country, you may be denied.
- Insufficient Proof of Ties to Your Home Country: It must be evident that you can and will leave the country when your visa expires.
- Medical Conditions: While not all health conditions will lead to an immediate denial, having significant chronic health problems may lead to your visa being denied.
- Poor Character: A criminal record may lead to a denial.
How to Increase Your Chances of a Successful 590 Visa Application
For the best possible chances of having your 590 visa approved, consider the following tips.
- Work with an immigration expert: An immigration lawyer can double-check your documents and ensure you have everything ready. You will need to authorize them to help you.
- Apply early: As soon as your child has decided to get their visa, you should prepare your application and get all your documents in order.
- Fill out everything accurately: Never attempt to lie or produce fraudulent documents, as this will result in an immediate denial.
- Get your finances in order: You must be able to prove that you are self-sustaining, so get your bank statements, tax returns, and other financial statements prepared ahead of time.
- Coordinate with the student’s school: The educational provider will be able to assist you with your documents and help you arrange accommodations if necessary. They will also make sure that your student’s visa is in good shape.
- Make sure the documents are clear: Get good photocopies of every document.
Prepare for the interview: You may have to go through an interview when you go to the visa processing center for your biometric appointment. Look up common questions you may be asked so that you are confident and comfortable with the questions you may be asked.