Student visa changes from 2 October 2026

What changed on 2 October 2026

1. The student visa reform commenced on 2 October 2026. It applies to visa applications made on or after that day; an application made before it is decided under the earlier rules.

   Sources:F2026L01347 s 2 (commencement of the whole instrument)F2026L01347 Sch 1 item 20, inserting Sch 13 cl 16601F2026L01348 s 2(1), table item 1 (commencement)F2026L01349 LIN 20/158 s 24

   Show the words of the law (4)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), s 2 (commencement of the whole instrument)

     The day after this instrument is registered.

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 20, inserting Sch 13 cl 16601

     The amendments made by Schedule 1 to the Migration Amendment (Student Visa Reform) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Schedule.

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 2(1), table item 1 (commencement)

     (a) on the day after this instrument is registered; and (b) immediately after the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026.

   • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 24

     The amendments of this instrument made by Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087) apply in relation to an application for a visa made on or after the day on which LIN 26/087 commences.

2. If you hold a Student (subclass 500) visa as the student and apply for another Student visa, you must be outside Australia when you apply, unless you are in one of the exempt classes.

   Sources:F2026L01347 Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

   Show the words of the law (1)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

     (aa) An applicant who: (i) seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa; and (ii) holds a Subclass 500 (Student) visa (whether on the basis of satisfying the primary criteria or the secondary criteria for the grant of that visa); and (iii) in the case that the applicant holds that visa on the basis of satisfying the primary criteria for the grant of that visa—is not included in a class of persons specified in subitem (3A); must be outside Australia.

3. The exempt classes are Defence students, Foreign Affairs students and school students, plus the classes in LIN 20/158: students enrolled in a doctoral degree, students whose course was affected by a provider default (applying within 12 months), students finishing their principal course within 12 months of the end date on its confirmation of enrolment, and students who have completed their principal course and are enrolled in no more than one further course, which must be at a higher AQF level where the completed course has one.

   Sources:F2026L01347 Sch 1 item 11, inserting Sch 1 subitem 1222(3A)F2026L01349 LIN 20/158 s 16(2) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 17(2) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 18(2) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 19(2)(c) and (d) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 19(3)

   Show the words of the law (6)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 11, inserting Sch 1 subitem 1222(3A)

     (3A) For the purposes of subparagraph (3)(aa)(iii), the classes of persons are the following: (a) Defence students; (b) Foreign Affairs students; (c) school students (within the meaning of clause 500.111 of Schedule 2); (d) classes of persons specified in an instrument under paragraph (5)(d).

   • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 16(2) (inserted by LIN 26/087 Sch 1 item 13)

     (2) This subsection applies in relation to a class of persons where the person: (a) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (b) at the time of making the visa application—is enrolled in a course of study leading to the award of a doctoral degree.

   • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 17(2) (inserted by LIN 26/087 Sch 1 item 13)

     (b) was unable to complete a registered course due to provider default; and (c) was enrolled in that course on the provider default day; and (d) requires a further Subclass 500 visa to complete either an alternative registered course or one or more other registered courses after completing an alternative registered course; and (e) applies for that Subclass 500 visa within the period of 12 months after the provider default day; and (f) has not made a previous visa application because of the same provider default.

   • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 18(2) (inserted by LIN 26/087 Sch 1 item 13)

     (b) at the time of making the visa application, holds a Subclass 500 visa; and (c) either: (i) has commenced the principal course for which the visa mentioned in paragraph (b) was granted; or (ii) has commenced an alternative principal course with the same provider and that course is not inconsistent with the conditions of the visa mentioned in paragraph (b); and (d) has not completed the principal course mentioned in subparagraph (c)(i) or (ii); and (e) will complete the principal course mentioned in subparagraph (c)(i) or (ii) within 12 months of the end date specified in the confirmation of enrolment issued for that principal course.

   • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 19(2)(c) and (d) (inserted by LIN 26/087 Sch 1 item 13)

     (i) the principal course for which the visa mentioned in paragraph (b) was granted; or (ii) an alternative principal course that was not inconsistent with the conditions of that visa; and (d) subject to subsections (3) and (4), is enrolled in no more than one further course of study.

   • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 19(3)

     (3) If the principal course mentioned in subparagraph (2)(c)(i) or (ii) has an AQF level attributed to it, the further course of study mentioned in paragraph (2)(d) must: (a) have a higher AQF level than the course mentioned in subparagraph (2)(c)(i) or (ii); and (b) if the principal course mentioned in subparagraph (2)(c)(i) or (ii) was a higher education course, the further course of study mentioned in paragraph (2)(d) must be a higher education course delivered by a higher education provider.

4. Someone who holds a Student visa as a family member, and applies as the student, must also apply from outside Australia. The exempt classes cover only people who hold their visa as the student.

   Sources:F2026L01347 Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

   Show the words of the law (1)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

     (aa) An applicant who: (i) seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa; and (ii) holds a Subclass 500 (Student) visa (whether on the basis of satisfying the primary criteria or the secondary criteria for the grant of that visa); and (iii) in the case that the applicant holds that visa on the basis of satisfying the primary criteria for the grant of that visa—is not included in a class of persons specified in subitem (3A); must be outside Australia.

5. Holders of the visas listed in LIN 26/102 cannot make a valid Student or Student Guardian application in Australia. The list has 17 items covering 16 subclasses: 400, 403 (Domestic Worker (Diplomatic or Consular) stream only), 407, 408, 417, 457, 462, 482, 485, 600, 601, 602, 651, 771, 988 and 995 (the diplomat, not family members).

   Sources:F2026L01347 Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)F2026L01348 s 6(1)F2026L01348 s 6(2)F2026L01348 s 6(2), table item 1F2026L01348 s 6(2), table item 2F2026L01348 s 6(2), table item 3F2026L01348 s 6(2), table item 4F2026L01348 s 6(2), table item 5F2026L01348 s 6(2), table item 6F2026L01348 s 6(2), table item 7F2026L01348 s 6(2), table item 8F2026L01348 s 6(2), table item 9F2026L01348 s 6(2), table item 10F2026L01348 s 6(2), table item 11F2026L01348 s 6(2), table item 12F2026L01348 s 6(2), table item 13F2026L01348 s 6(2), table item 14F2026L01348 s 6(2), table item 15F2026L01348 s 6(2), table item 16F2026L01348 s 6(2), table item 17

   Show the words of the law (20)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)

     (4) If the applicant is in Australia: (a) the applicant must: (i) hold a substantive visa; and (ii) not be included in a class of persons specified in an instrument under paragraph (5)(e); or (b) either subitem (4A) or (4B) must apply to the applicant. (4A) This subitem applies to an applicant if the applicant satisfies each of the following paragraphs:

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(1)

     (1) For the purposes of subparagraph 1222(4)(a)(ii) of the Migration Regulations, the class of persons to which subsection (2) applies is specified.

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2)

     (2) This subsection applies in relation to a class of persons where the person: (a) holds a visa of a subclass mentioned in Column 1 of an item in the following table; and (b) was granted that visa on the basis of criteria set out in a stream mentioned in Column 2 of the same item; and (c) satisfies the requirements, if any, mentioned in Column 3 of the same item.

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 1

     Subclass 400 (Temporary Work (Short Stay Specialist) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 2

     Subclass 403 Temporary Work (International Relations) | Domestic Worker (Diplomatic or Consular) stream only | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 3

     Subclass 407 (Training) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 4

     Subclass 408 (Temporary Activity) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 5

     Subclass 417 (Working Holiday) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 6

     Subclass 457 (Temporary Work (Skilled)) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 7

     Subclass 462 (Work and Holiday) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 8

     Subclass 482 (Skills in Demand) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 9

     Subclass 482 (Temporary Skill Shortage) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 10

     Subclass 485 (Temporary Graduate) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 11

     Subclass 600 (Visitor) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 12

     Subclass 601 (Electronic Travel Authority) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 13

     Subclass 602 (Medical Treatment) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 14

     Subclass 651 (eVisitor) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 15

     Subclass 771 (Transit) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 16

     Subclass 988 (Maritime Crew) | Any stream | –

   • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 17

     Subclass 995 (Diplomatic (Temporary)) | Any stream | The person was granted the visa mentioned in column 1 of this table item having satisfied the criteria in Division 995.2 of Part 995 of Schedule 2 to the Migration Regulations

6. If you are in Australia without a substantive visa (a bridging visa is not one), you can apply in Australia only where subitem 1222(4A) or (4B) applies.

   Sources:F2026L01347 Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)C1958A00062 s 5(1), definition of substantive visaF2026L01347 Sch 1 item 14, inserting Sch 1 subitem 1222(4B)

   Show the words of the law (3)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)

     (4) If the applicant is in Australia: (a) the applicant must: (i) hold a substantive visa; and (ii) not be included in a class of persons specified in an instrument under paragraph (5)(e); or (b) either subitem (4A) or (4B) must apply to the applicant. (4A) This subitem applies to an applicant if the applicant satisfies each of the following paragraphs:

   • Migration Act 1958, Compilation No. 171 (C2026C00232), s 5(1), definition of substantive visa

     substantive visa means a visa other than: (a) a bridging visa; or (b) a criminal justice visa; or (c) an enforcement visa.

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 14, inserting Sch 1 subitem 1222(4B)

     (4B) This subitem apples to an applicant if the applicant satisfies each of the following paragraphs: (a) the applicant is not the holder of a substantive visa; (b) the last substantive visa held by the applicant was a student visa (the earlier visa); (c) the following circumstances exist in relation to the earlier visa: (i) the earlier visa was cancelled; (ii) the ART made the decision to set aside and substitute the cancellation decision or the Minister’s decision not to revoke the cancellation; (iii) the ART’s decision was made after the day when the earlier visa ceased to be in effect; (d) the application is made within 28 days after:

7. Item 13 of the reform repeals subparagraph 1222(4)(b)(i), which listed a student visa among the visas whose former holders could apply in Australia within 28 days after the visa ended. But item 12 has already rewritten subitem (4), so that subparagraph no longer exists there. Until this drafting problem is resolved, a former student visa holder relying on that 28-day window should have a registered professional review the position before applying in Australia.

   Sources:F2026L01347 Sch 1 item 13F2026L01347 Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)F1996B03551 Sch 1 paras 1222(4)(b) and (c), which item 12 places under subitem (4A)

   Show the words of the law (3)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 13

     13 Subparagraph 1222(4)(b)(i) of Schedule 1 Repeal the subparagraph.

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)

     (4) If the applicant is in Australia: (a) the applicant must: (i) hold a substantive visa; and (ii) not be included in a class of persons specified in an instrument under paragraph (5)(e); or (b) either subitem (4A) or (4B) must apply to the applicant. (4A) This subitem applies to an applicant if the applicant satisfies each of the following paragraphs:

   • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 paras 1222(4)(b) and (c), which item 12 places under subitem (4A)

     (b) the last substantive visa held by the applicant was: (i) a student visa; or (ii) a special purpose visa; or (iii) a Diplomatic (Temporary) (Class TF) visa granted to the holder as the spouse or de facto partner, or a dependent relative, of a diplomatic or consular representative of a foreign country; (c) the application is made within 28 days after: (i) the day when that last substantive visa ceased to be in effect; or

8. A family member's Student (subclass 500) application must now be made at the same time and place as, and combined with, the student's application. Family members can no longer be added later.

   Sources:F2026L01347 Sch 1 item 10, amending Sch 1 para 1222(3)(e)F1996B03551 Sch 1 para 1222(3)(e) as it stood before 2 October 2026 (F2026L01347 item 10 substitutes “must” for “may”)

   Show the words of the law (2)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 10, amending Sch 1 para 1222(3)(e)

     10 Paragraph 1222(3)(e) of Schedule 1 Omit “may”, substitute “must”.

   • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 para 1222(3)(e) as it stood before 2 October 2026 (F2026L01347 item 10 substitutes “must” for “may”)

     (e) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Subclass 500 (Student) visa may be made at the same time and place as, and combined with, the application by that person.

9. A family member can be included in a Student (subclass 500) application only on a ground in paragraph 1222(3)(da). One ground is that the student is a Defence or Foreign Affairs student, or holds a passport from a Pacific-regional country (Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, Republic of the Marshall Islands, Samoa, Solomon Islands, Timor-Leste, Tonga, Tuvalu and Vanuatu) or from a country listed in subitem 1222(5A) (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam).

   Sources:F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(i)F1996B03551 reg 1.03, definition of Pacific-regional country, paras (a) to (c)F1996B03551 reg 1.03, definition of Pacific-regional country, paras (d) to (m)F2026L01347 Sch 1 item 16, amending Sch 1 subitem 1222(5A)F1996B03551 Sch 1 subitem 1222(5A), paras (a) to (e)F1996B03551 Sch 1 subitem 1222(5A), paras (f) to (j)

   Show the words of the law (6)

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(i)

     (da) An application may be made by a person (the secondary applicant) who is seeking to satisfy the secondary criteria for the grant of a Subclass 500 (Student) visa only if: (i) the applicant (the primary applicant) who is seeking to satisfy the primary criteria for the grant of that visa is a Defence student, a Foreign Affairs student or holds a passport from a Pacific-regional country or a country specified in subregulation (5A); or

   • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, reg 1.03, definition of Pacific-regional country, paras (a) to (c)

     Pacific-regional country means each of the following: (a) Federated States of Micronesia; (b) Fiji; (c) Kiribati;

   • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, reg 1.03, definition of Pacific-regional country, paras (d) to (m)

     (d) Nauru; (e) Palau; (f) Papua New Guinea; (g) Republic of the Marshall Islands; (h) Samoa; (i) Solomon Islands; (j) Timor-Leste; (k) Tonga; (l) Tuvalu; (m) Vanuatu.

   • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 16, amending Sch 1 subitem 1222(5A)

     After “subparagraphs (2)(a)(ib) and (ic)”, insert “and (3)(da)(i)”.

   • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 subitem 1222(5A), paras (a) to (e)

     (5A) For the purposes of subparagraphs (2)(a)(ib) and (ic), the following countries are specified: (a) Brunei; (b) Cambodia; (c) Indonesia; (d) Laos; (e) Malaysia;

   • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 subitem 1222(5A), paras (f) to (j)

     (f) Myanmar; (g) Philippines; (h) Singapore; (i) Thailand; (j) Vietnam.

10. Families already in the system are protected while the family member is in Australia: a family member who held a Student visa as this student's family member on 2 October 2026, or had applied before that day for one granted on or after it, and a child born in Australia on or after that day to a student who held a Student visa as the student on that day, or had applied before it for the Student visa granted on or after it.

    Sources:F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(ii)F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(iii)F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(iv)F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(v)

    Show the words of the law (4)

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(ii)

      (ii) the secondary applicant is in Australia and, at the commencement of this subparagraph, held a Subclass 500 (Student) visa (the earlier visa) on the basis of satisfying the secondary criteria for the grant of the earlier visa, and in respect of which the primary applicant satisfied the primary criteria; or

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(iii)

      (iii) the secondary applicant is in Australia and, before the commencement of this subparagraph, applied for a Subclass 500 (Student) visa (the earlier visa) which was granted, on or after that commencement, on the basis of satisfying the secondary criteria for the grant of the earlier visa, and in respect of which the primary applicant satisfied the primary criteria; or

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(iv)

      (iv) the secondary applicant is in Australia, was born in Australia on or after the commencement of this subparagraph, is a child of the primary applicant and, at that commencement, the primary applicant held a Subclass 500 (Student) visa (the earlier visa) on the basis of satisfying the primary criteria for the grant of the earlier visa; or

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(v)

      (v) the secondary applicant is in Australia, was born in Australia on or after the commencement of this subparagraph, is a child of the primary applicant and, before that commencement, the primary applicant applied for a Subclass 500 (Student) visa (the earlier visa) which was granted, on or after that commencement, on the basis of satisfying the primary criteria for the grant of the earlier visa; or

11. LIN 26/087 also makes family classes for doctoral students, students fully funded by a foreign government, and some provider default and completing students. Each class is made "for the purposes of subparagraph 1222(3)(d)(vi)", a provision that does not exist (the power is in 1222(3)(da)(vi)). Whether these classes have effect is unresolved, so anyone relying on them should have a registered professional review it.

    Sources:F2026L01349 LIN 20/158 ss 20(1), 21(1), 22(1) and 23(1)F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(vi)F2026L01349 LIN 20/158 s 20(2)(b)F2026L01349 LIN 20/158 s 21(2)F2026L01349 LIN 20/158 s 22(2)F2026L01349 LIN 20/158 s 23(2)(b)

    Show the words of the law (6)

    • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 ss 20(1), 21(1), 22(1) and 23(1)

      (1) For the purposes of subparagraph 1222(3)(d)(vi) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(vi)

      (vi) the secondary applicant is included in a class of persons specified in an instrument under paragraph (5)(c).

    • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 20(2)(b)

      (ii) is enrolled in either: (A) a single course of study that is fully funded by a foreign government; or (B) multiple courses of study that are all fully funded by a foreign government.

    • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 21(2)

      (a) seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and (b) a member of the family unit of a person who: (i) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (ii) is enrolled in a course of study leading to the award of a doctoral degree.

    • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 22(2)

      (iii) was unable to complete a registered course due to provider default; and (iv) was enrolled in that course on the provider default day; and (v) requires a Subclass 500 visa to complete either an alternative registered course or one or more other registered courses after completing an alternative registered course; and (vi) applies for that Subclass 500 visa within the period of 12 months after the provider default day; and (vii) has not made a previous visa application because of the same provider default; and (d) was granted the Subclass 500 visa mentioned in paragraph (b) as a member of the family unit of the person mentioned in paragraph (c).

    • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 23(2)(b)

      (b) at the time of making the visa application—holds a Subclass 500 visa that was granted on the basis of having satisfied the secondary criteria; and (c) is a member of the family unit of a person who:

12. If paragraph 1222(3)(aa) or subitem 1222(4) required you to apply for a Student (subclass 500) visa from outside Australia, you must also be outside Australia when it is granted. In any other case it can be granted in or outside Australia, but not in immigration clearance. Whether the first rule applies to someone who applies from outside Australia only because the family must apply at one place is not settled, so that case needs review by a registered professional.

    Sources:F2026L01347 Sch 1 item 19, substituting Sch 2 cl 500.411F2026L01347 Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)F2026L01347 Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)F2026L01347 Sch 1 item 10, amending Sch 1 para 1222(3)(e)F1996B03551 Sch 1 para 1222(3)(e) as it stood before 2 October 2026 (F2026L01347 item 10 substitutes “must” for “may”)

    Show the words of the law (5)

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 19, substituting Sch 2 cl 500.411

      (1) The applicant must be outside Australia when the visa is granted if, at the time the application for the visa was made, the applicant was outside Australia because: (a) paragraph 1222(3)(aa) of Schedule 1 required the applicant to be outside Australia; or (b) the applicant did not meet the criteria in subitem 1222(4) of Schedule 1 to make the application in Australia. (2) In any other case, the applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

      (aa) An applicant who: (i) seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa; and (ii) holds a Subclass 500 (Student) visa (whether on the basis of satisfying the primary criteria or the secondary criteria for the grant of that visa); and (iii) in the case that the applicant holds that visa on the basis of satisfying the primary criteria for the grant of that visa—is not included in a class of persons specified in subitem (3A); must be outside Australia.

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)

      (4) If the applicant is in Australia: (a) the applicant must: (i) hold a substantive visa; and (ii) not be included in a class of persons specified in an instrument under paragraph (5)(e); or (b) either subitem (4A) or (4B) must apply to the applicant. (4A) This subitem applies to an applicant if the applicant satisfies each of the following paragraphs:

    • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 10, amending Sch 1 para 1222(3)(e)

      10 Paragraph 1222(3)(e) of Schedule 1 Omit “may”, substitute “must”.

    • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 para 1222(3)(e) as it stood before 2 October 2026 (F2026L01347 item 10 substitutes “must” for “may”)

      (e) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Subclass 500 (Student) visa may be made at the same time and place as, and combined with, the application by that person.

13. The Student Guardian (subclass 590) grant rule was not amended: the visa can still be granted in or outside Australia. Its family members must still apply at the same time as, and combined with, the guardian, but not necessarily at the same place.

    Sources:F1996B03551 Sch 2 cl 590.411 (not amended by F2026L01347)F1996B03551 Sch 1 para 1222(3)(f) (not amended by F2026L01347)

    Show the words of the law (2)

    • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 2, Sch 2 cl 590.411 (not amended by F2026L01347)

      590.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

    • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 para 1222(3)(f) (not amended by F2026L01347)

      (f) An application by a person claiming to be a member of the family unit of a person who is seeking to satisfy the primary criteria for the grant of a Subclass 590 (Student Guardian) visa must be made at the same time as, and combined with, the application by that person.

Worked examples

The criteria in full, beside your own notes

Check your situation

This checker gives advice on the facts you enter.

Answer what you know. The checker applies only the registered reform text, shows the words of the law behind every legal reason, and says when a point needs a registered professional. Your answers are used only to run this check and are not saved to a case or account.

ozimmi is a product of Pixelite SL (Andorra) and is not a registered migration agent or law firm. It gives you structured information and advice on the facts you provide, and it does not lodge anything with any authority or represent you before one. This output is generated by automated systems, including AI, and AI can make mistakes. It has not been reviewed by a registered migration agent or Australian legal practitioner and may be incomplete, out of date or wrong. Before acting on it, check it with a registered professional, such as a migration agent or a lawyer. Applicants can lodge their own application; a professional is not needed to lodge it.

Claims vs the register

Common claims about the reform, put in our own words, and what the registered law says about each. Only a registered instrument changes the law; an announcement does not.

Register checked 2 October 2026.

Changes that are announced or on their way but not in effect yet are listed on the upcoming changes page.

• From 2 October 2026, a student visa holder who wants another Student visa generally has to apply from outside Australia.

  Law

  This is what paragraph 1222(3)(aa) says for anyone who holds a Subclass 500 visa and applies as the student. People who hold the visa as the student can still apply in Australia if they are in an exempt class, such as doctoral, school, Defence and Foreign Affairs students.

  Sources:F2026L01347 Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)F2026L01347 Sch 1 item 11, inserting Sch 1 subitem 1222(3A)F2026L01347 s 2 (commencement of the whole instrument)

  Show the words of the law (3)

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

    (aa) An applicant who: (i) seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa; and (ii) holds a Subclass 500 (Student) visa (whether on the basis of satisfying the primary criteria or the secondary criteria for the grant of that visa); and (iii) in the case that the applicant holds that visa on the basis of satisfying the primary criteria for the grant of that visa—is not included in a class of persons specified in subitem (3A); must be outside Australia.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 11, inserting Sch 1 subitem 1222(3A)

    (3A) For the purposes of subparagraph (3)(aa)(iii), the classes of persons are the following: (a) Defence students; (b) Foreign Affairs students; (c) school students (within the meaning of clause 500.111 of Schedule 2); (d) classes of persons specified in an instrument under paragraph (5)(d).

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), s 2 (commencement of the whole instrument)

    The day after this instrument is registered.

• Holders of seventeen kinds of temporary visa, including visitor, working holiday, Temporary Graduate and Skills in Demand visas, can no longer apply for a Student visa in Australia.

  Law

  LIN 26/102 lists 17 table items (16 subclasses, as Subclass 482 appears twice). Two items are limited: Subclass 403 applies only to the Domestic Worker (Diplomatic or Consular) stream, and Subclass 995 only to the diplomat, not to family members.

  Sources:F2026L01348 s 6(1)F2026L01347 Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)F2026L01348 s 6(2), table item 2F2026L01348 s 6(2), table item 8F2026L01348 s 6(2), table item 9F2026L01348 s 6(2), table item 10F2026L01348 s 6(2), table item 11F2026L01348 s 6(2), table item 17

  Show the words of the law (8)

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(1)

    (1) For the purposes of subparagraph 1222(4)(a)(ii) of the Migration Regulations, the class of persons to which subsection (2) applies is specified.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 12, substituting the opening words of Sch 1 subitem 1222(4) and inserting (4A)

    (4) If the applicant is in Australia: (a) the applicant must: (i) hold a substantive visa; and (ii) not be included in a class of persons specified in an instrument under paragraph (5)(e); or (b) either subitem (4A) or (4B) must apply to the applicant. (4A) This subitem applies to an applicant if the applicant satisfies each of the following paragraphs:

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 2

    Subclass 403 Temporary Work (International Relations) | Domestic Worker (Diplomatic or Consular) stream only | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 8

    Subclass 482 (Skills in Demand) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 9

    Subclass 482 (Temporary Skill Shortage) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 10

    Subclass 485 (Temporary Graduate) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 11

    Subclass 600 (Visitor) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 17

    Subclass 995 (Diplomatic (Temporary)) | Any stream | The person was granted the visa mentioned in column 1 of this table item having satisfied the criteria in Division 995.2 of Part 995 of Schedule 2 to the Migration Regulations

• Student visa holders can no longer add family members after their visa is granted.

  Law

  Paragraph 1222(3)(e) now says a family member's application "must" be made at the same time and place as, and combined with, the student's application. A later, separate application is not possible.

  Sources:F2026L01347 Sch 1 item 10, amending Sch 1 para 1222(3)(e)F1996B03551 Sch 1 para 1222(3)(e) as it stood before 2 October 2026 (F2026L01347 item 10 substitutes “must” for “may”)

  Show the words of the law (2)

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 10, amending Sch 1 para 1222(3)(e)

    10 Paragraph 1222(3)(e) of Schedule 1 Omit “may”, substitute “must”.

  • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 para 1222(3)(e) as it stood before 2 October 2026 (F2026L01347 item 10 substitutes “must” for “may”)

    (e) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Subclass 500 (Student) visa may be made at the same time and place as, and combined with, the application by that person.

• Only higher degree by research students, Pacific Islanders, Timorese students and foreign government scholarship holders can still bring family members.

  Not correct

  This leaves out Defence and Foreign Affairs students and holders of a passport from the 10 countries in subitem 1222(5A) (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam). It also overstates the research ground: the class is for doctoral students only. And the doctoral and foreign government classes carry an unresolved drafting problem (see the next claim).

  Sources:F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(i)F2026L01347 Sch 1 item 16, amending Sch 1 subitem 1222(5A)F1996B03551 Sch 1 subitem 1222(5A), paras (a) to (e)F1996B03551 Sch 1 subitem 1222(5A), paras (f) to (j)F1996B03551 reg 1.03, definition of Pacific-regional country, paras (d) to (m)F2026L01349 LIN 20/158 s 21(2)

  Show the words of the law (6)

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(i)

    (da) An application may be made by a person (the secondary applicant) who is seeking to satisfy the secondary criteria for the grant of a Subclass 500 (Student) visa only if: (i) the applicant (the primary applicant) who is seeking to satisfy the primary criteria for the grant of that visa is a Defence student, a Foreign Affairs student or holds a passport from a Pacific-regional country or a country specified in subregulation (5A); or

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 16, amending Sch 1 subitem 1222(5A)

    After “subparagraphs (2)(a)(ib) and (ic)”, insert “and (3)(da)(i)”.

  • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 subitem 1222(5A), paras (a) to (e)

    (5A) For the purposes of subparagraphs (2)(a)(ib) and (ic), the following countries are specified: (a) Brunei; (b) Cambodia; (c) Indonesia; (d) Laos; (e) Malaysia;

  • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, Sch 1 subitem 1222(5A), paras (f) to (j)

    (f) Myanmar; (g) Philippines; (h) Singapore; (i) Thailand; (j) Vietnam.

  • Migration Regulations 1994, Compilation No. 288 (F2026C00667), volume 1, reg 1.03, definition of Pacific-regional country, paras (d) to (m)

    (d) Nauru; (e) Palau; (f) Papua New Guinea; (g) Republic of the Marshall Islands; (h) Samoa; (i) Solomon Islands; (j) Timor-Leste; (k) Tonga; (l) Tuvalu; (m) Vanuatu.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 21(2)

    (a) seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and (b) a member of the family unit of a person who: (i) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (ii) is enrolled in a course of study leading to the award of a doctoral degree.

• Doctoral students and students fully funded by a foreign government can still include family members.

  Partly law

  LIN 26/087 makes these family classes, but each is made "for the purposes of subparagraph 1222(3)(d)(vi)", which does not exist. The intent is clear, but whether the classes have effect is unresolved. Have a registered professional review this before relying on it.

  Sources:F2026L01349 LIN 20/158 ss 20(1), 21(1), 22(1) and 23(1)F2026L01349 LIN 20/158 s 20(2)(b)F2026L01349 LIN 20/158 s 21(2)F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(vi)

  Show the words of the law (4)

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 ss 20(1), 21(1), 22(1) and 23(1)

    (1) For the purposes of subparagraph 1222(3)(d)(vi) of Schedule 1 to the Regulations, the class of persons to which subsection (2) applies is specified.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 20(2)(b)

    (ii) is enrolled in either: (A) a single course of study that is fully funded by a foreign government; or (B) multiple courses of study that are all fully funded by a foreign government.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 21(2)

    (a) seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and (b) a member of the family unit of a person who: (i) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (ii) is enrolled in a course of study leading to the award of a doctoral degree.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(vi)

    (vi) the secondary applicant is included in a class of persons specified in an instrument under paragraph (5)(c).

• Research master's students are exempt from the new onshore and family rules, or it is not yet confirmed.

  Not correct

  The registered classes are for a course leading to a doctoral degree. A master's degree by research does not lead to a doctoral degree, so it is not covered.

  Sources:F2026L01349 LIN 20/158 s 16(2) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 21(2)

  Show the words of the law (2)

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 16(2) (inserted by LIN 26/087 Sch 1 item 13)

    (2) This subsection applies in relation to a class of persons where the person: (a) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (b) at the time of making the visa application—is enrolled in a course of study leading to the award of a doctoral degree.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 21(2)

    (a) seeking to satisfy the secondary criteria for the grant of a Subclass 500 visa; and (b) a member of the family unit of a person who: (i) is seeking to satisfy the primary criteria for the grant of a Subclass 500 visa; and (ii) is enrolled in a course of study leading to the award of a doctoral degree.

• None of the announced student visa changes are law yet.

  Not correct

  This was true before 2 October 2026 and is now out of date. The reform regulations, LIN 26/102 and LIN 26/087 are registered and apply to applications made on or after 2 October 2026.

  Sources:F2026L01347 s 2 (commencement of the whole instrument)F2026L01347 Sch 1 item 20, inserting Sch 13 cl 16601F2026L01348 s 2(1), table item 1 (commencement)F2026L01349 LIN 20/158 s 24

  Show the words of the law (4)

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), s 2 (commencement of the whole instrument)

    The day after this instrument is registered.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 20, inserting Sch 13 cl 16601

    The amendments made by Schedule 1 to the Migration Amendment (Student Visa Reform) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Schedule.

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 2(1), table item 1 (commencement)

    (a) on the day after this instrument is registered; and (b) immediately after the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 24

    The amendments of this instrument made by Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087) apply in relation to an application for a visa made on or after the day on which LIN 26/087 commences.

• Employer-sponsored visa holders can no longer apply for a Student visa in Australia.

  Partly law

  LIN 26/102 lists Subclass 482 (both the Skills in Demand and the Temporary Skill Shortage visa) and Subclass 457. Other employer-sponsored visas, such as Subclasses 186 and 494, are not on the list.

  Sources:F2026L01348 s 6(1)F2026L01348 s 6(2), table item 6F2026L01348 s 6(2), table item 8F2026L01348 s 6(2), table item 9

  Show the words of the law (4)

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(1)

    (1) For the purposes of subparagraph 1222(4)(a)(ii) of the Migration Regulations, the class of persons to which subsection (2) applies is specified.

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 6

    Subclass 457 (Temporary Work (Skilled)) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 8

    Subclass 482 (Skills in Demand) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 9

    Subclass 482 (Temporary Skill Shortage) | Any stream | –

• The bar on employer-sponsored visa holders applying for a Student visa in Australia started in February 2026.

  Not correct

  For Subclasses 482 and 457 it started on 2 October 2026, when LIN 26/102 commenced immediately after the reform regulations. We found no instrument changing the Student visa application rules that commenced in February 2026.

  Sources:F2026L01348 s 2(1), table item 1 (commencement)F2026L01347 s 2 (commencement of the whole instrument)F2026L01348 s 6(2), table item 6F2026L01348 s 6(2), table item 8F2026L01348 s 6(2), table item 9

  Show the words of the law (5)

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 2(1), table item 1 (commencement)

    (a) on the day after this instrument is registered; and (b) immediately after the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), s 2 (commencement of the whole instrument)

    The day after this instrument is registered.

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 6

    Subclass 457 (Temporary Work (Skilled)) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 8

    Subclass 482 (Skills in Demand) | Any stream | –

  • Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), s 6(2), table item 9

    Subclass 482 (Temporary Skill Shortage) | Any stream | –

• Students who came to Australia for higher education can no longer move to a vocational (VET) course.

  Partly law

  This is law only for an application made in Australia under the course progression class: where the completed course was a higher education course, the further course must be a higher education course delivered by a higher education provider. That class is an exemption from applying outside Australia, so it does not limit an application made from outside Australia, and no general ban on changing course is registered.

  Sources:F2026L01349 LIN 20/158 s 19(3)F2026L01349 Sch 1 item 2, inserting LIN 20/158 s 4 definition of higher education providerF2026L01347 Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)F2026L01347 Sch 1 item 11, inserting Sch 1 subitem 1222(3A)

  Show the words of the law (4)

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 19(3)

    (3) If the principal course mentioned in subparagraph (2)(c)(i) or (ii) has an AQF level attributed to it, the further course of study mentioned in paragraph (2)(d) must: (a) have a higher AQF level than the course mentioned in subparagraph (2)(c)(i) or (ii); and (b) if the principal course mentioned in subparagraph (2)(c)(i) or (ii) was a higher education course, the further course of study mentioned in paragraph (2)(d) must be a higher education course delivered by a higher education provider.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), Sch 1 item 2, inserting LIN 20/158 s 4 definition of higher education provider

    higher education provider has the meaning given by section 16-1 of the Higher Education Support Act 2003.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 7, inserting Sch 1 para 1222(3)(aa)

    (aa) An applicant who: (i) seeks to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa; and (ii) holds a Subclass 500 (Student) visa (whether on the basis of satisfying the primary criteria or the secondary criteria for the grant of that visa); and (iii) in the case that the applicant holds that visa on the basis of satisfying the primary criteria for the grant of that visa—is not included in a class of persons specified in subitem (3A); must be outside Australia.

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 11, inserting Sch 1 subitem 1222(3A)

    (3A) For the purposes of subparagraph (3)(aa)(iii), the classes of persons are the following: (a) Defence students; (b) Foreign Affairs students; (c) school students (within the meaning of clause 500.111 of Schedule 2); (d) classes of persons specified in an instrument under paragraph (5)(d).

• Students can now change course only to one at the same level or higher.

  Partly law

  For an application in Australia under the course progression class, the further course must have a higher AQF level than the completed course; the same level is not enough. Separately, a Student visa holder who has started, but not finished, an alternative principal course with the same provider, and will finish it within 12 months of the end date on its confirmation of enrolment, is in an exempt class.

  Sources:F2026L01349 LIN 20/158 s 19(3)F2026L01349 LIN 20/158 s 18(2) (inserted by LIN 26/087 Sch 1 item 13)

  Show the words of the law (2)

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 19(3)

    (3) If the principal course mentioned in subparagraph (2)(c)(i) or (ii) has an AQF level attributed to it, the further course of study mentioned in paragraph (2)(d) must: (a) have a higher AQF level than the course mentioned in subparagraph (2)(c)(i) or (ii); and (b) if the principal course mentioned in subparagraph (2)(c)(i) or (ii) was a higher education course, the further course of study mentioned in paragraph (2)(d) must be a higher education course delivered by a higher education provider.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 18(2) (inserted by LIN 26/087 Sch 1 item 13)

    (b) at the time of making the visa application, holds a Subclass 500 visa; and (c) either: (i) has commenced the principal course for which the visa mentioned in paragraph (b) was granted; or (ii) has commenced an alternative principal course with the same provider and that course is not inconsistent with the conditions of the visa mentioned in paragraph (b); and (d) has not completed the principal course mentioned in subparagraph (c)(i) or (ii); and (e) will complete the principal course mentioned in subparagraph (c)(i) or (ii) within 12 months of the end date specified in the confirmation of enrolment issued for that principal course.

• Similar family restrictions now apply to Temporary Graduate (subclass 485) visa holders.

  Announced, not law

  This has been announced, but no registered instrument changes the Subclass 485 family rules. The family restrictions that are law apply to Student (subclass 500) applications.

  Sources:F2026L01347 Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(i)F2026L01347 Sch 1 item 10, amending Sch 1 para 1222(3)(e)

  Show the words of the law (2)

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 9, inserting Sch 1 subpara 1222(3)(da)(i)

    (da) An application may be made by a person (the secondary applicant) who is seeking to satisfy the secondary criteria for the grant of a Subclass 500 (Student) visa only if: (i) the applicant (the primary applicant) who is seeking to satisfy the primary criteria for the grant of that visa is a Defence student, a Foreign Affairs student or holds a passport from a Pacific-regional country or a country specified in subregulation (5A); or

  • Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Sch 1 item 10, amending Sch 1 para 1222(3)(e)

    10 Paragraph 1222(3)(e) of Schedule 1 Omit “may”, substitute “must”.

• From mid-2027, students changing provider after arriving in Australia will have to apply through a new Student visa transfer stream.

  Announced, not law

  No instrument creating a transfer stream is registered. This page covers the Student visa rules only. Among them, LIN 20/158 limits who can apply in Australia for a further Student visa after finishing or part-way through a course. Rules for education providers on student transfers are not assessed here.

  Sources:F2026L01349 LIN 20/158 s 18(2) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 19(2)(c) and (d) (inserted by LIN 26/087 Sch 1 item 13)F2026L01349 LIN 20/158 s 19(3)

  Show the words of the law (3)

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 18(2) (inserted by LIN 26/087 Sch 1 item 13)

    (b) at the time of making the visa application, holds a Subclass 500 visa; and (c) either: (i) has commenced the principal course for which the visa mentioned in paragraph (b) was granted; or (ii) has commenced an alternative principal course with the same provider and that course is not inconsistent with the conditions of the visa mentioned in paragraph (b); and (d) has not completed the principal course mentioned in subparagraph (c)(i) or (ii); and (e) will complete the principal course mentioned in subparagraph (c)(i) or (ii) within 12 months of the end date specified in the confirmation of enrolment issued for that principal course.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 19(2)(c) and (d) (inserted by LIN 26/087 Sch 1 item 13)

    (i) the principal course for which the visa mentioned in paragraph (b) was granted; or (ii) an alternative principal course that was not inconsistent with the conditions of that visa; and (d) subject to subsections (3) and (4), is enrolled in no more than one further course of study.

  • Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), LIN 20/158 s 19(3)

    (3) If the principal course mentioned in subparagraph (2)(c)(i) or (ii) has an AQF level attributed to it, the further course of study mentioned in paragraph (2)(d) must: (a) have a higher AQF level than the course mentioned in subparagraph (2)(c)(i) or (ii); and (b) if the principal course mentioned in subparagraph (2)(c)(i) or (ii) was a higher education course, the further course of study mentioned in paragraph (2)(d) must be a higher education course delivered by a higher education provider.