On 2 October 2026 the Migration Amendment (Student Visa Reform) Regulations 2026 commenced. They change who can lodge a Student visa or Student Guardian visa while in Australia, and whether family members can be included. The rules apply to every application made on or after that date.
This guide sets out each rule, each exemption, and what the change means in six common situations. It is written from the Regulations as summarised by the Migration Institute of Australia, the three legislative instruments made with them, and the Department of Home Affairs factsheet published with the change.
The short version
- Most temporary visa holders in Australia can no longer lodge a Student visa application onshore. An application lodged onshore by one of those holders is invalid.
- A current Student visa holder who wants a further Student visa must apply from outside Australia, and be outside Australia at grant, unless an exemption applies.
- Family members can no longer be included in a Student visa application unless an exemption applies.
- Nobody can add a family member to a Student visa after it is granted. There are no exemptions to that rule.
- Applications lodged before 2 October 2026, including those with family members, are assessed under the old rules.
Rule one: most temporary visa holders must apply from outside Australia
A legislative instrument, LIN 26/102, lists the visas whose holders must be outside Australia to lodge a valid Student visa or Student Guardian visa application. On 2 October 2026 the list grew by seven subclasses.
| Newly added on 2 October 2026 | Already on the list |
|---|---|
| Short Stay Specialist (subclass 400) | Temporary Graduate (subclass 485) |
| Training (subclass 407) | Visitor (subclass 600) |
| Temporary Activity (subclass 408) | Electronic Travel Authority (subclass 601) |
| Working Holiday (subclass 417) | Medical Treatment (subclass 602) |
| Temporary Work (Skilled) (subclass 457) | eVisitor (subclass 651) |
| Work and Holiday (subclass 462) | Transit (subclass 771) |
| Skills in Demand and Temporary Skill Shortage (subclass 482) | Maritime Crew (subclass 988), Diplomatic (subclass 995) primary holders, and the Domestic Worker stream of the subclass 403 |
The practical effect is large. A backpacker, a sponsored worker on a 482, a graduate on a 485 or a visitor can no longer move onto a student visa without leaving Australia. The Department’s own words are that an onshore application by a holder of these visas will be invalid.
Rule two: current students need an exemption to apply onshore
A person who holds a Student visa, as the primary holder or as a family member, and who wants a further Student visa as a primary applicant must now apply from outside Australia. In addition, clause 500.411 requires the applicant to be outside Australia when the visa is granted.
The Regulations and a second instrument, LIN 26/087, list the exemptions. A current Student visa holder may still apply in Australia if they are one of the following.
| Exemption | What it requires |
|---|---|
| Completion of studies | The applicant has started the principal course on the current visa, has not finished it, and will finish within 12 months of the end date on the confirmation of enrolment, with the same provider |
| Course progression | The applicant has completed the principal course and is enrolled in no more than one further course. If the completed course had an AQF level, the next course must be at a higher level. A higher education course must be followed by a higher education course at a higher education provider. A course with no AQF level must be followed by one that has a level, unless the applicant was a school student |
| Provider default | The provider defaulted while the applicant was enrolled, the applicant needs a further visa for an alternative course, applies within 12 months of the default, and has not applied before on the same default. Default now includes sanctions on the provider and suspension or cancellation of its registration |
| Doctoral students | Enrolled in a course leading to a doctoral degree |
| School students, Defence students and Foreign Affairs students | Exempt under the Regulations themselves |
Current Student Guardian visa holders are not affected by this rule. They can still lodge a further Student Guardian visa onshore.
Rule three: family members only in limited cases
A family member can now be included as a secondary applicant only where one of the following applies.
- The primary applicant is a Defence student or a Foreign Affairs student.
- The primary applicant holds a passport from a Pacific regional country or an ASEAN member country listed in the Regulations.
- The primary applicant is enrolled in a doctoral degree.
- The primary applicant’s course or courses are fully funded by a foreign government scholarship.
- The primary applicant qualifies under the provider default or completion of studies exemptions above.
- The family member was in Australia and already held a Student visa as a family member on 2 October 2026, or had applied for one before that date and was later granted it.
- The family member is a child born in Australia after 2 October 2026 to a primary applicant who held or had applied for a Student visa on that date.
Family members who qualify must apply at the same time and place as the primary applicant, in a combined application. Therefore, if the primary applicant has to apply from outside Australia, the family members must be outside Australia too.
Rule four: no adding family after grant
The subsequent entrant pathway has been removed. A Student visa holder can no longer apply to add a partner or child after the visa is granted. The Department’s factsheet states there are no exemptions to this rule.
Rule five: the 28 day pathway is gone
Until 2 October, a person whose Student visa had ceased in the previous 28 days could still apply onshore for a further Student visa. That pathway no longer exists. A narrow replacement remains for a person whose Student visa cancellation was set aside by the Administrative Review Tribunal after the visa had ceased. That person must apply within 28 days of the Tribunal’s decision and must not have previously been granted a visa on an application made without a substantive visa.
What is not affected
- A Student visa already held. The changes do not alter current visas or their conditions.
- Applications lodged before 2 October 2026. They are assessed under the rules in force when lodged, including any family members in them.
- First Student visa applications lodged from outside Australia.
Six situations
A 482 worker who wants to study instead
He has lost his sponsor and hoped to switch to a student visa to stay. Since 2 October, a 482 holder cannot lodge a valid Student visa application in Australia. He would need to leave, apply offshore, and be offshore at grant. The 180 day rule after leaving a sponsor is now the more important clock.
A working holiday maker whose second year is ending
She planned a diploma to stay another two years. A 417 holder is now on the offshore list. The onshore student pathway is closed to her. Our article on the working holiday ballot covers the other changes to that visa.
A student finishing a bachelor degree who wants a masters
This is the course progression exemption. One further course, at a higher AQF level, higher education to higher education. She can apply in Australia. If she wanted a second bachelor degree instead, she could not.
A student who needs six more months to finish
The completion of studies exemption applies if he has started the principal course, will finish within 12 months of the enrolment end date, and stays with the same provider. He can apply onshore.
A student whose partner is overseas and has not applied
Unless an exemption applies, the partner cannot be included in a further Student visa application and cannot be added later. The exemptions turn on the student’s course and nationality, not on the relationship. For some couples the partner visa becomes the only route, and only where the sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen.
A student whose partner was already on her visa on 2 October
Her partner held a Student visa as a family member on 2 October 2026. He can be included in her next application, provided they apply together in the same place.
What to do now
- Check which visa you hold today. If it is on the offshore list, do not lodge a Student visa in Australia. The application will be invalid and the charge will not help you.
- If you are a current student planning a further visa, match your plan to one exemption exactly. Course level, provider and timing all matter.
- If you have family overseas who were going to join you, get advice before paying for a course. The exemptions are narrow.
- If your application was lodged before 2 October, it is assessed under the old rules. Do not withdraw it to relodge.
Our article on the genuine student test and financial evidence covers the rest of a student visa application.
Frequently asked questions
When did the student visa changes start?
On 2 October 2026. They apply to applications made on or after that date.
Can a 482 or working holiday visa holder apply for a student visa in Australia?
No. Both subclasses were added to the list of visas whose holders must apply from outside Australia. An onshore application is invalid.
Can a current student apply for another student visa in Australia?
Only under an exemption, such as course progression to a higher level, completing the current course within 12 months, provider default, a doctoral degree, school studies, or Defence and Foreign Affairs sponsorship.
Can I add my partner to my student visa later?
No. The subsequent entrant pathway has been removed and there are no exemptions.
What happens to an application lodged before 2 October 2026?
It is assessed under the rules in force when it was lodged, including any family members included in it.
Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.
Sources: Migration Amendment (Student Visa Reform) Regulations 2026; LIN 26/102; LIN 26/087 amending LIN 20/158; MIA Notices 21 and 22 of October 2026; Department of Home Affairs, Changes to Student visa application rules factsheet, read 25 October 2026.
Not sure which rule applies to you?
The difference between a valid and an invalid application is now the visa you hold today. We can check in one consultation. Call 03 8108 8748 or email info@skylinemigrationlawyers.com.au.
This article is general information only. It is not legal advice. Please seek advice about your own circumstances before you act.
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