New Student Visa Rules in Australia 2026: Who Must Apply Offshore and Who Can Bring Family
Updated: Oct 9
Updated: 9 October 2026
From 2 October 2026, most people in Australia can no longer apply for a Student visa (subclass 500) or Student Guardian visa (subclass 590) while they are here. They must leave, apply from outside Australia, and stay outside Australia until the visa is granted.
The rule covers holders of 17 listed temporary visas, including Working Holiday, Skills in Demand (482), Temporary Graduate (485) and Visitor visas. It also covers current Student visa holders, unless an exemption applies.
Most Student visa applicants also can no longer include a partner or children. No one can add family after a Student visa is granted.
Applications lodged before 2 October 2026 follow the old rules. Your current visa is not cancelled or changed.
Key takeaways
Holders of 17 listed visas must apply for a Student or Student Guardian visa from outside Australia. Eight of these visas are new to the list from 2 October 2026.
Current Student visa holders must also apply offshore for their next Student visa, unless an exemption applies (for example, a PhD or moving up to a higher AQF level).
If the new rules made you apply offshore, you must also be outside Australia when the visa is granted.
The 28-day window to apply in Australia after a Student visa ends no longer exists.
Most applicants cannot include family. Exemptions cover PhD students, Pacific and ASEAN students, fully funded foreign government scholarship holders, and DFAT or Defence students.
From 2 October 2026 until 30 June 2027, most students must stay 12 months in their principal course before transferring to another provider (up from six months).
A new Student visa transfer stream is planned for 1 July 2027.
What changed on 2 October 2026?
The table below compares the rules for applications lodged before and after 2 October 2026.
Rule | Before 2 October 2026 | From 2 October 2026 |
Visas that block an onshore Student visa application | 9 visas | 17 visas |
Current Student visa holder applying for another Student visa | Could generally apply in Australia | Must apply offshore unless an exemption applies |
Location when the visa is granted | In or outside Australia | Outside Australia, if the new rules required an offshore application |
Applying within 28 days after a Student visa ends | Allowed in Australia | Removed (one narrow ART exception) |
Including a partner or children | Allowed | Only with an exemption |
Adding family after grant (subsequent entrants) | Allowed | Not allowed for anyone |
Transfer to another provider | After 6 months in the principal course | After 12 months (non-school students, until 30 June 2027) |
The Department of Home Affairs fact sheet and the Home Affairs page on changes to Student visa application rules summarise the changes. The detail sits in three legal instruments, listed under "The legal instruments behind the changes" below.
Which visa holders must apply for a Student visa from outside Australia?
If you hold one of the 17 visas below, you cannot make a valid Student visa (subclass 500) or Student Guardian visa (subclass 590) application while you are in Australia. You must apply from outside Australia.
The list sits in section 6 of LIN 26/102. Nine of these visas were already on the previous list, LIN 26/068. Eight are new.
Visa | Status |
Subclass 400 Temporary Work (Short Stay Specialist) | New from 2 October 2026 |
Subclass 407 Training | New from 2 October 2026 |
Subclass 408 Temporary Activity | New from 2 October 2026 |
Subclass 417 Working Holiday | New from 2 October 2026 |
Subclass 457 Temporary Work (Skilled) | New from 2 October 2026 |
Subclass 462 Work and Holiday | New from 2 October 2026 |
Subclass 482 Skills in Demand | New from 2 October 2026 |
Subclass 482 Temporary Skill Shortage | New from 2 October 2026 |
Subclass 403 Temporary Work (International Relations), Domestic Worker (Diplomatic or Consular) stream only | Already on the previous list |
Subclass 485 Temporary Graduate | Already on the previous list |
Subclass 600 Visitor | Already on the previous list |
Subclass 601 Electronic Travel Authority | Already on the previous list |
Subclass 602 Medical Treatment | Already on the previous list |
Subclass 651 eVisitor | Already on the previous list |
Subclass 771 Transit | Already on the previous list |
Subclass 988 Maritime Crew | Already on the previous list |
Subclass 995 Diplomatic (Temporary), primary visa holders only | Already on the previous list |
What this means:
If you hold a 485, Visitor or ETA visa, the offshore application rule is not new for you. What is new is that you must also be outside Australia when the visa is granted.
If you hold a Working Holiday, 482, 407 or 408 visa, you could apply in Australia until 1 October 2026. From 2 October 2026, you cannot.
Except for the 403 and 995, the rule applies whatever stream the visa was granted in. It also covers secondary visa holders, such as the partner of a 482 visa holder.
The 457 and the 482 Temporary Skill Shortage are closed to new applicants. They are on the list because some people still hold them.
An application made in Australia by someone on this list is not a valid application. Home Affairs will not consider it.
Download the official documents
Want the official documents behind these changes in one place? Fill in the form below and the files will download automatically.
The download includes:
The Department of Home Affairs fact sheet, "Changes to Student visa application rules"
The Department of Home Affairs infographic, "Applying for a Student visa (subclass 500)"
The Explanatory Statement for LIN 26/102, which lists the 17 visa classes and explains why they were chosen
LIN 26/087, which sets out the exemptions for applying in Australia and for including family members
Can a current Student visa holder apply for another Student visa in Australia?
Only if an exemption applies. A Student visa holder applying for a new Student visa as the main applicant must now be outside Australia when they apply, under new paragraph 1222(3)(aa) of the Migration Regulations.
This also covers people who hold a Student visa as a family member (a dependant) and now want to apply as the main student. The exemptions below do not help them. A dependant applying for their own Student visa must apply offshore, even for a PhD.
The exemptions also do not help holders of the 17 listed visas. Those visa holders must apply offshore in every case.
Exemptions for current Student visa holders
You can still apply in Australia if you hold your Student visa as the main student and one of these applies:
Defence or Foreign Affairs student. You are sponsored by the Department of Defence or the Department of Foreign Affairs and Trade.
School student. You are applying to do primary or secondary school studies.
Doctoral student. You are enrolled in a course leading to a doctoral degree (PhD) when you apply.
Finishing your current course. You have started your principal course, have not finished it, and will finish within 12 months of the end date on its Confirmation of Enrolment (CoE). A changed course must be with the same provider.
Moving up a level. You have completed your principal course and are enrolled in no more than one further course at a higher AQF level.
Provider default. Your provider could not deliver your registered course, and you apply within 12 months of the default day.
The principal course is the course with the highest Australian Qualifications Framework (AQF) level on your current Student visa. If you need more than 12 extra months, you must apply offshore. Read more about extending your Student visa.
How the "moving up a level" exemption works
If your completed course has an AQF level, your next course must be at a higher AQF level.
If your completed course was a higher education course, your next course must also be a higher education course delivered by a higher education provider.
If your completed course has no AQF level, your next course must have one, unless you were a school student.
Your move | Can you apply in Australia? |
Bachelor degree to master's degree | Yes, if you have completed the bachelor degree |
Bachelor degree to VET diploma | No. Apply offshore |
Master's degree to a second master's degree | No. Apply offshore |
Master's degree to PhD | Yes, under the doctoral exemption |
Year 12 in Australia to an English course | Yes |
Key takeaway: you can still study a course at the same or a lower level. You just have to apply from outside Australia and wait there for the grant. If you are deciding what to study next, see how to choose a course in Australia.
Do you have to stay outside Australia until the visa is granted?
Yes, if the new rules are the reason you applied from outside Australia. Under the amended clause 500.411 of the Migration Regulations, you must also be outside Australia when the Student visa is granted.
This applies if, when you applied:
you held a Student visa and no exemption applied, or
you could not apply in Australia, for example because you hold one of the 17 listed visas or your visa had expired.
It includes current Student visa holders who lodge from overseas during a semester break.
If you return to Australia before the decision, Home Affairs cannot grant the new visa while you are here. This applies whether you come back on your current Student visa or any other visa.
In all other cases, you can be in or outside Australia at grant, but not in immigration clearance.
The new grant rule in the regulations applies to the Student visa (subclass 500). If you are applying for a Student Guardian visa from outside Australia, confirm where you need to be at grant before you make travel plans.
Plan your travel and study dates around the Student visa processing times, or check our visa processing times guide. To see how offshore applications are prioritised, read about offshore Student visa processing priority.
Is there still a 28-day grace period for Student visas?
No. From 2 October 2026, the 28-day grace period no longer exists. If your Student visa ends before you lodge a new application, you must apply from outside Australia and stay outside Australia until the visa is granted.
This applies to both Student visa (subclass 500) and Student Guardian visa (subclass 590) applications.
What the 28-day rule allowed before 2 October 2026
Under the old subparagraph 1222(4)(b)(i) of the Migration Regulations, you could lodge a Student or Student Guardian visa application in Australia without holding a substantive visa if:
your last substantive visa was a Student visa, and
that visa had ended in the last 28 days.
People often called this the "28-day rule" or "grace period". It never gave permission to stay in Australia. It only allowed you to lodge.
What changed on 2 October 2026
Item 13 of the Migration Amendment (Student Visa Reform) Regulations 2026 repeals that subparagraph. A former Student visa holder without a substantive visa now has to apply from outside Australia.
The Explanatory Statement gives the reason. Without the repeal, a student who must apply offshore could get around the rule by letting their Student visa expire and then applying in Australia.
A bridging visa is not a substantive visa. Holding one does not bring back the 28-day option.
How the change affects you
Your situation when you lodge | Before 2 October 2026 | From 2 October 2026 |
Student visa still valid, exemption applies | Apply in Australia | Apply in Australia |
Student visa still valid, no exemption | Apply in Australia | Apply offshore, be offshore at grant |
Student visa ended 10 days ago, no other visa | Apply in Australia within the 28 days | Apply offshore, be offshore at grant |
Student visa ended 10 days ago, you would otherwise be exempt (for example, a PhD) | Apply in Australia within the 28 days | Apply offshore, be offshore at grant |
Student visa cancelled, then the ART set aside the cancellation after your visa's original end date | Apply in Australia within 28 days | Apply in Australia within 28 days (see the exception below) |
The fourth row catches many people out. An exemption only helps while your Student visa is still in effect. Once it ends, the onshore option is gone, even for a PhD or a move to a higher AQF level.
The one remaining exception: an ART decision on a cancelled Student visa
The old 28-day rule also covered people whose cancelled Student visa was restored by the tribunal. New subitem 1222(4B) keeps that arrangement for this group only.
You can still apply in Australia without a substantive visa if all of the following apply:
Your last substantive visa was a Student visa, and it was cancelled.
The Administrative Review Tribunal (ART) set aside the cancellation decision, or the Minister's decision not to revoke it, and substituted a new decision.
The ART made its decision after the day your Student visa would have ended, so the cancelled visa cannot be reinstated.
You apply within 28 days of being notified of the ART decision.
You have never been granted a visa on an application made while you did not hold a substantive visa.
If you are dealing with a cancellation or refusal, see our guide to visa refusal and ART review.
What to do now
Check your visa expiry date in VEVO today.
If an exemption applies to you, lodge before your current Student visa ends. Do not plan around a grace period.
Arrange your next course and Confirmation of Enrolment (CoE) early. You need a CoE to lodge.
If you need more time to finish your course, read about extending your Student visa before your visa ends.
If no exemption applies, plan your departure, offshore application and wait time together.
If your Student visa has already ended and you hold no other visa, get advice from a registered migration agent straight away.
Key takeaway: lodge before your Student visa ends. After that, the only onshore option left is the narrow ART exception.
Can you still include family members in a Student visa application?
In most cases, no. From 2 October 2026, you can only include a partner or dependent child in the situations below, under new paragraph 1222(3)(da) of the Migration Regulations and LIN 26/087. This applies to first and further Student visa applications.
When the main student's situation allows family
You can include family members if the main student:
is a Defence student or a Foreign Affairs student
holds a passport from a Pacific country, or from a country specified by the government (the Home Affairs fact sheet names ASEAN member countries)
is enrolled in a course leading to a doctoral degree (PhD), or
is enrolled only in a course, or courses, fully funded by a foreign government.
A partial scholarship does not meet the last point. Every course must be fully funded by a foreign government.
When family members are already in Australia on your Student visa
A family member can be included in your next Student visa application if they are in Australia and either:
already held a Student visa as your family member on 2 October 2026, or
applied as your family member before 2 October 2026, and that visa was granted on or after that date.
A child born in Australia on or after 2 October 2026 can also be included, if the child is in Australia and you held, or had applied for, a Student visa as the main student on 2 October 2026.
In all of these cases, you must be applying in Australia, which requires one of the exemptions above. You and every family member must lodge at the same time and in the same place. If one of you must apply offshore, all of you must.
Adding family after the visa is granted
This is no longer possible for anyone. Student visa holders cannot add a partner or child as a subsequent entrant after their visa is granted. There are no exemptions.
Key takeaway: if your family is already in Australia on your Student visa, their current visa stays valid. The question is whether they can be included in your next Student visa, and that depends on whether you can apply in Australia.
Can you change education provider under the new rules?
Yes, but with a longer wait. From 2 October 2026 until 30 June 2027, non-school students must stay in their principal course for 12 months before seeking a transfer to another provider. The previous restriction was six months. Assistant Minister Julian Hill announced the change in his 2 October 2026 media release.
School students stay under the existing six-month restriction for their first registered school course.
Transfers are still allowed in exceptional circumstances, or where a provider or course stops being registered.
The Student visa transfer stream from 1 July 2027
The government plans a new Student visa transfer stream from 1 July 2027. According to the minister's release:
Students who change provider after arriving in Australia will need to apply through the transfer stream.
They must receive the new visa before they start study at the new provider.
The end date of their visa will stay the same.
Transfers will only be allowed at the same AQF level or higher.
Students will no longer be able to come to Australia for higher education and then transfer onshore to VET.
Study Australia says the government is still developing the details. The transfer stream is not law yet. Check with your provider before you enrol in a new course.
What the new rules mean in common situations
These examples apply to Student visa applications lodged on or after 2 October 2026.
Your 482 job ends and you want to study instead
You cannot apply for a Student visa while in Australia on a 482 visa. You must leave, apply from overseas, and stay outside Australia until the grant. If you want to stay on a work pathway instead, see 482 visa to permanent residency.
You are on a Working Holiday visa and want to start a course
You cannot switch from a Working Holiday (417) or Work and Holiday (462) visa to a Student visa onshore. You must apply offshore and wait there for the decision.
Your 485 visa is ending and you want to study again
485 holders could not apply onshore before 2 October either. The new part is that you must also be outside Australia at grant. If your 485 is close to expiring, read what happens when your 485 visa expires.
You failed some subjects and need more time
If you will finish your principal course within 12 months of the CoE end date, you can still apply in Australia. If you need longer, you must apply offshore.
You finished a master's and want to do a diploma
This is not a move to a higher AQF level, so it is not exempt. You can still apply, but from outside Australia, and you must be outside Australia at grant.
You want to change college six months into your course
From 2 October 2026 until 30 June 2027, you must generally complete 12 months of your principal course first. Talk to your current provider before you accept an offer elsewhere. Before you enrol with a new provider, you can check whether an Australian college is genuine.
Your partner is here on your Student visa
Your partner's current visa is not affected. If they held a Student visa as your family member on 2 October 2026, they can be included in your next Student visa, as long as you can apply in Australia under an exemption.
If you must apply offshore, your partner must also be offshore. They can then only be included if you meet a family exemption.
You are starting a PhD and want to bring your family
You can still include your partner and children. If you hold a Student visa as the main student, you can also apply in Australia. If you hold a Student visa as a family member, or one of the 17 listed visas, you must apply offshore.
What does not change?
The new rules only apply to applications made on or after 2 October 2026, under the transitional provision in Schedule 13 of the Migration Regulations.
Your current Student visa stays valid.
Applications lodged before 2 October 2026 follow the rules in place when they were lodged, including applications that included family.
Current Student Guardian visa holders can still lodge a further Student Guardian visa application in Australia.
Family members already on your visa keep their current visa.
A child born in Australia to a Student visa holder is still taken to hold the same visa as their parent from birth.
Temporary Graduate (485) family rules have not changed yet. Study Australia says restrictions on including family in 485 applications will come later.
How is this different from the 17 September announcement?
On 17 September 2026, Home Affairs Minister Tony Burke announced plans to stop most students bringing family and to require course progression. We covered that announcement in Australia Migration Overhaul 2026.
The 2 October 2026 instruments turn the student parts of that announcement into law and add detail it did not include:
A start date. The rules apply to applications made on or after 2 October 2026.
Progression is an exemption, not a ban. Students can still move to a course at the same or a lower level. They apply offshore.
An expanded list of 17 visas. LIN 26/102 replaces the earlier list in LIN 26/068 and adds eight visas.
Offshore at grant. People who must apply offshore must also wait offshore.
No 28-day window. Except for a narrow ART case.
The full family exemption list. Including fully funded foreign government scholarship holders.
No subsequent entrants. Family can no longer be added after grant.
The 2027 National Planning Level for new international students is a separate policy. We explain it in Australia Student Visa Changes 2027.
Common misunderstandings about the new rules
"Students can no longer move to a lower-level course." They can. Moving up an AQF level is an exemption from the offshore rule, not a condition for a Student visa. A lower-level course means applying offshore.
"485 holders lost the right to apply onshore on 2 October." They could not apply onshore before 2 October either. The new rule for them is being offshore at grant.
"Family members can be included if you add them when you first apply." Only if an exemption applies. Most first-time applicants cannot include family at all.
"Families already here can simply be added to the next Student visa." Not always. They can be included only when the main student applies in Australia, and that requires an exemption.
"Any extension is fine as long as you are already a student." Only extensions of up to 12 months past the CoE end date of your principal course qualify. A changed course must be with the same provider.
"The exemptions apply to everyone." They only help current Student visa holders applying as the main student. Holders of the 17 listed visas must apply offshore, even for a PhD.
Frequently asked questions
Can I switch from a Working Holiday visa to a Student visa in Australia?
No. From 2 October 2026, Working Holiday (417) and Work and Holiday (462) visa holders must apply for a Student visa from outside Australia. They must also be outside Australia when the visa is granted.
Can I apply for a Student visa in Australia while on a 485 or 482 visa?
No. Temporary Graduate (485), Skills in Demand (482) and Temporary Skill Shortage (482) holders are on the LIN 26/102 list. They must apply offshore and wait there for the decision.
Can I change from a Visitor visa to a Student visa in Australia?
No. Visitor (600), Electronic Travel Authority (601) and eVisitor (651) holders must apply for a Student visa from outside Australia and be outside Australia when it is granted.
Can I extend my Student visa in Australia if I need more time to finish my course?
Yes, if you will finish your principal course within 12 months of the end date on its CoE. You must have started the course, and a changed course must be with the same provider. If you need longer, you must apply offshore.
Can I go from a bachelor degree to a master's degree without leaving Australia?
Yes, if you have completed the bachelor degree and are enrolled in only one further course at a higher AQF level. The master's must be a higher education course delivered by a higher education provider.
Can I bring my partner if I am doing a PhD?
Yes. Students enrolled in a course leading to a doctoral degree can still include family members in their Student visa application.
Can I add my partner or child after my Student visa is granted?
No. From 2 October 2026, no one can add family members after a Student visa is granted. There are no exemptions.
I hold a Student visa as a dependant. Can I apply for my own Student visa in Australia?
No. A person who holds a Student visa as a family member and wants to apply as the main student must apply from outside Australia. The onshore exemptions do not apply to dependants.
Is there still a 28-day grace period for Student visas in Australia?
No. That pathway ended on 2 October 2026. The only remaining exception covers some people whose Student visa cancellation was set aside by the ART.
Can I change education provider after 2 October 2026?
Yes, but most non-school students must now complete 12 months of their principal course first, until 30 June 2027. Transfers are still possible in exceptional circumstances or if the provider or course stops being registered.
Do the new rules affect Temporary Graduate (485) family members?
Not yet. Study Australia says restrictions on including family in 485 applications will be introduced later. The government has said families already in Australia on Student or Temporary Graduate visas will not be separated.
I lodged my Student visa application before 2 October 2026. Does this affect me?
No. Applications lodged before 2 October 2026 follow the rules in place when they were lodged, including applications that included family members.
Can I apply for a Student Guardian visa in Australia?
It depends on your current visa. If you hold one of the 17 listed visas, you must apply for a Student Guardian visa (subclass 590) from outside Australia. If you already hold a Student Guardian visa, you can still lodge a further one in Australia.
What can I do if I cannot apply for a Student visa in Australia?
You can apply from outside Australia, or look at whether another visa suits your plans. See what visas you can apply for after a Student visa, or our Student visa guide. A registered migration agent can check which option fits your situation.
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Sources
Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347)
Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348) and its Explanatory Statement
Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349)
Department of Home Affairs, "Changes to Student visa application rules" fact sheet and "Applying for a Student visa (subclass 500)" infographic, October 2026
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