Subclass 590 Student Guardian Visa 2026: Who Can Apply and Visa Conditions

Plain-language guide · general information, not immigration advice

You can apply for the Subclass 590 (Student Guardian) visa only if a student nominates you on form 157N, that student holds a student visa granted on the basis of the primary criteria, and you fit one of three narrow situations in clause 590.211 of Schedule 2 to the Migration Regulations 1994: looking after a student who has not turned 18 as a parent, custodian or relative aged 21 or over; joining a student who has already turned 18 because there are exceptional reasons; or a case where granting you the visa would significantly benefit Australia's relationship with a foreign government. If you qualify under the first two situations, conditions 8101, 8201, 8501, 8516, 8534, 8537 and 8538 must be imposed on the visa; the third situation swaps 8101 for 8106. This reflects the text of the Migration Regulations 1994 published by the Australian Government's Federal Register of Legislation as of September 2026. It is general information about how the criteria are written, not advice on any individual case, so confirm the current official text or get advice from a qualified professional before you rely on it for a decision.

Who has to nominate you, and how?

The gateway is the nominating student. Under clause 590.111, the nominating student for your application is the person who nominates you on form 157N and who, at the time a decision is made on your application, holds a student visa granted because they met the primary criteria for that visa. A student who holds their visa through the secondary criteria — as someone else's family member — does not meet this definition, so a guardian application built on that student's visa cannot work.

Because the test runs to "at the time of decision," the student's status matters throughout processing, not just on the day you lodge.

What are the three ways to qualify as the main applicant?

Clause 590.211(1) requires you to meet subclause (2), (3) or (4).

Pathway	Nominating student	Who you must be	What else is required
590.211(2)	Has not turned 18	A parent of the student, a person who has custody of the student, or a relative who has turned 21	You must be able to provide appropriate accommodation and support, and provide for the student's general welfare; if you are applying as a relative, the nomination must be supported in writing by a parent or by a person who has custody
590.211(3)	Has turned 18	A relative who has turned 21	There must be exceptional reasons why the student needs you to reside with them in Australia, and you must be able to provide the same accommodation, support and general welfare
590.211(4)	Either	You have turned 21	The grant must significantly benefit the relationship between the Australian government and the government of a foreign country; if the student is under 18, the nomination needs written support from a parent or custodian

The regulation does not define "exceptional reasons" or "relative" inside Subclass 590 itself, which is why these two pathways turn on evidence rather than on a checklist you can tick mechanically. Suppose, as a hypothetical, that a 19-year-old student nominates an aunt aged 30: the application only works if the aunt is a relative, is over 21, and the file shows exceptional reasons why the student needs her to live with them.

Note that the accommodation and welfare requirements sit inside (2) and (3) only. The 590.211(4) pathway has its own test and does not carry them.

Do you and the student actually have to live together?

Yes, as a matter of declared intention. Clause 590.212 requires that you have a genuine intention to reside in Australia with the nominating student, and that the student has a genuine intention to reside in Australia with you.

There is also an exclusivity element. Unless you qualify under 590.211(4), the nominating student must not intend to reside in Australia with another holder of a Subclass 580 or 590 visa, or with a parent or custodian other than you. If you do qualify under 590.211(4), the student may intend to live with one or more other Subclass 580 or 590 holders as well as you.

Separately, clause 590.215 asks whether you are a genuine applicant for entry and stay as a student guardian: whether you intend genuinely to stay temporarily, given your circumstances, immigration history and any other relevant matter, and whether you intend to comply with the conditions the visa may carry, including your past record of compliance.

Can you bring your own children or other family members?

Family members can be included, but two rules bite. Clause 590.213 says that if any member of your family unit has not turned 6, you must either establish compelling and compassionate reasons for the grant of the visa or satisfy 590.211(4). Clause 590.214 requires you to have made appropriate arrangements, for the whole of your proposed stay, for the accommodation, support and general welfare of each family unit member who is under 18 and does not hold a student visa.

On the secondary side, clause 590.312 is blunt: a secondary applicant must not have turned 6. That is an absolute age ceiling on who can be added, not a matter of discretion.

What money and health cover evidence do you need?

Clause 590.216(1) requires genuine access to two things: funds of the kind described in subclause (2), and funds that evidence financial capacity as described in subclause (3).

Subclause (2) asks whether, while you hold the visa, sufficient funds will be available to meet your own costs and expenses during your intended stay, the costs and expenses of each family unit member who will be in Australia, and — unless you are applying under 590.211(4) — the costs and expenses of each nominating student. Subclause (3) requires you to give the Minister evidence of financial capacity that meets the requirements set out in a legislative instrument made under subclause (4).

That structure matters practically: the regulation does not itself state a dollar figure, and the evidence test is set by legislative instrument, so the amount and the accepted forms of evidence can change without the clause changing. The secondary criteria in Division 590.3 contain no separate funds requirement of their own.

Both main and secondary applicants must give evidence of adequate arrangements for health insurance for the period of their intended stay in Australia — clause 590.217 for primary applicants and clause 590.313 for secondary applicants.

What other criteria apply?

Primary applicants must satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019, 4020 and 4021 (clause 590.218), and special return criteria 5001, 5002 and 5010 (clause 590.219). Secondary applicants must satisfy public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4017, 4018, 4020 and 4021 (clause 590.314) and special return criteria 5001 and 5002 (clause 590.315) — the swap of 4019 for 4017 and 4018, and the drop of 5010, follow from the fact that secondary applicants must be under 6.

All criteria must be satisfied at the time a decision is made on the application.

Which visa conditions will be imposed on you?

Clause 590.611 divides primary applicants by pathway, and clause 590.612 covers secondary applicants.

Applicant type	Conditions that must be imposed
Primary applicant under 590.211(2) or (3)	8101, 8201, 8501, 8516, 8534, 8537, 8538
Primary applicant under 590.211(4)	8106, 8201, 8501, 8516, 8534, 8537, 8538
Secondary applicant	8101, 8501, 8502, 8516

Three things follow from that table. Conditions 8501 and 8516 attach in every case. The only difference between the two primary sets is 8101 versus 8106. And the secondary set is not simply a trimmed version of the primary set: it drops 8201, 8534, 8537 and 8538, and adds 8502, which appears nowhere in the primary lists.

For contrast, a primary Subclass 500 (Student) holder must have conditions 8105, 8202, 8501, 8516, 8517, 8532, 8533 and 8208 imposed, while a secondary Subclass 500 applicant gets 8104, 8208, 8501 and 8516, plus 8518 if under 18 or 8201 if 18 or over. So a guardian's condition set is genuinely its own, not a copy of the student's.

The wording of each numbered condition is set out in Schedule 8 to the Migration Regulations 1994, and whether a particular visa class may be made subject to a condition depends on the relevant provision in Schedule 2. Breaches are dealt with under sections 41 and 116 to 119 of the Migration Act 1958.

Where can you be when the visa is granted, and how long does it last?

Clause 590.411 allows the visa to be granted while you are in or outside Australia, but not while you are in immigration clearance. Clause 590.511 describes the visa as a temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister — so the end date is set individually rather than fixed by a rule in the clause itself.

Frequently Asked Questions

Can a relative other than a parent be a student guardian?

Yes, on two conditions: the relative must have turned 21, and if the nominating student is under 18 the nomination must be supported in writing by a parent of the student or by a person who has custody of the student. The relative must also be able to provide appropriate accommodation and support and provide for the student's general welfare.

Can I be a guardian for a student who is already 18?

Only under clause 590.211(3), which is narrower than the under-18 route: you must be a relative who has turned 21, and there must be exceptional reasons why the student needs you to reside with them in Australia. The accommodation, support and general welfare requirements apply here as well.

Can I bring my own young child on the same application?

A secondary applicant must not have turned 6, per clause 590.312. If any member of your family unit is under 6, clause 590.213 requires either compelling and compassionate reasons for the grant or qualification under 590.211(4). You must also have made arrangements for the accommodation, support and general welfare of any family unit member under 18 who does not hold a student visa.

Which conditions apply if I am a secondary applicant?

Conditions 8101, 8501, 8502 and 8516 must be imposed under clause 590.612. That set differs from the primary applicant's set: it does not include 8201, 8534, 8537 or 8538, and it includes 8502, which does not appear on the primary lists.

Do I need to show health insurance?

Yes. Clause 590.217 requires primary applicants to give evidence of adequate arrangements for health insurance during the period of their intended stay, and clause 590.313 imposes the same requirement on secondary applicants. This is a criterion you must meet, separate from the conditions attached to the visa after grant.

How much money do I have to show?

The regulation frames it as genuine access to sufficient funds for your own costs, the costs of family unit members who will be in Australia, and — unless you apply under 590.211(4) — the costs of each nominating student. The actual financial capacity evidence test is set by a legislative instrument made by the Minister, so the required figure and accepted evidence should be confirmed against the official requirements in force when you apply.

Can I apply while I am already in Australia?

Yes. Clause 590.411 permits the visa to be granted whether you are in or outside Australia, as long as you are not in immigration clearance at the time of grant.