New Student Visa Rules in Australia: You May Now Have to Apply and Wait Offshore
Updated: 2 October 2026
New Student Visa Rules in Australia from 2 October 2026, many people in Australia can no longer apply for a Student visa (subclass 500) or Student Guardian visa (subclass 590) onshore. They must leave Australia, apply from overseas, and stay outside Australia until the visa is granted.
This applies to holders of 17 listed temporary visa classes, including Working Holiday, Temporary Graduate (485) and Skills in Demand (482). It also applies to current Student visa holders, unless an exemption applies.
Most Student visa applicants also can no longer include a partner or children in their application.
Why these changes caught people off guard
The new rules were published on the Federal Register of Legislation on 1 October 2026 and started the next day. That left almost no time to lodge an application under the old rules.
The government had flagged a crackdown on international students' family members and on "visa hopping" in a 17 September 2026 announcement. The final law adds rules that were not in that announcement. The biggest is where you must be when you apply and when your visa is granted.
In practice, if you are on one of the listed visas and want to study, you cannot switch to a Student visa while staying in Australia. You must leave, apply from overseas, and wait outside Australia for the decision. Check the current Student visa processing times before you plan your departure.
Key takeaways new student visa rules
Holders of 17 listed temporary visa classes, including Working Holiday, Skills in Demand (482), Temporary Graduate (485) and Visitor visas, must apply for a Student or Student Guardian visa from outside Australia.
Current Student visa holders must also apply from outside Australia for their next Student visa, unless an exemption applies.
If the new rules required you to apply from outside Australia, you must also be outside Australia when the visa is granted.
Most applicants can no longer include family members. No one can add family after a Student visa is granted.
Your current visa is not affected. Applications lodged before 2 October 2026 are assessed under the old rules.
The three legal instruments behind the changes
The changes come from three instruments, all of which started on 2 October 2026:
Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347). These amend the Migration Regulations 1994 and set the new rules for applying in Australia, for family members, and for where you must be when the visa is granted.
Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102). This lists the visas whose holders must apply from outside Australia.
Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087). This sets out the detailed exemptions for applying in Australia and for including family.
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
Which visa holders must now apply for a Student visa from outside Australia?
If you hold one of 17 listed temporary visa classes, you can no longer 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 is set out in section 6 of LIN 26/102:
Subclass 400 Temporary Work (Short Stay Specialist)
Subclass 403 Temporary Work (International Relations), Domestic Worker (Diplomatic or Consular) stream only
Subclass 407 Training
Subclass 408 Temporary Activity
Subclass 417 Working Holiday
Subclass 457 Temporary Work (Skilled)
Subclass 462 Work and Holiday
Subclass 482 Skills in Demand
Subclass 482 Temporary Skill Shortage
Subclass 485 Temporary Graduate
Subclass 600 Visitor
Subclass 601 Electronic Travel Authority
Subclass 602 Medical Treatment
Subclass 651 eVisitor
Subclass 771 Transit
Subclass 988 Maritime Crew
Subclass 995 Diplomatic (Temporary), primary visa holders only
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.
Some of these visas, such as the 457 and the 482 Temporary Skill Shortage, are closed to new applicants. They are on the list because some people still hold them.
According to the Explanatory Statement for LIN 26/102, the aim is to stop temporary migrants who came to Australia for a purpose other than study from using a Student visa to extend their stay.
An application made in Australia by someone on this list is not a valid application, so it will not be considered.
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 and now want to apply as the main student.
You can still apply in Australia if one of the exemptions below applies to you.
These exemptions only apply to current Student visa holders. They do not let holders of the 17 listed visas apply in Australia.
Exemptions set in the Migration Regulations
You are a Defence student (sponsored by the Department of Defence).
You are a Foreign Affairs student (sponsored by the Department of Foreign Affairs and Trade).
You are a school student (primary or secondary school studies).
Exemptions set in LIN 26/087
Four more exemptions are listed in LIN 26/087.
Doctoral students
When you apply, you are enrolled in a course that leads to a doctoral degree (PhD).
Finishing your current course (up to 12 more months)
You hold a Student visa and have started your principal course, or an alternative principal course with the same provider that fits your visa conditions.
You have not finished that course yet.
You will finish it within 12 months of the end date on its Confirmation of Enrolment (CoE).
The principal course is the course with the highest Australian Qualifications Framework (AQF) level on your current Student visa. If you are studying a package of courses, the course you need more time for must be your principal course.
If you need more than 12 extra months, you must apply from outside Australia. Read more about extending your Student visa.
Moving up to a higher level of study
You hold a Student visa and have completed your principal course, or an alternative principal course that fit your visa conditions.
You are enrolled in no more than one further course.
If your completed course has an AQF level, the next course must be at a higher AQF level.
If your completed course was a higher education course, the next course must also be a higher education course delivered by a higher education provider.
If your completed course has no AQF level, the next course must have one, unless you were a school student when you did the completed course.
Some examples:
Bachelor degree to master's degree: can qualify, because the AQF level is higher and both are higher education courses.
Bachelor degree to a VET diploma: does not qualify, because the AQF level is lower and the course is not higher education.
Master's degree to a second master's degree: does not qualify, because the AQF level is the same.
Finishing high school in Australia, then moving to a course without an AQF level, such as an English language course: can qualify.
If you are deciding what to study next, see how to choose a course in Australia.
Your provider defaulted
You could not complete a registered course because of a provider default, and you were enrolled in it on the day of the default.
A provider default means the course did not start on the agreed day, stopped before it was finished, or was not delivered in full. This includes cases where the provider was sanctioned, suspended or cancelled under the ESOS Act.
You need a new Student visa to finish an alternative registered course, or other registered courses after it.
You apply within 12 months of the default day.
You have not already applied for a visa because of the same default.
Before you enrol with a new provider, you can check whether an Australian college is genuine.
Key takeaway: Taking a course at the same or a lower level is still possible. You just have to apply from outside Australia and wait there for the grant.
Do you have to stay outside Australia until the visa is granted?
Yes, if the new rules are the reason you had to apply from outside Australia. Under the amended clause 500.411 of the Migration Regulations, you must also be outside Australia when the visa is granted.
This applies when you were outside Australia at the time of applying because either:
you hold a Student visa and no exemption applied, or
you did not meet the requirements for applying in Australia, for example because you hold one of the 17 listed visas.
You cannot lodge from overseas, fly back to Australia on another visa, and wait for the decision there.
In all other cases, you can be in or outside Australia when the visa is granted, but not in immigration clearance.
To see how applications lodged from outside Australia are prioritised, read about offshore Student visa processing priority.
A narrow pathway after a cancelled Student visa
The regulations add a specific onshore pathway for some people whose Student visa was cancelled. You can apply in Australia without a substantive visa if:
your last substantive visa was a Student visa that was cancelled
the Administrative Review Tribunal (ART) set aside the cancellation decision, or substituted a new one, after the visa had ceased
you apply within 28 days of being notified of the ART's decision, and
you have not already been granted a visa since you stopped holding a substantive visa.
Can you still include family members in a Student visa application?
In most cases, no. From 2 October 2026, a partner or dependent child can only be included in a Student visa application in the situations below, under new paragraph 1222(3)(da) of the Migration Regulations and LIN 26/087.
This applies to first applications and to applications for a further Student visa.
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 on these changes 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 already hold a Student visa
A family member who is in Australia and already holds a Student visa as a family member may be included in the main student's next application.
Home Affairs says this applies when the main student is applying in Australia, which requires one of the exemptions listed earlier. The main student and every family member must be in the same location when the application is lodged.
LIN 26/087 also specifically covers family members who already hold a Student visa when the main student is:
finishing their current course within 12 months of the CoE end date, or
moving to a new course after a provider default.
Other cases covered by the regulations
A family member who applied before 2 October 2026 and whose visa was granted on or after that date.
A child born in Australia on or after 2 October 2026 to a main student who held a Student visa, or had applied for one, before that date.
Adding family after the visa is granted
This is no longer possible for anyone. Current Student visa holders cannot add a partner or child as a subsequent entrant after their visa has been granted, and there are no exemptions.
Key takeaway: If your family is already in Australia on your Student visa, their current visa is not cancelled. The question is whether they can be included in your next Student visa, and that depends on whether you can apply in Australia.
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 you are in Australia on a 482 visa. You must leave Australia, apply from overseas, and stay outside Australia until the Student visa is granted.
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 from outside Australia and wait there for the decision.
Your 485 visa is ending and you want to study again
Temporary Graduate (485) visa holders must apply for a Student visa from outside Australia. If your 485 is close to expiring, read what happens when your 485 visa expires.
You are a student and failed some subjects
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 from outside Australia.
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 when the visa is granted.
You are a student and your partner is here on your visa
Your partner's current visa is not affected. Whether they can be included in your next Student visa mostly depends on whether you can apply in Australia under an exemption.
If you have to apply from outside Australia, they generally cannot be included. The exception is if you meet one of the family exemptions: a PhD, a fully funded foreign government scholarship, Defence or Foreign Affairs sponsorship, or a Pacific or ASEAN passport.
You are starting a PhD and want to bring your family
You can still include your partner and children.
If you already hold a Student visa, you can also apply in Australia, because doctoral students are exempt from the offshore rule for Student visa holders. If you hold one of the 17 listed visas, such as a 485, you must still apply from outside Australia.
What does not change?
The new rules only apply to applications made on or after 2 October 2026, as set out in the transitional provision added to Schedule 13 of the Migration Regulations.
Your current Student visa stays valid. The changes do not cancel or change a visa you already hold.
Applications lodged before 2 October 2026 are assessed under the rules in place when they were lodged. This includes applications that included family members.
Current Student Guardian visa holders can still lodge a further Student Guardian visa application while in Australia.
Family members already on your visa keep their current visa. The new rules only affect whether they can be included in your next application.
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 students to progress to a higher level of study. We covered that announcement in Australia Migration Overhaul 2026.
The 2 October 2026 instruments turn the student parts of that announcement into law. They also add detail the announcement 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 just have to apply from outside Australia.
An updated list of 17 visas. Holders of these visas must apply for a Student or Student Guardian visa from outside Australia. LIN 26/102 repeals and replaces an earlier list of this kind (LIN 26/068).
Being outside Australia at grant. People who must apply offshore must also wait offshore.
The full family exemption list. This includes foreign government scholarship holders, as long as their courses are fully funded.
No subsequent entrants. Family can no longer be added after a Student visa is granted.
The Working Holiday and visitor visa measures in the same announcement are not part of these three instruments.
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 to a higher AQF level is an exemption from the offshore rule, not a condition for getting a Student visa. A lower-level course means applying from outside Australia.
"Families already here can simply be added to the next Student visa." Not always. Home Affairs says they may be included when the main student applies in Australia, and that requires an exemption.
"The family exemption covers Pacific Islands and other prescribed countries." The Home Affairs fact sheet names eligible students from Pacific countries and ASEAN member countries. The other family exemptions are PhD students, Defence or Foreign Affairs students, and students whose courses are fully funded by a foreign government.
"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 change of course must be with the same provider.
"The exemptions apply to everyone." They only help current Student visa holders. Holders of the 17 listed visas must apply from outside Australia, 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 (subclass 417) and Work and Holiday (subclass 462) visa holders must apply for a Student visa from outside Australia. They must also be outside Australia when the Student visa is granted.
Can I apply for a Student visa in Australia while on a 485 or 482 visa?
No. Temporary Graduate (subclass 485) and Skills in Demand or Temporary Skill Shortage (subclass 482) visa holders are on the LIN 26/102 list. They must apply from outside Australia and wait there for the decision.
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 if you changed courses, the new principal course must be with the same provider. If you need longer than 12 months, you must apply from outside Australia.
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. Because a bachelor degree is a higher education course, the master's must also 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 to a Student visa after it has been granted. There are no exemptions to this rule.
I lodged my Student visa application before 2 October 2026. Does this affect me?
No. Applications lodged before 2 October 2026 are assessed under the rules that applied when they were lodged. This includes applications that included family members.
Can I change from a Visitor visa to a Student visa in Australia?
No. Visitor (subclass 600), Electronic Travel Authority (601) and eVisitor (651) holders are on the LIN 26/102 list. They must apply for a Student visa from outside Australia and be outside Australia when it is granted.
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 Student Guardian visa application 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. A registered migration agent can check which option fits your situation.
Book a Free Consultation with Our Registered Migration Agent
These rules decide whether your application is valid, where you must be when it is granted, and whether your family can come with you. Check your situation before you enrol in a new course, book travel, or lodge an application.
Book a free phone or face-to-face consultation with our Registered Migration Agent via this link.
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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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