For example, a mother in Kuala Lumpur plans to send her 13-year-old son to secondary school in Melbourne. She wants to come with him, but has questions: can he live in a homestay on his own? Can she work or study in Australia? After university, can he stay to work, or even migrate? The answers depend on the rules for the Student visa (subclass 500), the Student Guardian visa (subclass 590) and, later, the Temporary Graduate visa (subclass 485).

The basics of the subclass 500 Student visa

Whether at school or university, international students generally apply for a Student visa (subclass 500). To apply, you need an offer from a registered Australian institution and a Confirmation of Enrolment (CoE). You must also meet the genuine student requirement, as well as requirements for financial capacity, English (depending on the course), health, character and health insurance. The visa is usually granted for the length of the course.

The Genuine Student requirement

Student visa applications lodged on or after 23 March 2024 are assessed against the Genuine Student (GS) requirement, which replaced the Genuine Temporary Entrant (GTE) requirement. Instead of a long statement, applicants answer targeted questions about their circumstances (family, work and finances), why they chose the course and Australia, how it will benefit them, any previous study in Australia, and the reasons for any visa changes. For younger students, parents should help prepare answers that line up with the study plan, family background and financial evidence.

Financial capacity, OSHC and work limits

You must show enough money to cover tuition, living costs and travel, plus costs for accompanying family members and any school-age children. The amounts are set by the Department of Home Affairs and change from time to time, so check the current figures before lodging — and be ready to explain where the funds come from.

Holding Overseas Student Health Cover (OSHC) for the whole time you are on a student visa is a visa condition. And since 1 July 2023, student visa holders have been limited to 48 hours of work per fortnight during study periods.

Welfare arrangements for under-18 students and the CAAW

Students under 18 must have approved accommodation and welfare arrangements. There are two main options: living with a parent, legal custodian or a relative aged 21 or over nominated by the parent, approved by the Department of Home Affairs (usually through the 590 visa); or having the school or provider take responsibility for accommodation and welfare and issue a Confirmation of Appropriate Accommodation and Welfare (CAAW).

In Victorian government schools, for example, the Department of Education's International Student Program requires that students under 15 when they start may only live with a parent, legal guardian or a relative approved by the Department of Home Affairs — not in a homestay. Younger children therefore often need a parent to come with them.

The subclass 590 Student Guardian visa: who can come and what they can do

The 590 visa is for a parent, legal custodian, or a relative aged 21 or over (such as a grandparent, older sibling, aunt or uncle) nominated by the parent, to live in Australia with a student under 18. In exceptional circumstances, a parent of a student aged 18 or over may also qualify. You must be able to support yourself and the student and provide accommodation and day-to-day care. The visa generally runs in line with the student's visa.

Importantly, the 590 visa does not allow you to work in Australia. For study, you can take an English language (ELICOS) course of up to 20 hours a week, or up to three months of other study or training. Applications for the 590 are still assessed against the Genuine Temporary Entrant (GTE) requirement rather than the GS requirement.

After graduation: the 485 visa, and why study is not a migration guarantee

After finishing university or vocational studies, students can consider a Temporary Graduate visa (subclass 485), which currently has a Post-Vocational Education Work stream, a Post-Higher Education Work stream, and a Second Post-Higher Education Work stream for graduates of regional institutions. Since 1 July 2024, applicants generally must be 35 or under (with an exception for Hong Kong SAR and BN(O) passport holders).

But be clear: a student visa is not itself a permanent visa, and the 485 is only a temporary visa. Whether you eventually obtain permanent residence depends on many factors, such as your occupation, skills assessment, and employer or state nomination, and these policies have changed often in recent years. Choose a course mainly for genuine study goals, then factor in your long-term plans, rather than treating study as a 'guarantee' of migration.

Practical checklist

• Confirm the school or provider is registered to take international students, and obtain the CoE.
• Prepare Genuine Student answers that are consistent with the study plan and family background.
• Prepare financial evidence to the Department's current standard, with a clear explanation of the source of funds.
• Buy OSHC covering the full visa period.
• Under 18: decide between a parent guardian (590) or a school-issued CAAW, and check the school's rules on age and accommodation.
• Parent guardians: budget for household costs and accept that you cannot work while in Australia.

Chua Tan Associates has practised in Melbourne since 1990. Our team includes two Law Institute of Victoria Accredited Specialists in Immigration Law, and we advise in Mandarin, Cantonese and English. Whether your child is starting school or university, or you are considering coming with them as a guardian, you can meet us in person at our Melbourne CBD office at 262 Queen Street or consult by video from overseas. Call 03 9602 3988 or contact us online.

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• Skilled Migration to Australia for Professionals from Asia: Subclass 189, 190 and 491 Explained
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• Hong Kong Passport Holders: 485 Graduate Visa and the 189/191 Hong Kong Streams Explained
• Bringing your parents to Australia: choosing between the 143, 173, 864, 870 and other parent visas
• Before you move to Australia: a legal checklist for wealthy families

This page provides general information only and is not legal advice.

This article is part of the guide: Australian immigration solicitor - See all related guides

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