International students studying in Australia on a student visa may require a guardian if they are under 18 years of age. The Student Guardian visa is for foreign nationals applying to stay in Australia as the guardian of such students.
Student visa holders who are 18 years of age or older and need care and support due to exceptional circumstances can also be accompanied by a Student Guardian Visa Holder.
You can lodge your application for a student guardian visa at the same time that a student lodges their student visa application.
To be eligible for this visa you must:
1. be a parent or person who has custody of the student, or a relative who is 21 years or older and has been nominated in writing by a parent or someone who has custody of the student;
2. not bring family members younger than 6 years of age to Australia, except under certain circumstances (please see below);
3. be able to provide accommodation, general welfare and other support to the student;
4. have enough money genuinely available to support yourself, the student and children coming with you for the duration of your stay in Australia. You must show evidence of financial capacity by providing one of the following (A) evidence of funds to cover travel costs and 12 months’ living costs for yourself and any other children coming with you, or (B) evidence that your spouse (who is not travelling to Australia) will support you and your dependants and has an annual income of at least AUD 70,000. Funds to support you and your family members must come from an acceptable source such as money deposits or loans from a financial institution;
5. satisfy the Department of Immigration and Border Protection (DIBP) that you are a “Genuine Temporary Entrant”. We can advise you what sort of information and evidence you can supply to help prove this to the DIBP;
6. have adequate health insurance for you and any dependants coming with you; and
7. meet health and character requirements;
8. if you are lodging your visa application in Australia, hold a “pre-qualifying visa”, which includes most temporary visas besides a bridging visa, criminal justice or enforcement visa.
Children under 6
You can only bring children under six years old if either:
1. there are compelling and compassionate reasons for the child to accompany you to Australia; or
2. the granting the visa would significantly benefit the relationship between the Australian Government and the government of another country.
If this is the case, you must be at least 21 and the child must be supported in writing by a parent or person who has custody.
The visa does not allow the holder to work in Australia in any occupation that is paid. Volunteer work is only possible if it:
1. is incidental to the care of the student;
2. would not otherwise be undertaken by an Australian resident;
3. is genuinely voluntary for a non-profit organisation; and
4. attracts no remuneration.
Where you can lodge an application
You can lodge the visa either inside or outside of Australia. If you lodge the application in Australia, you will be granted a Bridging Visa which will allow you to stay in Australia until the visa is processed. If you lodge the visa application in Australia, you must be in Australia for the visa to be granted.
If you lodge the visa application outside of Australia, you must be outside of Australia for the visa to be granted.
Our experienced immigration lawyers have successfully handled many applications for Student Guardian Visas. We will ensure your application is given the best prospects of success.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this visa to you and inform you of the process moving forward.
To organize a initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.