Analysis of Australian Visa System: Student Guardian and Orphan Visas

This report examines the Australian visa system, specifically focusing on the Student Guardian (subclass 590) and Orphan Relative (subclasses 837 and 117) visas. The Student Guardian visa allows individuals to support students under 18 or those requiring care, while the Orphan Relative visas facilita...Read More

AUSTRALIA VISA SYSTEM TASK 2 1
AUSTRALIA VISA SYSTEM TASK 2
Name:
Instructor:
Cause:
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AUSTRALIA VISA SYSTEM TASK 2 2
AUSTRALIA VISA SYSTEM TASK 2
Student Guardian Visa
The Student guardian (subclass 590) may not allow Aysel to get married to Dennis
because its provisions are all about the guardian and who qualifies to be the student guardian.
Some of the details about this visa are as discussed below. Student Guardian (subclass 590) visas
allow an individual to come to Australia to provide care and support to provide support to a
student who is a holder to student visa and is under 18 years of age. It also allow such persons to
provide care and support to a student who is 18 years of age or above and requires care and
support due to unique circumstances.1 This visa does not allow the holder to work in Australia,
but it allows one to care for more than one student. However, there can be only one Student
Guardian (590) visa holder for every child. On the other hand, the student guardian applicant
must have more than 21 years of age, and should be the parent or legal guardian for the student
being nominated.
Additionally, Student Guardian visa can allow its holder to stay in Australia for a period
same as that of the student visa holder or until when the child turns 18 years of age.2 Some of the
mandatory conditions of the student guardian visa are that Aysel:
 Must not work in Australia
 Can only be allowed to perform some work in Australia if her origin country has a
relationship with Australia.
 Must not undertake any formal course that can take more than three months.
 Must maintain enough health insurance in Australia
 Must maintain the criteria as an original 590 visa applicant.
1 "Student Guardian Visa (Subclass 590)". 2017. Border.Gov.Au. http://www.border.gov.au/Trav/Visa-1/590-.
2 Ibid

AUSTRALIA VISA SYSTEM TASK 2 3
 Is allowed to apply for a protection visa or for another student visa while in Australia and
to offer the student with accommodation, general welfare, and support.
 Must not leave Australia without nominating the student, unless there is immigration
advice on the following issues:
o There are compelling reasons for that to happen,
o If the student being nominated is under 18, the alternative arrangement has been
approved by the nominating education student provider.
Some of the requirements for this visa include are such that: First, one has to be a parent
or a person who has custody of the student. Other than that, the law also allows a relative who
has 21 years of age and above who has been nominated to in writing by the parent or a person
who has the custody of the student. Second, the holder should not bring a child with less than six
years except under certain situations.3 Lastly, the applicant must be able to provide
accommodation and other support to the student unless the government of the home country is
helping with the application.
Orphan Relative Visa (subclass 837).
For Hassan to be able to sponsor Malek as his niece after the death of her mother, he will
have to apply for an Orphan Relative visa (subclass 837). Orphan Relative visa (subclass 837) is
used to help a child, who has lost his or her parents through death, permanent incapacitation or
unknown whereabouts. It enables a guardian to acquire permanent residency for such a child.
The requirements for this visa are that the child must:
 Be in Australia when applying for the visa
 Be younger than 18 years.
3 "Student visas and the immigration debate." Education Journal no. 166 (June 7, 2013): 20. Professional
Development Collection, EBSCOhost (accessed September 4, 2017).

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 Sponsored by aunt, brother, grandparent, uncle or even step-equivalent of the child who
is an Australian permanent resident, a qualified New Zealand citizen or an Australian
citizen.
 Not married or in de-facto relationship.
 Be orphan or parents are not able to take care.
 Have good moral conduct and meet health requirements.
Some of the privileges of the Orphan Relative visa (837) are that: First, it enables a child to
permanently stay in Australia. Second, it allows an orphan to work and get enrolled in studies.
Third, it allows enrollment in Medicare, which is an Australian scheme for health-related care
and expenses. Fourth, it enables one to apply for citizenship if he or she meets certain
prerequisites. Fifth, it allows the applicant to move into and out of Australia for five years
starting on the day the visa was awarded.4 Lastly, it allows one to sponsor his or her relatives for
permanent residency.
On the other hand, if the Orphan Relative visa (837) is granted, the sponsor must provide
support for the child. Such support may include accommodation and financial assistance required
to satisfy the practical needs of the child during the 2 years after the visa has been granted. Other
than that, the child as an applicant must lodge a complete application that includes all the forms,
application charges, and the supporting documentation.
The application process involves filing the application forms and lodging the application.
When applying for the visa, the applicant will need to cater for other expenses for example,
health assessment expenses, certificates from the police or other tests or certificates. The
applicant is liable for making the needed arrangements.
4 "Student visas and the immigration debate." Education Journal no. 166 (June 7, 2013): 20. Professional
Development Collection, EBSCOhost (accessed September 4, 2017).

AUSTRALIA VISA SYSTEM TASK 2 5
Orphan Relative Visa (117).
If Hassan may fail to succeed in applying for Orphan Relative visa (837), the other
alternative will be for him to use Malek to apply for Orphan Relative visa (117). He can do this
by letting Malek to stay out of Australia for him to apply for Orphan Relative visa (117).
Furthermore, an Orphan Relative visa (subclass 117) allows any family member who also
possesses the same visa to transfer and live in Australia forever, study and work in Australia,
qualify for Medicare benefits, apply for Australian citizenship, and become a promoter to an
eligible relatives for permanent residence.5 Also it allows the holder to move from and to
Australia for five years from when the visa was settled. The conditions for this visa must be that
the child:
 Apply for visa from outside Australia
 Must be below 18 years of age
 Get sponsored by a relative who may be his or her brother, grandparent, uncle, step-
equivalent or aunt of the child. The guardian must have more than 18 years, an Australian
permanent resident, be an Australian citizen or a qualified citizen from New Zealand.
 Must be unmarried or in a genuine relationship.
 Meet character and health conditions, and
 Be in the state where their biological parents are not in a position to take care of them.
Moreover, for such a child to be in a position to qualify for Orphan Relative visa (117), the
parent must have died, unable to provide care for the child or are missing and cannot be found.
On the other hand, a child may not be legible to apply if their parents refused to care for the child
but are capable to provide care. However, if the parents are nowhere to be found, the applicant
5 Mackey, Emma. 2011. "Overlook sponsorship compliance at your peril!." Keeping Good Companies (14447614)
63, no. 10: 619-622. Business Source Complete.

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must show how long they have been missing and what has been done in trying to allocate them.
Other than that, the application must be in the interest of the child.
Besides, the law also requires the pledge of support. The declaration of support may be
required for the child because some of the welfare expenses of certain migrants are not accepted
by the Australian people. Further, the child also must satisfy the health standards required. The
guardian is not required to make any health examination until requested. The same is applicable
to any family member listed in the application, even if they are permanent, citizens, migrants or
not.
Moreover, if the child is has more than 16 years of age, he or she must satisfy the required
characters that may include: Firstly, they must be in a position to provide the certificate from the
police from every country they have been living in for the last one year or even during the past
ten years after they had turned sixteen years of age.6 It is not allowed to organize for police
certificates unless it is demanded. This condition applies to the child and to any other member of
his or her family included in the application, even if they are migrants or not. On the other hand,
they must not have any outstanding debts the government of Australia or have planned to repay
any unpaid debts they owed to the government.
Additionally, the applicant might be allowed to include his or her child in the visa
application. Every child that has been involved in the visa application needs to meet the
necessities, including family members. The applicant needs to have documentary evidence to the
authority. The children included as members have to demonstrate that they have met health and
character conditions.7 It required that the child must lodge their own application.
6 2005. "Work Permits and Visas." 101-106. Business Source Complete, EBSCOhost (accessed September 4, 2017).
7 "Student visas and the immigration debate." Education Journal no. 166 (June 7, 2013): 20. Professional
Development Collection, EBSCOhost (accessed September 4, 2017).

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Moreover, the child has to satisfy all the Australian regulations and all the visa rules. These
regulations may include entering in Australia by the set date, not being involved in marriage or
into a genuine relationship before arriving in Australia. The applicant must say in writing how
the circumstance change may shake the child’s aptness for visa, or the entitlement of the
applicant to sponsor the child.8 On the other hand, a sponsor is a person who makes the required
papers and lodges for the application.9 A child may be sponsored for the visa by an applicant if
the child’s relatives and the parents pass away, forever undermined or cannot be found. The
sponsor can have more than one child on the same form of application.
A person who qualifies to be a sponsor for this visa if he is the child’s relative and the
parents of the child are not alive, cannot be allocated or permanently incapacitated must
complete visa application forms. The sponsor must:
1. Bethe sister, grandparent, brother, step-equivalent, or uncle of the child.
2. Have 18 and above years of age
3. Has been living in Australia for a sensible period
4. Be an Australian permanent resident, a citizen or a qualified citizen of New Zealand
For parental responsibilities, the visa can be awarded only if the sponsor can show any the
following for a child who is under 18 years old:
 The laws of the home country of the kid allow removal of the child
 The sponsor has the written approval of every person who can lawfully decide where the
child resides.
 It is dependable with any Australian child order.
Additionally, as a sponsor relative you must show that:
8 2014. "Australia, VFS Global add three new visa application centres." Express Travel World 3. Hospitality &
Tourism Complete,
9 2005. "Work Permits and Visas." 101-106. Business Source Complete, EBSCOhost (accessed September 4, 2017).

AUSTRALIA VISA SYSTEM TASK 2 8
1. You are responsible for the expenses to the government of Australia for the child who is
living in Australia.
2. You are capable of providing accommodation and adequate financial assistance to meet
the reasonable living needs of the child for the first years of the child’s stay in Australia.
3. You are capable of helping the child to settle in Australia.
4. You are capable of supporting the child to attend any needed English language classes.10
Additionally, the sponsor must say in writing if the child’s situations change in a way that
could upset their suitability for acquiring visa, or your eligibility to sponsor the child.
Bibliography
"Australia, VFS Global add three new visa application centres." 2014. Express Travel World 3.
Hospitality & Tourism Complete,
10 Mackey, Emma. 2011. "Overlook sponsorship compliance at your peril!." Keeping Good Companies (14447614)
63, no. 10: 619-622. Business Source Complete.

AUSTRALIA VISA SYSTEM TASK 2 9
"Student Guardian Visa (Subclass 590)". 2017. Border.Gov.Au.
http://www.border.gov.au/Trav/Visa-1/590-.
"Student visas and the immigration debate." 2013. Education Journal no. 166: 20. Professional
Development Collection,
"Student visas and the immigration debate." Education Journal no. 166 (June 7, 2013): 20.
Professional Development Collection, EBSCOhost (accessed September 4, 2017).
"Work Permits and Visas." 2005. 101-106. Business Source Complete.
International Business, Times. 0009. "Australia Alters Student Visa Program." International
Business Times, 9. Regional Business News.
Mackey, Emma. 2011. "Overlook sponsorship compliance at your peril!." Keeping Good
Companies (14447614) 63, no. 10: 619-622. Business Source Complete, EBSCOhost
(accessed September 4, 2017).
Work Permits and Visas. (2005). 101-106.