By A2MS | Migration guidance reviewed by Sunil Choudhary, Registered Migration Agent | MARN 2418425
Australia introduced significant changes to the Student visa (subclass 500) rules from 2 October 2026.
For many temporary visa holders and people who already hold a Student visa, the changes affect whether a further Student visa application can be made while in Australia or must be lodged from outside Australia. The changes also substantially narrow the circumstances in which family members can apply as secondary applicants.
The new rules do not mean that every Student visa holder who needs another Student visa must leave Australia. Specific exceptions may allow certain students to make a further Student visa application while in Australia.
What changed on 2 October 2026?
The Migration Amendment (Student Visa Reform) Regulations 2026 introduced new requirements concerning where certain Student visa applications can be made and, in relevant cases, where an applicant must be when the visa is granted. The reforms are intended to strengthen the integrity of the Student visa program and reduce the use of successive temporary visas to prolong a person’s stay in Australia.
Broadly, the changes affect certain temporary visa holders who want to apply for a Student visa while in Australia, existing Student visa holders seeking a further Student visa, and family members applying as secondary applicants.
Which temporary visa holders generally cannot apply for a Student visa onshore?
A legislative instrument specifies temporary visa holders who, if they are in Australia, must be outside Australia to make a valid Subclass 500 Student visa or Subclass 590 Student Guardian visa application.
The specified visa subclasses include 400, 407, 408, 417, 457, 462, 482 (Skills in Demand), 482 (Temporary Skill Shortage), 485, 600, 601, 602, 651, 771 and 988. There are also specified circumstances involving Subclass 403 and Subclass 995 visa holders.
Temporary visa holders considering study should check their visa position before enrolling or assuming they can lodge a Student visa application in Australia. For broader information about studying in Australia, see A2MS Study in Australia.
What if you already hold a Student visa?
As a general rule, a person who already holds a Student visa and is seeking another Student visa as the primary applicant must now apply from outside Australia unless an applicable exception applies.
Important exceptions include certain Defence students, Foreign Affairs students and school students, as well as specified classes covering doctoral students, provider default, completion of studies and course progression.
Completion-of-studies exception
A current Student visa holder may fall within the completion-of-studies class where, among other requirements, they have commenced the principal course for which their current visa was granted—or an eligible alternative principal course with the same provider—have not completed it, and will complete that principal course within 12 months of the end date specified in the Confirmation of Enrolment.
Course-progression exception
There is also a specific exception for certain students progressing from one course to a further course. This is not a general exemption allowing unlimited additional study onshore. Students planning another qualification should check whether their proposed study meets the course-progression requirements before assuming they can lodge another Student visa application in Australia.
Doctoral students
A person seeking to satisfy the primary Student visa criteria who, at the time of application, is enrolled in a course leading to the award of a doctoral degree is one of the specified classes.
Provider default
There is also an exception for students unable to complete a registered course because of provider default. The instrument includes detailed conditions, including a 12-month application period after the provider-default day and restrictions on relying more than once on the same provider default.
Family-member Student visa applications are now much more restricted
The reforms also make significant changes for spouses, partners and dependent children seeking Student visas as secondary applicants. Eligible secondary applicants are now generally required to apply at the same time and in the same place as the primary applicant, subject to specific exceptions and transitional circumstances.
There are provisions relating to certain Defence and Foreign Affairs students, specified Pacific/ASEAN passport holders, certain existing secondary Student visa holders/applicants, children born in Australia in specified circumstances, and classes prescribed by legislative instrument. The separate instrument also specifies certain family members of foreign-government scholarship recipients, doctoral students, students affected by provider default and students requiring a further visa to complete their principal course.
Because these provisions are highly circumstance-dependent, families should not assume that a family member can simply be added later.
If you have to apply offshore, your location at visa grant also matters
Where the amended rules require an applicant to make their Student visa application from outside Australia, the regulations also require the applicant to be outside Australia when the visa is granted.
What about applications lodged before 2 October 2026?
The reforms commenced on 2 October 2026. The new location-related Schedule 1 requirements apply to new applications from commencement. Students with an application already underway should consider their particular application and circumstances rather than assuming the new lodgement rules automatically apply to them in the same way.
What should students do now?
The practical message is not simply “you must leave Australia”. Your current visa, current course, proposed further study, family circumstances and location when applying can now be critical to whether a valid Student visa application can be made in Australia.
Students should check their position particularly carefully before changing courses, enrolling in further study, paying substantial tuition fees or making travel arrangements. Enrolling in a course or receiving a Confirmation of Enrolment does not by itself establish that a person can make a valid Student visa application while in Australia.
The rules changed. The exceptions matter.
The Student visa reforms introduced from 2 October 2026 are significant, but the correct answer depends on the individual student’s circumstances.
Frequently Asked Questions about the Student visa changes
What changed from 2 October 2026?
From 2 October 2026, Australia introduced tighter rules affecting where some Student visa applications can be made, where certain applicants must be when the visa is granted, and how family members can apply as secondary applicants.
I already hold a Student visa. Can I apply for another Student visa while I am in Australia?
Generally, a current Student visa holder applying for a further Student visa as the primary applicant must apply from outside Australia unless an applicable exception applies. Exceptions include certain Defence students, Foreign Affairs students and school students, as well as specified classes covering doctoral students, provider default, completion of studies and course progression.
Who may still be able to apply for a further Student visa onshore?
Specified exceptions include certain doctoral students, students affected by provider default, students who need a further Student visa to complete their current principal course, and students who meet the course-progression requirements. Whether an exception applies depends on the detailed requirements and the applicant’s circumstances.
What is the 12-month completion-of-studies exception?
A current Student visa holder may fall within this exception where, among other requirements, they have commenced the relevant principal course, have not completed it, and will complete it within 12 months of the end date specified in the Confirmation of Enrolment for that principal course. The rules also allow an eligible alternative principal course with the same provider where the relevant requirements are met.
What if I changed education providers?
The completion-of-studies exception does not generally extend to a principal course transferred to a new education provider. The explanatory material distinguishes an eligible alternative principal course with the same provider from a transfer to a principal course with a new provider. Students who have changed providers should therefore check their position carefully before relying on the completion exception.
What does course progression mean?
The legislation contains a specific course-progression exception rather than a general right to undertake unlimited further study onshore. Where the completed principal course has an Australian Qualifications Framework (AQF) level, the further course must generally be at a higher AQF level. Where the completed principal course is a higher-education course, additional requirements apply to the further course and provider.
What if my completed course did not have an AQF level?
The course-progression rules also address certain pathways involving courses without an AQF level. This can include progression from a completed non-AQF course to a course with an AQF level, and specified progression following school studies. The exact pathway should be checked against the requirements in the instrument.
What if my education provider closed or defaulted?
There is a specific provider-default exception. It can apply where a student was unable to complete a registered course because of provider default and needs a further Student visa to complete an alternative course or courses. The instrument includes additional conditions, including a 12-month application period after the provider-default day and restrictions on relying more than once on the same provider default.
Are doctoral students treated differently?
Yes. A person seeking to satisfy the primary Student visa criteria who, at the time of application, is enrolled in a course leading to the award of a doctoral degree is one of the specified classes that may be able to apply while in Australia, subject to the other applicable Student visa requirements.
Do the new rules affect people who hold visas other than Student visas?
Yes. A separate legislative instrument specifies temporary visa holders who, if in Australia, generally cannot make a valid Subclass 500 Student visa or Subclass 590 Student Guardian visa application. The specified subclasses include 400, 407, 408, 417, 457, 462, 482 (Skills in Demand), 482 (Temporary Skill Shortage), 485, 600, 601, 602, 651, 771 and 988. Certain Subclass 403 and Subclass 995 visa holders are also covered in specified circumstances.
Can a Temporary Graduate visa (subclass 485) holder apply for a Student visa while in Australia?
Subclass 485 is one of the specified visa subclasses affected by the offshore application requirement. A Subclass 485 visa holder should therefore not assume that obtaining enrolment or a Confirmation of Enrolment will allow them to make a valid Student visa application while remaining in Australia.
Can a Visitor visa holder apply for a Student visa while in Australia?
Visitor visa subclasses 600, 601 and 651 are among the specified classes affected by the offshore application requirement. A person holding one of these visas should check their circumstances before assuming they can make a valid Student visa application in Australia.
If I must apply offshore, can I be in Australia when the Student visa is granted?
Generally, no. Where the amended rules require the Student visa application to be made while the applicant is outside Australia, the regulations also require the applicant to be outside Australia when the visa is granted.
Can I still include my partner or children in my Student visa application?
Only in specified circumstances. The reforms significantly restrict secondary-applicant arrangements. Relevant provisions include certain Defence and Foreign Affairs students, specified Pacific or ASEAN passport holders, transitional circumstances and prescribed classes of family members. Eligibility depends on the primary applicant’s and family member’s circumstances.
Can I add my partner or children later as subsequent entrants?
The new framework substantially restricts the previous ability for family members to make later Student visa applications as secondary applicants. Where a family member is eligible, the rules generally require the secondary applicant to apply at the same time and in the same place as the primary applicant, subject to specified exceptions and transitional provisions.
What happens if a family member has to apply offshore?
Because eligible secondary applicants are generally required to apply at the same time and in the same place as the primary applicant, an offshore requirement affecting a family application can have consequences for where eligible family members need to apply. The outcome depends on the particular family circumstances and any applicable exception or transitional provision.
I lodged my Student visa application before 2 October 2026. Do the new rules apply to that application?
The amendments introduced by LIN 26/087 apply to visa applications made on or after the instrument commenced. The reform regulations also contain application provisions for the amended criteria. An application made before commencement should therefore be considered under the transitional provisions applicable to that existing application rather than treated as a new application made under the post-2 October framework.
Does meeting an onshore exception guarantee that my Student visa will be granted?
No. These exceptions concern whether a person may be able to make a valid Student visa application while in Australia. An applicant must still satisfy all other applicable Student visa requirements. Falling within an onshore application exception does not guarantee that a visa will be granted.
Does getting a Confirmation of Enrolment mean I can apply for a Student visa in Australia?
No. A Confirmation of Enrolment is relevant to a Student visa application, but it does not by itself establish that a person can make a valid Student visa application while in Australia. The person’s current visa, course history, proposed study, provider and any applicable exception can all be relevant.
Should I enrol in a new course or pay tuition before checking the visa rules?
Before making significant enrolment, tuition or travel decisions, consider whether the proposed pathway is compatible with the Student visa application rules that apply to your circumstances.
How can I find out which Student visa rule applies to me?
The answer can depend on your current visa, study history, proposed course, education provider, Confirmation of Enrolment dates, family circumstances and where you will be when applying. A2MS can review your circumstances and explain how the Student visa rules may apply to your situation.
Migration advice by Sunil Choudhary
Registered Migration Agent | MARN 2418425
Official sources
This article has been prepared with reference to the relevant Australian migration legislation and legislative instruments. Readers who wish to review the primary source material can access the official Federal Register of Legislation records below.
- Migration Amendment (Student Visa Reform) Regulations 2026 — the principal amending regulations, including the new application and visa-grant location framework.
- Explanatory Statement — Migration Amendment (Student Visa Reform) Regulations 2026 — explanatory material for the reforms.
- LIN 26/102 — Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 — specifies temporary visa classes affected by the offshore application requirement.
- LIN 26/087 — Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 — sets out specified classes and exceptions relevant to Student visa applications.
Source links above are to the official Australian Government Federal Register of Legislation. Legislation can be amended, so readers should check the current version when relying on legislative material.
Need advice about your circumstances?
A2MS — Aussie Academics & Migration Services provides Australian migration assistance from Adelaide, South Australia.
Migration advice by Sunil Choudhary
Registered Migration Agent | MARN 2418425
If you need advice about how the new Student visa rules apply to your circumstances, contact A2MS to discuss the appropriate next step.
Phone: +61 8 7094 8094
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This article provides general information only and is not a substitute for migration advice based on your individual circumstances. Migration law and policy can change.