On 17 September 2026 the Minister for Home Affairs announced a new rule for students who finish one course and start another. He summed it up simply. A student can go up the qualification scale, but only up.
This article explains the three situations the Minister separated, and what the rule means for a next course. For the other measures, see our guide to the 17 September migration overhaul.
Three situations, three answers
Students often treat every course change as the same thing. However, the Minister drew a clear line between three situations.
Extensions
Sometimes a student needs more time. For example, a serious illness may delay the course, or a provider may close. The Minister said this is unchanged.
Transfers
Sometimes the course is the wrong fit. A student may then move to another course at the same institution or the same level. The Minister said this will require an application for a new visa. As a result, the Department can test whether the change is genuine. He added that transfers like this are not the visa hopping problem.
Progression
Progression is what happens after a course ends. This is where the new rule applies.
The rule on progression
The Minister gave a simple example. A student who finishes a bachelor degree and starts a masters is moving up the scale. That remains open.
By contrast, moving down or sideways to extend a stay will not be open. The Minister described one pattern in particular. A student finishes a course and then moves to a cheaper provider that asks little about attendance. The student then works. In his words, that arrangement drives a migration outcome, not an educational outcome.
He said that model will come to an end.
Why the Government is doing this
The Minister placed this rule under the heading of visa hopping. He was careful to say that moving between visas is often the system working well. For instance, a student may study in a shortage area, move to a graduate visa, and then gain employer sponsorship. He described that path as the system at its best.
The target is different. It is the person who would never qualify for permanent residence and who moves from visa to visa to stay.
What we do not know yet
- The commencement date.
- How the instrument will define the qualification scale. The Australian Qualifications Framework is the likely reference, but that is not confirmed.
- How the rule treats a second course at the same level, such as a second masters.
- How the rule treats packaged courses that were approved in a single visa.
How to plan a next course
First, map the current course against the next one. If the next course sits higher on the scale, the announced rule does not stand in the way. If it sits at the same level or lower, the plan is at risk.
Second, remember that every new student visa application still faces the genuine student test. Therefore, the next course must make sense for the student’s study history and career. Our article on the genuine student test explains how the Department assesses this.
Third, consider whether study is still the right pathway. Some graduates already have the skills for a work visa. Our article on choosing a skilled visa sets out the main options.
Frequently asked questions
Can I still move from a bachelor degree to a masters?
Yes. The Minister gave that as his example of moving up the qualification scale, which remains open.
Can I change course if my current course is the wrong fit?
The Minister said a transfer at the same institution or level will require a new visa application. As a result, the Department can test whether the change is genuine.
Are extensions for illness affected?
No. The Minister said extensions are unchanged.
When does the rule start?
No commencement date has been published.
Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.
Sources: the Minister for Home Affairs’ National Press Club address, 17 September 2026, and MIA Notice 16 of 18 September 2026.
Plan the next step before your course ends
We can check a planned course against the announced rule and the genuine student test. 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.
