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.