The Australian Government has registered the Migration Amendment (Student Visa Reform) Regulations 2026, together with two supporting legislative instruments. The changes commence on 2 October 2026 and turn the student visa measures announced on 17 September into law.
What has changed
There are three main changes to the Subclass 500 (Student) visa.
1. Most student visa holders must apply for a further Student visa from outside Australia
A person who holds a Subclass 500 visa and applies for another Subclass 500 visa as the main applicant must now be outside Australia when they lodge, unless they fall into an exempt group. The regulations exempt Defence students, Foreign Affairs students and school students. LIN 26/087 adds four further groups who can still apply in Australia:
- Doctoral students - applicants enrolled in a course leading to a doctoral degree.
- Provider default - students who cannot complete their course because their provider defaulted, applying within 12 months of the default.
- Completing the same course - students who have started but not finished their principal course (or an alternative principal course with the same provider) and need more time, provided they will finish within 12 months of the end date on their Confirmation of Enrolment.
- Course progression - students who have completed their principal course and are enrolled in no more than one further course at a higher AQF level.
If you were required to apply from outside Australia, you must also be outside Australia when the visa is granted.
2. Many other temporary visa holders can no longer apply for a Student visa onshore
Under LIN 26/102, people in Australia holding any of the following visas must apply for a Subclass 500 or Subclass 590 (Student Guardian) visa from outside Australia: Subclasses 400, 403 (Domestic Worker (Diplomatic or Consular) stream only), 407, 408, 417, 457, 462, 482 (Temporary Skill Shortage and Skills in Demand), 485, 600, 601, 602, 651, 771, 988 and 995 (primary holders). This includes visitor, working holiday, training and Temporary Graduate visa holders.
3. Family members can no longer be added to most Student visas
Secondary applicants (partners and dependent children) can now only apply in limited cases, including where the main student is a Defence or Foreign Affairs student, holds a passport from a Pacific or ASEAN country covered by the regulations, or falls within a class specified by the Minister (such as doctoral students and foreign government scholarship recipients). Family members who already hold, or had applied for, a secondary Student visa before 2 October 2026 are protected for future applications, as are children born in Australia after that date to an eligible student.
All family members must now apply at the same time and place as the main student. The option to join a student later as a "subsequent entrant" has been removed.
Who it affects
- Current Subclass 500 holders planning to extend their stay with a new course, change direction or stay on after finishing.
- Visitors, working holiday makers, Temporary Graduate (485) holders and the other visa holders listed above who were considering a Student visa from within Australia.
- Students who planned to bring a partner or children to Australia, now or later.
When it starts
The changes commence on 2 October 2026 and apply to visa applications made on or after that date. Applications lodged before 2 October 2026 are assessed under the previous rules. The Department has not published processing times specific to these changes.
What you should do now
- Check whether you fit one of the onshore exemptions before you enrol in a new course or let your current visa run down.
- If you are outside the exempt groups, plan for an offshore application and factor in travel, timing and your current visa's expiry date.
- If your family wants to join you, get advice on whether any secondary applicant pathway is still open to you.
- Consider whether another visa, such as the Temporary Graduate (485) visa or a skilled visa, now suits your situation better.
Read more in our Subclass 500 Student visa guide and student visa hub.
Source
- Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347) and explanatory statement - Federal Register of Legislation
- Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 - LIN 26/087 (F2026L01349)
- Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 - LIN 26/102 (F2026L01348)
This article is general information only and is not migration advice. Your circumstances may change how these rules apply to you.
If you hold a Student visa or were planning to apply onshore, book your consultation with Nanak Migration Group (MARN 2619467) so we can review your options before you lodge.
