# Student Guardian

> visa-590 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

Subclass 590—Student Guardian
590.1—Interpretation

590.111
               In this Part:
               nominating student, for an applicant, means a person who:
                (a) nominates the applicant on form 157N; and
                (b) at the time of decision for the applicant, holds a student visa that was
                    granted on the basis that the person met the primary criteria for the grant of
                    the student visa.

590.2—Primary criteria
               Note:     An applicant must satisfy all primary criteria. All criteria must be satisfied at the time a
                         decision is made on the application.


590.211
          (1) The applicant meets the requirements of subclause (2), (3) or (4).
          (2) The applicant meets the requirements of this subclause if:
               (a) the nominating student has not turned 18; and
               (b) the applicant is able to:
                     (i) provide appropriate accommodation and support for the nominating
                         student; and
                    (ii) provide for the general welfare of the nominating student; and
               (c) the applicant is either:
                     (i) a parent of the nominating student or a person who has custody of the
                         nominating student; or
                    (ii) a person who is a relative of the nominating student and who has
                         turned 21; and
               (d) if subparagraph (c)(ii) applies—the nomination of the applicant is
                   supported in writing by:
                     (i) a parent of the nominating student; or
                    (ii) a person who has custody of the nominating student.
          (3) The applicant meets the requirements of this subclause if:
               (a) the nominating student has turned 18; and
               (b) there are exceptional reasons why the nominating student needs the
                   applicant to reside with the nominating student in Australia; and
               (c) the applicant is able to:
                     (i) provide appropriate accommodation and support for the nominating
                         student; and








                      (ii) provide for the general welfare of the nominating student; and
                 (d) the applicant is a person who:
                       (i) is a relative of the nominating student; and
                      (ii) has turned 21.
          (4) An applicant meets the requirements of this subclause if:
               (a) the grant of the visa to the applicant will significantly benefit the
                   relationship between the government of Australia and the government of a
                   foreign country; and
               (b) the applicant has turned 21; and
               (c) if the nominating student has not turned 18—the nomination of the
                   applicant is supported in writing by:
                     (i) a parent of the nominating student; or
                    (ii) a person who has custody of the nominating student.

590.212
          (1) The applicant has a genuine intention to reside in Australia with the nominating
              student.
          (2) The nominating student has a genuine intention to reside in Australia with the
              applicant.
          (3) Unless the applicant meets the requirements of subclause 590.211(4), the
              nominating student does not intend to reside in Australia with:
               (a) a holder of a Subclass 580 or 590 visa other than the applicant; or
               (b) a parent of the nominating student, or a person who has custody of the
                   nominating student, other than the applicant.
               Note:     If the applicant meets the requirements of subclause 590.211(4), the nominating student
                         may intend to reside with one or more holders of a Subclass 580 or 590 visa in addition
                         to the applicant.


590.213
               If any member of the family unit of the applicant has not turned 6:
                 (a) the applicant has established compelling and compassionate reasons for the
                     grant of the visa; or
                 (b) the applicant satisfies the requirements of subclause 590.211(4).

590.214
               The applicant has made appropriate arrangements, for the period of the
               applicant’s proposed stay in Australia, for the accommodation, support and
               general welfare of each member of the applicant’s family unit:
                 (a) who has not turned 18; and
                (b) who does not hold a student visa.









590.215
               The applicant is a genuine applicant for entry and stay as a student guardian
               because:
                (a) the applicant intends genuinely to stay in Australia temporarily, having
                    regard to:
                      (i) the applicant’s circumstances; and
                     (ii) the applicant’s immigration history; and
                    (iii) any other relevant matter; and
                (b) the applicant intends to comply with any conditions to which the visa may
                    be subject, having regard to:
                      (i) the applicant’s record of compliance with any condition of a visa
                          previously held by the applicant (if any); and
                     (ii) the applicant’s stated intention to comply with any conditions to
                          which the visa may be subject; and
                (c) of any other relevant matter.

590.216
          (1) The applicant will have genuine access to:
               (a) funds of a kind mentioned in subclause (2); and
               (b) funds that evidence financial capacity, as mentioned in subclause (3).
          (2) While the applicant holds the visa, sufficient funds will be available to meet:
               (a) the costs and expenses of the applicant during the applicant’s intended stay
                   in Australia; and
               (b) the costs and expenses of each member of the applicant’s family unit (if
                   any) who will be in Australia; and
               (c) unless the applicant meets the requirements of subclause 590.211(4), the
                   costs and expenses of each nominating student.
          (3) The applicant gives to the Minister evidence of financial capacity that satisfies
              the requirements specified in an instrument under subclause (4).
          (4) The Minister may, by legislative instrument, specify requirements for the
              purposes of subclause (3).

590.217
               The applicant gives to the Minister evidence of adequate arrangements for health
               insurance during the period of the applicant’s intended stay in Australia.

590.218
               The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005,
               4010, 4013, 4014, 4019, 4020 and 4021.









590.219
               The applicant satisfies special return criteria 5001, 5002 and 5010.

590.3—Secondary criteria
               Note:    These criteria must be satisfied by applicants who are members of the family unit of an
                        applicant who satisfies the primary criteria. All criteria must be satisfied at the time a
                        decision is made on the application.


590.311
               The applicant is a member of the family unit of a person who satisfies the
               primary criteria in Division 590.2.

590.312
               The applicant must not have turned 6.

590.313
               The applicant gives to the Minister evidence of adequate arrangements for health
               insurance during the period of the applicant’s intended stay in Australia.

590.314
               The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005,
               4010, 4013, 4014, 4017, 4018, 4020 and 4021.

590.315
               The applicant satisfies special return criteria 5001 and 5002.

590.4—Circumstances applicable to grant

590.411
               The applicant may be in or outside Australia when the visa is granted, but not in
               immigration clearance.

590.5—When visa is in effect

590.511
               Temporary visa permitting the holder to travel to, enter and remain in Australia
               until a date specified by the Minister.









590.6—Conditions

590.611
          (1) In the case of a visa granted to an applicant who meets the requirements of
              subclause 590.211(2) or (3)—conditions 8101, 8201, 8501, 8516, 8534, 8537
              and 8538 must be imposed.
          (2) In the case of a visa granted to an applicant who meets the requirements of
              subclause 590.211(4)—conditions 8106, 8201, 8501, 8516, 8534, 8537 and 8538
              must be imposed.

590.612
               In the case of a visa granted to an applicant who satisfies the secondary criteria
               for the grant of the visa—conditions 8101, 8501, 8502 and 8516 must be
               imposed.
