Guardianship in Australia

Guardianship in Australia

Australia is one of the best countries to study for international students. Every year, about 900,000 students, including minors, get a student visa. In Australia, the age of majority is 18. It means that international students under 18 years old are minors and must have adequate welfare arrangements to obtain the visa. Hence, minor international students need to learn more about guardianship in Australia.In case, if you prefer to study in Australia as international student and you are below 18 years old on a moment of application for a study visa, you must have an Australian Guardian. Australian Immigration Department asks Guardian Embassy letter together with other documents for any minor students, who prefer to study in Australia.

Guardianship in Australia Application

Minor international students and their parents who need to arrange guardianship in Australia ought to know what Form 157N (Student Guardianship Arrangements) is. International students who apply for a student visa or hold a student visa must complete this form in the following situations.

1. Minor international students are under the age of 18 and want to live with their parents or a relative during their study in Australia.
2. They are under the age of 18 at the time of submitting their student visa application and intend to arrive in Australia after they turn 18.
3. International students want to nominate a person who applies for a Student Guardian visa to accompany them to Australia.
4. Minor international students want to notify the Department of Home Affairs about the changes in guardianship in Australia.

It should be noted that a separate form 157N must be completed for each minor student who nominates the same person as a guardian. Moreover, the parents, guardians, and international students ought to carefully read the information in the form before its completion. To avoid any delays, they should keep a 157N copy for their records.

To get additional documents and clarify information about guardianship in Australia, the Department of Home Affairs may use various means of communication with minor students and guardians. Nevertheless, electronic means such as fax or email are used if applicants indicate their agreement to receiving communication this way.

Overview of Guardianship in Australia

It is worth discussing two situations. The first situation is when international students turn 18 years old before they arrive in Australia. Then, they do not need to arrange guardianship in Australia. Still, international students ought to complete several steps.

1. They must fill out questions 1 to 8 in Form 157N.
2. Parents or legal custodians of international students need to sign the form.
3. International students should attach Form 157N to their student visa application.

The second situation is when international students will be under 18 years old during their study in Australia. Then, they have four options.

1. International students can nominate a student guardianship in Australia. It can be a parent, legal custodian or relative over 21 years of age. The guardian must have a visa to stay in the country for the duration of the study program or until the student turns 18. If the nominated guardian is applying for a student guardian visa (subclass 590), student and guardian visa applications must be attached to a completed Form 157N.

When minor international students are going to be in the care of a relative in Australia, they need to provide evidence of their relationship, a police clearance, and evidence that the relative has the right to stay in Australia. According to the Department of Home Affairs, a relative is defined as a parent, stepparent, de facto partner, spouse, child, stepchild, brother, sister, stepbrother, stepsister, grandparent, step-grandparent, grandchild, step-grandchild, aunt, step-aunt, uncle, step-uncle, niece, step-niece nephew, or step-nephew of the applicant.

1. International students can ensure guardianship in Australia under a Confirmation of Appropriate Accommodation and Welfare (CAAW). The education provider issues a CAAW through PRISMS and sets the start and end date of the welfare arrangements. PRISMS is a computer system developed by the Department of Education and the Department of Home Affairs to receive and store information about accepted international students. Education providers also use the system to create a Confirmation of Enrolment for minor international students.

In other words, minor international students can live without a parent or guardian in Australia if the educational institution agrees to organize accommodation for the students. To get the student visa, the school must find the students the accommodation provider that satisfies the requirements of the Department of Home Affairs. The officer in charge ought to see proof that international students have a safe place to stay for the duration of their studies or until they turn 18. As a rule, educational institutions have a list of approved providers, such as homestay or managed student accommodation.

1. To arrange guardianship in Australia, secondary exchange students need to attach an Acceptance Advice of Secondary Exchange Student (AASES) form and a signed copy of the CAAW to the student visa application.
2. Foreign Affairs or Defense students ought to organize their guardianship by the relevant Minister.

Minimum Length of Guardianship in Australia

Once the education provider approves guardianship in Australia of international students, the minimum period on the CAAW letter must be the same time as the Confirmation of Enrolment plus seven days at the end of the study program. It is also recommended to start the guardianship at least a week before the study program begins.

Minor international students do not have a right to enter Australia before guardianship in Australia starts. It is an obligatory condition of the student visa. If international students breach visa conditions, the Department of Immigration and Border Protection might cancel the visa.

Guardianship in Australia Under More Than One Provider

International students who are enrolled in two or more courses with more than one provider must show the officer in charge that they have organized continuous guardianship in Australia. It means that the education providers who approve welfare arrangements of minor international students must ensure there is no welfare gap on the dates the guardians are nominated.

Student Visa Applications Made in Australia

Minor international students who apply for a student visa while they are in the country must show they have arranged guardianship in Australia. Furthermore, all information in the application ought to be valid. Guardianship must start the day after the minor’s current visa expires or on the date they submit the new student visa application.

Alternative Guardianship in Australia

Minor international students do not have a right to change guardianship in Australia without the written approval of the education provider and the Department of Home Affairs.

If guardians of international students need to leave the country, they must make alternative guardianship in Australia. Moreover, they ought to provide the following evidence.

1. There is a convincing reason for their travel.
2. They have made alternative guardianship in Australia for minors’ accommodation, general welfare, and care until they return.

Except in limited situations, the nominated person must be a student’s parent or relative aged 21 years or over. To nominate the other student guardian, the current guardian must follow several steps before they leave the country.

1. They need to get the CAAW letter from the education provider. It ought to outline the start and end dates of the alternative guardianship in Australia.
2. The current guardian should submit Form 157N, the CAAW letter, and other required documents to the Department of Home Affairs.

If the guardian has a Student Guardian visa, the officer in charge will inform them if the department approves the alternative guardianship in Australia. The guardian cannot leave the country without the minor international student if they do not arrange suitable welfare arrangements for them. If the guardian does not maintain adequate alternative guardianship in Australia, the officer in charge can cancel the student visa and student guardian’s visa.

The End of the Guardianship in Australia

Turning 18 in Australia means minor international students are officially considered adults by law. They no longer need parental permission and guardian in Australia. It also means they are more responsible for their actions and must stick to Australian law. Still, student visa conditions do not change when international students turn 18. They must continue to follow all the academic guidelines set by their education provider.

 

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