This is one of the questions I hear most often from Iranian families living in the Gulf states: what pathway is open to a child who has spent years studying at an English-language school in Dubai and now wants to continue their education in Australia? In this piece, Dr Cyrus Ahmadi, Australian migration lawyer (MARA 0854826), sets out the legal framework for these cases step by step — from the Genuine Student criterion and Ministerial Direction No. 106 through to the welfare and guardianship arrangements required for an applicant under 18. What follows is a precise, fully referenced roadmap grounded in the Migration Regulations 1994 and official Department of Home Affairs sources.
The short answer
Yes. There is no restriction based on Iranian citizenship for an Australian Student visa (Subclass 500). The real requirements are: enrolment in a CRICOS-registered school course with a CoE; satisfying the Genuine Student criterion; financial capacity; OSHC health insurance; health and character requirements; and accepted welfare and guardianship arrangements for a person under 18 (either a Subclass 590 Student Guardian visa or a school-issued CAAW). For a registered school course an English language test is usually not required, and three years of schooling in Dubai is a positive piece of evidence in the file.
What the law says
To study in Australia for more than three months, an applicant must hold a Subclass 500 visa before the course begins; the programme is designed for people who are not Australian citizens or permanent residents. The Australian Government runs the student visa programme for people who are not Australian citizens or permanent residents, and anyone intending to undertake a course of more than three months must obtain a Subclass 500 visa before the course starts.
The heart of the assessment is the Genuine Student criterion. The genuine student criterion refers to clause 500.212 of Schedule 2 to the Regulations, which the primary applicant for a Subclass 500 visa must satisfy, while the genuine student dependent criterion (clause 500.312) applies to secondary applicants. How that criterion is assessed is set out in Ministerial Direction No. 106; the Direction commenced on 23 March 2024 and applies to Subclass 500 and Student Guardian visa applications lodged on or after that date, including cases remitted by a court or tribunal. A separate criterion governs the guardian visa: the genuine temporary entrant criterion at clause 590.215(a) of Schedule 2 to the Regulations, which the primary applicant for a Student Guardian visa must satisfy.
The Department of Home Affairs has stated the assessment framework plainly: the GS criterion focuses on assessing whether the student genuinely intends to study in Australia, taking into account factors such as the applicant’s circumstances, their immigration history and record of visa compliance, and any other relevant matter. A point many families are unaware of is that the criterion recognises that post-study pathways are available to those who are eligible — in other words, aspiring to a future in Australia is not, in itself, a weakness in the application.
The home-country factors are also precisely defined and — this is the key point for your situation — they extend to the country of residence: under “circumstances in the home country (or country of residence)”, matters assessed include the reasons for not studying in the applicant’s own country or region if a similar course is available there, the nature of the applicant’s personal ties to their home country, economic circumstances, military service commitments, and political and civil unrest in the home country. These factors are not automatic grounds for refusal; rather, they create an onus to explain and document: where there is political and civil unrest and military service commitments in the applicant’s home country that create a significant incentive to leave that country, the applicant should provide reasons and supporting evidence. There is no nationality-based exclusion anywhere in the Regulations or in Direction No. 106; the assessment is individual and holistic, and the decision-maker weighs the applicant’s circumstances as a whole, with Direction No. 106 instructing them not to apply its factors as a checklist.
Because the applicant is a child, paragraph 5 of Direction No. 106 expressly brings the intentions and plans of the parent or legal guardian into the assessment; for that reason the case narrative must address both the student’s study intentions and the family’s plan at the same time.
Key requirements for a student under 18
| Requirement | What must be provided |
|---|---|
| Enrolment and CoE | Acceptance into a CRICOS-registered school course and provision of a Confirmation of Enrolment; the Department of Home Affairs states that applicants must provide a CoE for all intended courses at the time of lodgement, unless a specific exemption applies, and an application lodged without a required CoE may be invalid. |
| Genuine Student criterion (500.212) | Answers to the GS questions in the application form, together with supporting evidence; responses must be in English and no more than 150 words per question, and alongside the form responses, supporting documents must be attached in ImmiAccount. |
| English language | A test is usually not required; one of the exemption categories is where the applicant is enrolled in a principal course of study that is a registered school course. The Document Checklist Tool refers to the “Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas)” instrument for the detail. |
| Financial capacity | Evidence of genuine access to funds for tuition, living costs and travel; if you are required to provide evidence, or if you fall within an exemption category, you must provide the appropriate evidence — and we determine the level of evidence required using the Document Checklist Tool, based on the education provider and passport country. |
| Health insurance | Valid OSHC for the entire period of stay; it is a condition of the visa that adequate health insurance be maintained for visa holders for the whole of their stay in Australia. |
| Health and character | Medical examinations with a HAP ID, and police certificates if requested; the applicant generates a HAP ID and medical request letter from their ImmiAccount and takes it to a panel clinic. |
| Parental consent | Form 1229 (Consent to grant an Australian visa to a child under the age of 18 years) or a statutory declaration of consent from each parent/legal guardian, and, where consent from both is not available, evidence of sole custody — together with evidence of adequate welfare arrangements. |
| Welfare and guardianship arrangements | Either a parent/legal guardian/relative aged over 21 accompanies the student on a Student Guardian visa, or the school confirms the welfare arrangements: provide evidence that a parent/legal guardian or relative aged over 21 is coming to Australia with you as the holder of a Student Guardian visa (Subclass 590) and attaches Form 157N to their application, or arrange for your education provider to approve your welfare arrangements by issuing a CAAW letter and notifying the Department of the start and end dates of those arrangements. |
Two practical points that are decisive in practice. First, the validity of the application itself depends on this evidence: item 1222(3)(d) provides that all students under 18 must, for the application to be valid, provide evidence of their intended welfare arrangements for the period of their stay in Australia, and this requirement applies whether the applicant is inside or outside Australia. Second, the timing of arrival: welfare arrangements must be in place until the age of 18, even if that period begins before the course starts, and the student must not enter Australia before the welfare arrangements commence; this is a visa condition and breaching conditions can lead to visa cancellation. That obligation is locked in by the visa condition itself: condition 8532 requires international students under 18 to maintain adequate welfare arrangements for the whole of their stay in Australia.
If the family chooses to have a parent accompany the student, the pathway is the Subclass 590 visa: this visa lets you stay in Australia for up to five years to support a child who holds a student visa. The basic requirements, as set out in the Department’s guidance, are: the applicant must be the student’s parent, legal guardian or relative, have enough money to support themselves and the student for the duration of the stay, be able to provide accommodation and other support, and be at least 21 years of age. In addition, generally only one Student Guardian visa holder is permitted for each student visa holder, and the period of stay matches the student’s visa or lasts until the student turns 18. We always check fees and processing times against the current visa pricing estimator and processing times guide on the day.
What this means for you
In Dr Cyrus Ahmadi’s words, your daughter’s application will be judged not by her nationality but by the quality of the evidence — and the reality of your life in the UAE is a legal asset, not an ambiguity. Because the GS criterion expressly assesses the “home country or country of residence”, three years of continuous study at an English-language school in Dubai, the family’s residence and employment, and the child’s educational continuity are all documents that strengthen the “genuine student” narrative. Conversely, matters such as political unrest or military service obligations in the home country — the latter simply not being in issue for a schoolgirl — must be answered with explanation and evidence, not with silence. Dr Ahmadi’s experience as a registered migration lawyer (MARA 0854826) shows that the successful cases in this category are the ones that close three layers simultaneously from the outset: selecting a CRICOS-registered school and aligning the year level with the student’s age; a transparent, traceable financial architecture; and settling the welfare arrangements before lodgement — whether through a 590 visa for the mother or father, or a CAAW letter from the school. Remember too that school admission and the visa are two separate assessments; an English test exemption for visa purposes does not remove the school’s own language standards. With the right planning, this is an entirely buildable case.
Sources
- Genuine Student requirement — Department of Home Affairs (reviewed: September 2026): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/genuine-student-requirement
- Direction No. 106 — Assessing the genuine entry and stay requirements for Student visa and Student Guardian visa applications (in force from 23 March 2024): https://immi.homeaffairs.gov.au/Visa-subsite/files/direction-no-106.pdf
- Welfare and custody arrangements for students under 18 — Department of Home Affairs (updated 2026): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/welfare-arrangements-students-under-18
- Welfare arrangements for students under 18 (Department of Home Affairs archived version): https://archive.homeaffairs.gov.au/trav/stud/more/welfare-arrangements-under18
- Subclass 590 Student Guardian visa — Department of Home Affairs (reviewed: 2026): https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590
- Student Guardian visa (subclass 590) — Department of Home Affairs archived version (basic requirements; check fees and processing times with the current tools): https://archive.homeaffairs.gov.au/trav/visa-1/590-
- Document Checklist Tool — Department of Home Affairs (reviewed: September 2026): https://immi.homeaffairs.gov.au/visas/web-evidentiary-tool
- Student Guardian Visa Application Checklist – Subclass 590 (Australian Consulate-General, Ho Chi Minh City): https://hcmc.vietnam.embassy.gov.au/files/hchi/590%20Guardian%20Visa%20Application%20Checklist%2006.10.2020.pdf
- Student visa (subclass 500) — Study Australia (Australian Government): https://www.studyaustralia.gov.au/en/plan-your-move/your-guide-to-visas/student-visa-subclass-500
- Standard 5 — National Code 2018 Factsheet (condition 8532), Department of Education: https://internationaleducation.gov.au/regulatory-information/Documents/National%20Code%202018%20Factsheets/Standard%205.pdf
- Student Visa Processing Guides (Department of Home Affairs FOI-released document): https://www.homeaffairs.gov.au/foi/files/2018/fa180501125-document-released.pdf
- Genuine Student Requirement Australia: How GS Is Assessed (legal analysis, October 2026): https://www.racc.net.au/single-post/genuine-student-gs-requirement-how-home-affairs-assesses-your-student-visa
- Study in Australia Checklist (referring to the Department’s CoE requirement, 2026): https://eduaid.net/study-in-australia-checklist/
Let’s build your daughter’s case calmly and on solid legal ground
If your daughter is sitting in an English-language classroom in Dubai today, you are not starting from zero: three years of school reports, the family’s residence and her educational continuity are capital that can be converted into a strong GS case. In a consultation with Dr Cyrus Ahmadi, Australian migration lawyer (MARA 0854826), we will align your child’s age and year level with the CRICOS school calendar, weigh the 590 visa option for you to accompany her against the school CAAW pathway, map out the financial and welfare evidence before lodgement, and write the Genuine Student narrative with evidence rather than guesswork. Before you pay a single tuition instalment, one hour of careful planning can be the difference between a granted visa and an incomplete application — book your consultation today.
Frequently asked questions
Does Iranian citizenship prevent the grant of an Australian student visa?
No. There is no nationality-based exclusion in the Migration Regulations or in Ministerial Direction No. 106. The assessment is individual and holistic; the decision-maker weighs the applicant’s circumstances as a whole, and Direction No. 106 stresses that its factors must not be applied as a checklist.
How does three years at an English-language school in Dubai affect the application?
It helps. The Genuine Student criterion assesses the circumstances of the “home country or country of residence”, so the family’s residence and continuous study in the UAE are evidence of an unbroken educational pathway and of the applicant’s genuine ties. In addition, for a registered school course an English language test is usually not required for the visa.
Does my daughter need to sit IELTS for the student visa?
According to the Department’s Document Checklist Tool, one of the exemption categories from providing English language evidence is where the applicant is enrolled in a principal course of study that is a registered school course. That exemption relates to the visa and does not displace the school’s own admission and language assessment standards.
What guardianship arrangements are required for a student under 18?
There are two accepted pathways: a parent, legal guardian or relative aged over 21 accompanies the student on a Student Guardian visa (Subclass 590), with Form 157N attached; or the education provider approves the welfare arrangements and issues a CAAW letter. The arrangements must remain in place until the student turns 18, and the student must not enter Australia before they commence (condition 8532).
As a mother or father, can I stay in Australia with my child?
Yes, through the Subclass 590 visa, which allows a stay of up to five years to support a child who holds a student visa. The applicant must be the student’s parent, legal guardian or relative, be at least 21 years of age, have sufficient funds, and be able to provide accommodation and support; generally only one guardian is permitted per student.
How are political unrest or military service in the home country handled?
These are among the listed GS assessment factors and they do not create an automatic refusal. The Department makes clear that in such circumstances the applicant should provide reasons and supporting evidence — the answer is a documented, coherent response within the case narrative, not avoidance.
What documents form the core of a school student’s Subclass 500 application?
Acceptance into a CRICOS-registered school course and the CoE; GS responses with supporting evidence (maximum 150 words per question, in English); evidence of financial capacity; OSHC for the whole period of stay; health examinations and character documents; parental consent (Form 1229 or a statutory declaration); and evidence of welfare arrangements.
This answer reflects the law and policy as verified on October 8, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.