From 2 October 2026, the rules for applying for a Student visa (subclass 500) and a Student Guardian visa (subclass 590) have changed significantly. The changes affect where you must be when you apply, where you must be when the visa is granted and whether your partner and children can be included.

The changes were announced by the Minister for Home Affairs on 17 September 2026 and are now law. If you are studying in Australia, planning to study here or holding another temporary visa and thinking about enrolling in a course, this is what you need to know before you pay tuition fees or make travel plans.

What Changed on 2 October 2026?

The changes were made by three legislative instruments that commenced on 2 October 2026:

• The Migration Amendment (Student Visa Reform) Regulations 2026, which amend the Migration Regulations 1994
• The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102)
• The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087)

Together, they do three things:

1. Require more people to apply for a Student visa from outside Australia, including most current Student visa holders.
2. Require those applicants to also be outside Australia when the visa is granted.
3. Restrict when family members can be included in a Student visa application, and close the option of adding family members later.

The Government’s stated purpose is to reduce ‘visa hopping’, where a person remains in Australia by moving from one temporary visa to another.

Issue	Before 2 October 2026	From 2 October 2026
Current students applying for another Student visa	Could generally apply in Australia	Must apply from outside Australia unless an exemption applies
Other temporary visa holders	Visitor, Temporary Graduate and some other visa holders had to apply offshore	A much longer list, now including working holiday and most temporary work and training visas
Location when the visa is granted	In or outside Australia	Outside Australia, if you were required to apply offshore
Family members in the application	Partner and dependent children could be included	Only if an exemption applies
Family members joining later	Possible through a subsequent entrant application	No longer possible, with no exemptions
Applying after a Student visa ends	Possible in Australia within 28 days	Removed, apart from a narrow exception
Changing education providers	Restricted for the first 6 months of the main course	Restricted for the first 12 months of the main course

Which Visa Holders Can No Longer Apply for a Student Visa in Australia?

If you hold one of the visas below, you cannot make a valid application for a Student visa or a Student Guardian visa while you are in Australia. You must apply from outside Australia.

Category	Visas affected
Visitor and short stay	Visitor (subclass 600), Electronic Travel Authority (subclass 601), eVisitor (subclass 651), Medical Treatment (subclass 602) and Transit (subclass 771)
Working holiday	Working Holiday (subclass 417) and Work and Holiday (subclass 462)
Temporary work and training	Skills in Demand and Temporary Skill Shortage (subclass 482), Temporary Work (Skilled) (subclass 457), Temporary Work (Short Stay Specialist) (subclass 400), Training (subclass 407) and Temporary Activity (subclass 408)
Graduate	Temporary Graduate (subclass 485)
Other	Maritime Crew (subclass 988), Temporary Work (International Relations) (subclass 403) in the Domestic Worker (Diplomatic or Consular) stream and primary holders of the Diplomatic (Temporary) (subclass 995) visa

Some of these visas, including visitor and Temporary Graduate visas, were already restricted from 1 July 2024. The list is now much longer and covers working holiday makers and most temporary work and training visa holders.

This is a validity requirement. An application lodged in Australia by a person who is required to apply offshore is not a valid application, and the Department of Home Affairs cannot consider it. An invalid application also does not give you a bridging visa.

Can Current Student Visa Holders Still Apply for Another Student Visa in Australia?

The general rule is now no. From 2 October 2026, a person who holds a Student visa and wants to apply for another Student visa as the main applicant must be outside Australia, unless an exemption applies.

You may still be able to apply in Australia if you hold your current Student visa as the main applicant and one of the following applies:

Exemption	Key conditions
Finishing your course	You have started but not finished your main course, and you need no more than 12 months beyond the end date on your Confirmation of Enrolment to complete it. You must be continuing with the same education provider.
Progressing to a higher-level course	You have completed your main course and are enrolled in one further course at a higher Australian Qualifications Framework (AQF) level. If you completed a higher education course, the next course must also be a higher education course delivered by a higher education provider.
Moving to or from a course with no AQF level	You completed a course with no AQF level and are progressing to a course that has one, or you completed school studies and are progressing to a course with no AQF level.
PhD students	You are enrolled in a course leading to a doctoral degree.
School students	You are applying to undertake primary or secondary school studies.
Defence and Foreign Affairs students	You are sponsored by the Department of Defence or the Department of Foreign Affairs and Trade (DFAT).
Provider default	You could not complete your course because your education provider defaulted. You must apply within 12 months of the default, and only one application can rely on the same default.

Three points are easy to miss:

• Dependants have no exemption. If you hold a Student visa as a family member and want to apply as the main applicant, you must apply from outside Australia.
• The 28-day window has been removed. Previously, a former Student visa holder could apply in Australia within 28 days after their visa ended. That option no longer exists, apart from a narrow exception where the Administrative Review Tribunal sets aside a visa cancellation after the visa has already expired.
• Student Guardian visa holders are treated differently. A current Student Guardian visa holder can still apply for a further Student Guardian visa in Australia.

Do I Need to Be Outside Australia When the Visa Is Granted?

Yes, if the rules require you to apply from outside Australia. In that case, you must also be outside Australia when the Department decides your application.

This means that leaving Australia briefly to lodge the application is no longer enough. If you are affected, plan for time outside Australia and factor processing times into your course start date, accommodation and work arrangements.

Can I Still Include My Partner and Children in My Student Visa Application?

For applications made on or after 2 October 2026, the general rule is that family members (your partner and dependent children) cannot be included. They can only be included if an exemption applies.

You may be able to include family members if you:

• Are enrolled in a course leading to a doctoral degree (PhD);
• Are a Defence or Foreign Affairs (DFAT) sponsored student;
• Are enrolled in a course, or courses, fully funded by a foreign government; or
• Hold a passport from a Pacific regional country or an ASEAN member country.

There is also protection for families who were already in the system when the rules changed. A family member may be included in a new application made in Australia if they:

• Held a Student visa as your family member on 2 October 2026, or had applied for one before that date which was later granted; or
• Are your child born in Australia on or after 2 October 2026, and you held a Student visa on that date or had applied for one which was later granted.

A family member who already holds a Student visa as your dependant can also be included where you are applying to finish your current course under the 12-month exemption, or because your education provider defaulted.

The protection for families who were already in the system on 2 October 2026 has an important limit. It applies only where the family member is in Australia and the application is made in Australia. All applicants must now apply at the same time and in the same place. If the student is required to apply from outside Australia, the whole family must apply offshore, and family members can then only be included if one of the exemptions listed above applies.

Can Family Members Join Me Later?

No. Before 2 October 2026, a partner or child could apply to join a student after the Student visa was granted. This was known as a subsequent entrant application. That pathway is now closed, and the Department of Home Affairs has confirmed that there are no exemptions.

In practice, this means:

• Even if you qualify for an exemption (e.g. as a PhD student), your family members must be included in your application from the start.
• A new partner, or a child born outside Australia, cannot be added to your Student visa after it is granted.
• Family members who cannot be included would need to qualify for a visa in their own right.

A child born in Australia to a Student visa holder is in a different position. Under section 78 of the Migration Act 1958, the child is generally taken to hold the same visa as the parent from birth.

What Has Changed for Students Who Want to Change Education Providers?

A separate change, made by the Department of Education, also started on 2 October 2026. Under Standard 7 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018, a new provider generally cannot enrol a transferring student until the student has completed 12 months of their main (principal) course. The restriction period was previously 6 months. For school students, it remains 6 months of the first school course.

A transfer before 12 months is still possible in limited situations, for example, where your current provider agrees to release you and records the release in PRISMS (the Government’s enrolment system), where your provider or course is no longer registered or where a government sponsor supports the change in writing. At the time of writing, the 12-month period is expected to apply until 30 June 2027, after which it is due to return to 6 months.

Changing providers and changing visas are now closely linked. If the new course means you need a new Student visa, the application rules above apply. A move to a course at the same or a lower level will generally not fall within the course progression exemption, which means the new visa application would need to be made from outside Australia.

What Has Not Changed?

• Your current visa. The changes do not affect a Student visa you already hold.
• Applications lodged before 2 October 2026. These continue to be assessed under the previous rules, including applications that included family members.
• Applying from outside Australia. Genuine students can still apply for a Student visa offshore if they meet the visa requirements.
• The Temporary Graduate visa (subclass 485). The Government has also announced restrictions on family members for Temporary Graduate visas. The instruments that commenced on 2 October 2026 deal only with Student and Student Guardian visa applications. Further changes may follow, so check the current position before you apply.

What Should You Do Now?

• Check which visa you hold before you enrol or pay tuition fees. Your current visa now determines where you can apply.
• Plan for an offshore application if you hold a visitor, working holiday, temporary work, training or Temporary Graduate visa. Allow for processing time and remember that you must be outside Australia when the visa is granted.
• Check the exemptions before changing course. If you are a current student, confirm that your next course fits an exemption before you accept an offer.
• Do not let your Student visa expire on the assumption that you can apply within 28 days. That option has been removed.
• Include eligible family members from the start. They cannot be added later.
• Speak to your current provider first if you want to transfer within the first 12 months of your main course.
• Get advice before you lodge. An invalid application costs time and money and can leave you with very little time to fix the problem before your current visa ends.

How SALIA Lawyers & Associates Can Help

These rules turn on detail: which visa you hold, which course you are moving to, where each family member is and when earlier visas were applied for. Our team can check whether an exemption applies to you, plan the timing of an offshore application and advise on visa options for family members who can no longer be included.

Contact us at salia.com.au or email hello@salia.com.au to book a consultation.

Frequently Asked Questions

Do the changes affect my current Student visa?

No. The new rules apply to visa applications made on or after 2 October 2026. They do not change a visa that has already been granted.

I applied before 2 October 2026 and included my family. Which rules apply?

The previous rules. Applications lodged before 2 October 2026, including applications with family members, are assessed under the rules that applied when they were lodged.

I hold a Temporary Graduate (subclass 485) visa and want to study again. Can I apply in Australia?

No. Temporary Graduate visa holders must apply for a Student visa from outside Australia and must be outside Australia when the visa is granted.

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 become the main applicant must apply from outside Australia. No exemption applies.

I want to move to a course at the same or a lower level. Can I apply in Australia?

Generally not. The course progression exemption requires a move to a higher AQF level. Whether you need a new visa at all depends on your current visa and course, so get advice before you change.

I already hold a Student visa and my partner is overseas. Can they join me?

Not as a subsequent entrant. That pathway closed on 2 October 2026 with no exemptions. Your partner would need to qualify for a visa in their own right.

I hold a passport from a Pacific or ASEAN country. Can I include my family?

You may be able to. Students who hold a passport from a Pacific regional country or an ASEAN member country can still include family members, provided everyone applies at the same time and in the same place. Family members cannot be added after the visa is granted.

Can I leave Australia for a few days, apply, and return to wait for the decision?

If you are required to apply from outside Australia, you must also be outside Australia when your application is decided. A short trip to lodge the application is no longer enough.

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Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.