Australia Releases Categories of Non-Citizens Who Cannot Apply for Student Guardian Visa in Country

• Australia's Department of Home Affairs has published the eligibility rules for the Subclass 590 Student Guardian Visa, revealing who qualifies to apply from within the country
• The guidelines specify that applicants must hold a substantive visa, but certain visa subclasses are explicitly barred from applying while in Australia
• Among the excluded subclasses are holders of the Subclass 601 ETA and the Subclass 485, with limited exceptions for some family members

Australia's Department of Home Affairs has published 10 eligibility conditions for the Subclass 590 Student Guardian Visa, making clear which non-citizens are barred from lodging an application while physically in the country.

The Student Guardian Visa allows a parent or relative to travel to Australia to support a child who holds a student visa. While the government permits applicants to lodge their application either from within Australia or from abroad, those already in the country face specific restrictions based on what visa they currently hold.

Who cannot apply from inside Australia

Foreign applicants in Australia must hold what is known as a substantive visa to be eligible. However, even holding a substantive visa is not always enough, as the government has listed ten visa subclasses whose holders are specifically excluded from applying onshore.

The excluded subclasses are:

1. Temporary Work (International Relations) visa (subclass 403) in the Domestic Worker (Diplomatic or consular) stream
2. Domestic Worker (Temporary) Diplomatic and Consular visa (subclass 426)
3. Temporary Graduate visa (subclass 485)
4. Visitor visa (subclass 600)
5. Electronic Travel Authority visa (subclass 601) (ETA)
6. Medical Treatment visa (subclass 602)
7. eVisitor visa (subclass 651)
8. Transit visa (subclass 771)
9. Maritime Crew visa (subclass 988)
10. Diplomatic (Temporary) visa (subclass 995) – primary visa holder only. A family member of a Diplomatic (Temporary) visa (subclass 995) can apply for a student visa in Australia

One partial exception applies to the Subclass 995. While the primary holder of that visa cannot apply onshore, family members attached to the same visa are still permitted to do so.

Options for those ineligible to apply onshore

Holders of any of the excluded visa subclasses who wish to obtain a Student Guardian Visa are not entirely without options. The Department of Home Affairs confirms that applicants can lodge their application from outside Australia, meaning those ineligible to apply onshore may need to depart the country before submitting their request.

The Subclass 590 visa is specifically designed for adults who are not the primary student but need to be present in Australia to provide guardianship or support. It is not intended as a general visitor or work visa and carries its own set of conditions once granted.

Prospective applicants are advised to review the full eligibility requirements on the Department of Home Affairs website before lodging any application, as individual circumstances can affect the outcome significantly.

In a similar report, Legit.ng published that the Australian government announced the age limit for foreigners to join the Navy, Army and Air Force.

Student visa: Australia publishes working hours

Meanwhile, Legit.ng previously reported that Australia published the number of hours foreigners on its Subclass 500 student visa can work while their course is in session. International students are allowed to work up to 48 hours per fortnight, or about 24 hours a week, during active study periods.

The rule is especially important for Nigerian students hoping to support themselves through part-time jobs while studying abroad. Working beyond the permitted limit could breach visa conditions and put a student’s right to remain in Australia at risk.