What changed for Australian Student visas on 2 October 2026?

From 2 October 2026, three legislative instruments made on 1 October 2026 restrict onshore Subclass 500 (Student) visa applications. Most current Student visa holders, and holders of 17 listed temporary visas, must now apply from outside Australia and remain offshore until the visa is granted. Family members can be included only in specified cases, and only in the same application.

The changes at a glance:

• Offshore lodgement: a person who already holds a Subclass 500 visa and applies again as the main student must apply from outside Australia, unless an exemption applies.
• Offshore at grant: anyone required to apply offshore must also be outside Australia when the visa is granted.
• 28-day onshore window removed: a person whose Student visa has expired can no longer apply onshore within 28 days. A narrow route remains only after a successful Administrative Review Tribunal (ART) cancellation review.
• 17 other visa types blocked onshore: holders of visas including Subclass 482, 485, 417, 462 and 600 must apply for a Student or Student Guardian visa from outside Australia.
• Onshore exemptions: Defence students, Foreign Affairs students, school students, doctoral students, students affected by provider default, students finishing their current course within 12 months, and students progressing to a higher-level course.
• Family members restricted: partners and children can be included only in listed cases, must apply at the same time and place as the student, and can no longer be added after grant.
• Pending applications protected: applications lodged before 2 October 2026 are assessed under the previous rules.

This article is based solely on the three instruments as made and their Explanatory Statements on the Federal Register of Legislation. It was reviewed on 3 October 2026.

What are F2026L01347, F2026L01348 and F2026L01349?

F2026L01347, F2026L01348 and F2026L01349 are a package of three Commonwealth legislative instruments registered on 1 October 2026 and administered by the Department of Home Affairs. The first rewrites the Student visa rules in the Migration Regulations 1994. The second and third are ministerial instruments that fill in who must apply offshore and who is exempt.

The three instruments work as one system. F2026L01347 sets the new rules and creates three powers for the Minister to specify classes of persons. F2026L01348 uses one of those powers to list the visa holders who must apply offshore. F2026L01349 uses the other two to list the students and family members who are exempt. F2026L01348 and F2026L01349 do not commence at all unless F2026L01347 commences.

The Explanatory Statement for F2026L01347 records that the Department consulted the Department of Education and the Department of Employment and Workplace Relations, and that non-government organisations were not consulted.

What does the Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347) change?

The Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347) amend item 1222 of Schedule 1 and Part 500 of Schedule 2 of the Migration Regulations 1994. From 2 October 2026, most people who already hold a Subclass 500 (Student) visa must apply for their next Student visa from outside Australia, must stay outside Australia until it is granted, and can include family members only in limited cases.

The instrument was made by the Governor-General on 1 October 2026 and commenced the day after registration, on 2 October 2026. The Explanatory Statement says the purpose is to reduce use of the Student visa “as a means for extending stay in Australia” and to narrow “visa hopping” between successive temporary visas.

Change 1: Student visa holders must apply offshore for a further Student visa

Before 2 October 2026: Item 1222 allowed a Student visa applicant to be in or outside Australia, but not in immigration clearance. The only exception was a person holding a substantive temporary visa specified by the Minister, who had to apply from outside Australia.

From 2 October 2026: New paragraph 1222(3)(aa) says a person who applies as a primary applicant and already holds a Subclass 500 visa must be outside Australia to lodge. This applies whether the current Student visa was granted as a primary or secondary applicant.

Who is exempt: Only a person who holds their current Student visa as the primary applicant and falls into a class in new subitem 1222(3A):

• Defence students
• Foreign Affairs students
• school students, as defined in clause 500.111 of Schedule 2
• any further class the Minister specifies by legislative instrument under new paragraph 1222(5)(d)

What it means: A dependent spouse or child who holds a Student visa as a secondary applicant, and now wants their own Student visa as the main student, cannot use the school-student or other exemptions. They must apply from outside Australia. An application lodged onshore by someone required to be offshore is not a valid application, and the Explanatory Statement notes the Minister is not to consider an invalid application.

Change 2: The 28-day “recently held a Student visa” pathway is removed

Before: Subparagraph 1222(4)(b)(i) let a person apply onshore without a substantive visa if they had held a Student visa in the last 28 days.

From 2 October 2026: That subparagraph is repealed. The Explanatory Statement says this stops a Student visa holder from getting around the offshore rule by letting their visa expire and then applying from inside Australia.

The one remaining onshore route without a substantive visa is new subitem 1222(4B). It applies only if all of the following are true:

1. the applicant does not hold a substantive visa, and their last substantive visa was a student visa
2. that visa was cancelled, and the Administrative Review Tribunal (ART) set aside the cancellation decision (or the Minister’s decision not to revoke it) and substituted a new decision
3. the ART’s decision was made after the visa had already ceased
4. the new application is made within 28 days of being notified of the ART’s decision (under section 368(7) or 379C of the Migration Act 1958)
5. the applicant has never before been granted a visa on an application made while not holding a substantive visa

Change 3: People required to apply offshore must also be offshore at grant

Before: Clause 500.411 of Schedule 2 let an applicant be in or outside Australia at the time of grant, but not in immigration clearance.

From 2 October 2026: New subclause 500.411(1) requires the applicant to be outside Australia at grant if they were outside Australia when applying because paragraph 1222(3)(aa) required it, or because they could not meet subitem 1222(4). Everyone else may still be in or outside Australia at grant (subclause 500.411(2)).

What it means: The Explanatory Statement describes the practice this closes. Previously, a person required to lodge offshore could leave Australia briefly, lodge, return, and then seek a bridging visa while waiting. A bridging visa generally needs an application for a visa that can be granted in Australia (paragraph 010.211(2)(a)). Because these Student visas now cannot be granted onshore, that sequence no longer works.

Change 4: Family members can be included only in listed cases

Before: Any member of the student’s family unit (described in the Explanatory Statement as generally the student’s spouse and children) could be included as a secondary applicant. Family members could also apply later, after the student’s visa was granted, as “subsequent entrants”.

From 2 October 2026: New paragraph 1222(3)(da) allows a secondary applicant to apply only if one of these applies:

• the primary applicant is a Defence student or a Foreign Affairs student
• the primary applicant holds a passport from a Pacific-regional country, or from a country listed in subregulation 1222(5A) (the Explanatory Statement says these are ASEAN member countries, and that Timor-Leste is covered as a Pacific-regional country)
• the secondary applicant is in Australia and, on 2 October 2026, held a Subclass 500 visa as a secondary applicant of the same primary applicant
• the secondary applicant is in Australia and had applied before 2 October 2026 for a Student visa that was granted on or after that date as a secondary applicant
• the secondary applicant is a child born in Australia on or after 2 October 2026 to a primary applicant who held, or had applied for and was later granted, a Student visa at that date
• the secondary applicant is in a class the Minister specifies by instrument under new paragraph 1222(5)(c)

What it means: Most new international students who are not from a Pacific or ASEAN country, and are not Defence or Foreign Affairs students, can no longer bring a partner or children on their Student visa. The transitional limbs protect families who were already in Australia on 2 October 2026, but only when the student is eligible to apply again from inside Australia.

Change 5: All family members must apply at the same time and place

Before: Paragraph 1222(3)(e) said family members may apply at the same time and place as the student.

From 2 October 2026: The word “may” is replaced with “must”. The Explanatory Statement confirms two effects. First, a family member can no longer be added to a Student visa after grant. Second, if one person in the family must apply from outside Australia, the whole family must apply from outside Australia.

Consequential changes follow. The separate visa application charge (VAC) rates for a secondary applicant lodging separately are repealed (sub-subparagraphs 1222(2)(a)(ia)(C), (ib)(C) and (ic)(C)), and clause 500.311 no longer distinguishes family members who joined before and after grant. The Explanatory Statement says Subclass 590 (Student Guardian) VAC is unaffected.

Change 6: Three new ministerial powers replace the old visa list power

Old paragraph 1222(5)(c) let the Minister list substantive temporary visas whose holders had to apply offshore. It is replaced by three powers to specify classes of persons:

The power in paragraph 1222(5)(e) is the one used by F2026L01348, explained in the next section.

Do the changes apply to applications already lodged?

No. New Part 166 of Schedule 13 says the amendments apply to applications made on or after 2 October 2026. The Explanatory Statement confirms that Student visa applications lodged before that date and not yet decided are not affected by the new application and grant criteria.

Which visa holders must apply for a Student visa from outside Australia under F2026L01348?

The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (F2026L01348, LIN 26/102) lists 17 classes of temporary visa holders who cannot lodge a Subclass 500 (Student) or Subclass 590 (Student Guardian) visa application while in Australia. It includes holders of Subclass 482, 485, 417, 462 and 600 visas, and took effect on 2 October 2026.

The instrument was made by the Assistant Minister for Citizenship, Customs and Multicultural Affairs on 1 October 2026 under new paragraph 1222(5)(e). It commences on the later of the day after registration and immediately after F2026L01347 commences, and does not commence at all if F2026L01347 does not. Its Explanatory Statement says the aim is to stop people who entered Australia “for a purpose other than study” from using a Student or Student Guardian visa to prolong their stay.

The 17 classes of persons

Source: section 6 of F2026L01348.

The Explanatory Statement adds three points. For 15 of the 17 classes, the rule applies regardless of stream and regardless of whether the person holds the visa as a primary or secondary applicant. Closed visas such as the Subclass 482 (Temporary Skill Shortage) and Subclass 457 remain listed because some people still hold them. The classes were chosen “based on assessment of data related to onshore applications”.

What did the previous rule say?

Before 2 October 2026: The offshore requirement for these applicants came from the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068), made under the old paragraph 1222(5)(c). That instrument specified visas. According to the Explanatory Statement, LIN 26/068 had itself replaced instrument 2016/016 ahead of that instrument’s sunset date of 1 October 2026.

From 2 October 2026: F2026L01348 repeals LIN 26/068 in full (Schedule 1) and replaces it with a list of classes of persons. A class is defined by three tests together: the subclass held, the stream under which it was granted, and any extra requirement in column 3. This lets the list target a single stream (as for Subclass 403) or only primary holders (as for Subclass 995).

The Explanatory Statement for F2026L01348 does not reproduce the list in LIN 26/068. This article therefore does not state which subclasses are newly added and which were carried over. Check the repealed instrument on the Federal Register of Legislation before advising on that point.

What are the consequences for these visa holders?

• An onshore Subclass 500 or 590 application by a person in any of the 17 classes does not meet subparagraph 1222(4)(a)(ii), so it is not a valid application. Under section 47(3) of the Migration Act 1958, the Minister will not consider it.
• Because new clause 500.411(1) applies to anyone who could not meet subitem 1222(4), a person in these classes who lodges offshore must also remain outside Australia until the Student visa is granted.
• Under the combined application rule in F2026L01347, if one family member is in a listed class and must apply offshore, every family member in that application must apply offshore.
• The instrument is exempt from disallowance by Parliament, so its list operates without a disallowance period. The Minister can change it by a further instrument.

Which Student visa holders can still apply in Australia under F2026L01349?

The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (F2026L01349, LIN 26/087) creates 4 extra classes of Student visa holders who may still apply onshore: doctoral students, students affected by provider default, students completing their current course within 12 months, and students progressing to a higher-level course. It also creates 4 family classes and repeals COVID-era nil-charge classes.

The instrument amends the existing LIN 20/158 instrument, which previously dealt only with classes of persons for nil visa application charge (VAC) arrangements. It was made by the Assistant Minister on 1 October 2026 under subitem 1222(5) and commences on the same terms as F2026L01348. Section 24 applies the amendments only to applications made on or after its commencement.

Exemption 1: Doctoral students (section 16)

A primary applicant who, when applying, is enrolled in a course of study leading to a doctoral degree may apply onshore. The Explanatory Statement links this to the research and innovation contribution of doctoral students.

Exemption 2: Provider default (section 17)

A primary applicant may apply onshore if all of these apply:

• they could not complete a registered course because of provider default, and were enrolled in it on the provider default day
• they need a further Student visa to complete an alternative registered course, or other registered courses after an alternative course
• they apply within 12 months after the provider default day
• they have not already made a visa application because of the same provider default

The definition of provider default is also replaced. It now means the course does not start on the agreed day, stops after it starts but before completion, or is not provided in full. It expressly includes these events where they result from a sanction, suspension or cancellation under Divisions 1, 1AB or 2 of Part 6 of the Education Services for Overseas Students Act 2000.

Exemption 3: Completion of studies (section 18)

A current Subclass 500 holder may apply onshore to finish the course they started if:

• they have commenced the principal course for which their visa was granted, or an alternative principal course with the same provider that is consistent with their visa conditions
• they have not yet completed it
• they will complete it within 12 months of the end date on the confirmation of enrolment for that course

The principal course is the course with the highest Australian Qualifications Framework (AQF) level. The Explanatory Statement is explicit that students who transferred to a principal course with a new provider cannot use this exemption.

Exemption 4: Course progression (section 19)

A current Subclass 500 holder who has completed their principal course (or a permitted alternative principal course) may apply onshore for no more than 1 further course of study, if that course is a step up:

Source: section 19(3) and (4) of F2026L01349 and its Explanatory Statement.

What it means: Moving sideways or downwards, such as from one bachelor degree to another or from a master’s degree to a diploma, does not fit this exemption. A student in that position must apply offshore unless another exemption applies.

The 4 new family classes (sections 20 to 23)

F2026L01349 does not create a family class linked to the course progression exemption. A family in that situation must rely on another limb of paragraph 1222(3)(da), such as the transitional limbs for families already on Student visas at 2 October 2026.

Drafting note for practitioners: Sections 20 to 23 of the instrument refer to “subparagraph 1222(3)(d)(vi)”. F2026L01347 inserted the family-class pathway at subparagraph 1222(3)(da)(vi), and the Explanatory Statement describes the classes by reference to paragraph 1222(3)(da). Watch the Federal Register for any correcting instrument before relying on these sections in a borderline case.

What was removed?

Before: LIN 20/158 sections 10, 13, 14 and 15 specified classes eligible for a nil VAC on a Student visa application. Section 10 covered family members of a “subsequent person” (a secondary applicant applying after the student’s visa was granted). Sections 13 to 15 covered Student visa holders affected by the COVID-19 pandemic.

From commencement: All 4 sections are repealed, along with the definitions of PHEIC, relevant PHEIC, reapplying applicant and subsequent person. The Explanatory Statement says the COVID-19 arrangements “were not intended to be permanent”, and the subsequent-person class is unnecessary now that all family members must apply together. The remaining nil VAC classes move into a new Division 1, headed “VAC arrangements”.

How do the old and new Student visa rules compare?

The 2026 Student visa reforms change 12 rules across item 1222 of Schedule 1, Part 500 of Schedule 2 and the LIN 20/158 instrument. The largest shifts are offshore lodgement for current Student visa holders, offshore grant, the end of the 28-day onshore window, and the end of subsequent-entrant family applications.

Sources: F2026L01347 and its Explanatory Statement; F2026L01348 and its Explanatory Statement; F2026L01349 and its Explanatory Statement.

Who is affected by the 2026 Student visa changes?

The 2026 Student visa changes affect current Subclass 500 holders planning another course, dependants on Student visas, Temporary Graduate (Subclass 485), skilled worker, working holiday and visitor visa holders wanting to study, and international students with partners or children. Only applications lodged on or after 2 October 2026 are affected.

Can I apply for a Student visa in Australia?

Everyone in a “No” row must also stay outside Australia until the visa is granted (clause 500.411(1)). Every row is subject to the other validity and grant criteria for the Subclass 500 visa.

What happens to international students’ families?

• New students from most countries cannot include a partner or children unless the student is a Defence student, a Foreign Affairs student, a doctoral student, or studying in courses fully funded by a foreign government.
• Pacific-regional and ASEAN passport holders can still include family members, under subparagraph 1222(3)(da)(i).
• Families already in Australia on 2 October 2026 are protected by the transitional limbs only when the student is eligible to apply again from inside Australia. Those limbs require the family member to be in Australia, so they do not help a family that must lodge offshore.
• One offshore, all offshore: if any member of the family must apply from outside Australia, the whole family must apply from outside Australia.
• No later additions: a new partner, or a child born outside Australia after grant, cannot be added as a subsequent entrant. The Explanatory Statement notes that a child born in Australia is taken to hold the same visa as their parent under section 78 of the Migration Act 1958.

What are the wider consequences?

The Explanatory Statement for F2026L01347 states the Government’s expectations directly. The changes are intended to reduce the number of temporary migrants in Australia by narrowing “visa hopping” through successive onshore applications. It also expects fewer applications to the ART for review of Student visa refusals, because fewer applications will be lodged onshore.

The same document acknowledges the human cost. It accepts that the family restrictions may cause temporary family separation, and that the offshore lodgement rule creates an additional barrier to accessing education in Australia. It concludes that these limits are reasonable, necessary and proportionate to the objective of strengthening the integrity of the Student visa program.

What should Student visa holders and families do now?

Student visa holders and their families should check, before their current visa expires, whether they fall into an onshore exemption under the 2026 rules. The key facts are the visa subclass and stream held, the principal course and its confirmation of enrolment end date, the AQF level of the next course, and each family member’s visa.

Work through these checks in order:

1. Confirm the visa you hold today. Check the subclass, the stream, and whether you hold it as the main applicant or as a family member. These three facts decide whether paragraph 1222(3)(aa) or F2026L01348 applies to you.
2. Check your course position. Find your principal course (the one with the highest AQF level), whether you have started or completed it, and the end date on its confirmation of enrolment.
3. Test the onshore exemptions. Compare your situation with the 4 classes in LIN 20/158 sections 16 to 19 and the 3 classes in subitem 1222(3A). If none applies, plan to apply from outside Australia.
4. Do not rely on the old 28-day window. If your Student visa expires, you generally cannot lodge a new Student visa application onshore, unless the limited circumstances in subitems 1222(4A) or (4B) apply.
5. Plan for time outside Australia. If you must apply offshore, you must also be outside Australia when the visa is granted. The Explanatory Statement says this is designed to stop applicants lodging offshore and then returning to Australia on a bridging visa to wait for the decision.
6. Map each family member separately. Identify which limb of paragraph 1222(3)(da), if any, covers each partner or child. Remember that the whole family must lodge together, in the same place.
7. Keep records of your application date. Applications made before 2 October 2026 are assessed without the new criteria. If you lodged before that date, keep your lodgement confirmation.
8. Watch for further instruments. The Minister can add or change classes under paragraphs 1222(5)(c), (d) and (e) at any time. Check the Federal Register of Legislation before lodging.

An application lodged onshore by someone required to be offshore is not a valid application, and the Minister will not consider it. The Department of Home Affairs decides every application against the criteria in force when it is lodged, so get advice from a registered migration agent or Australian legal practitioner before you lodge if your situation is borderline.

Frequently asked questions about the 2026 Student visa changes

Can I apply for a new Student visa while in Australia after 2 October 2026?

Only if you are exempt. From 2 October 2026, a person who holds a Subclass 500 (Student) visa and applies again as the main student must apply from outside Australia. Exemptions cover Defence, Foreign Affairs, school and doctoral students, students affected by provider default, students finishing their course within 12 months, and students moving to a higher AQF level.

Do the new Student visa rules apply to applications lodged before 2 October 2026?

No. Part 166 of Schedule 13 to the Migration Regulations 1994 applies the Student Visa Reform amendments only to applications made on or after 2 October 2026. The Explanatory Statement confirms that Student visa applications lodged before that date and not yet decided are not affected by the new application and grant criteria.

Can a Subclass 485 (Temporary Graduate) visa holder apply for a Student visa in Australia?

No. From 2 October 2026, F2026L01348 lists holders of a Subclass 485 (Temporary Graduate) visa, in any stream, as a class who must apply for a Subclass 500 (Student) visa from outside Australia. They must also be outside Australia when the Student visa is granted, under clause 500.411(1) of Schedule 2.

Can I include my partner and children in my Student visa application from 2 October 2026?

Only in listed cases. Family members can be included if the student is a Defence or Foreign Affairs student, holds a Pacific-regional or ASEAN passport, is a doctoral student, or studies in courses fully funded by a foreign government. Transitional, provider-default and course-completion protections also apply to some families already holding Student visas in Australia.

Can I add family members to my Student visa after it is granted?

No. From 2 October 2026, paragraph 1222(3)(e) of Schedule 1 requires all applicants for a Student visa to apply at the same time and place. The Explanatory Statement confirms that a family member can no longer be added to a Student visa after grant as a subsequent entrant, including a new partner or a child born overseas.

Can I apply for a Student visa offshore and then wait in Australia on a bridging visa?

Not if you were required to apply offshore. New clause 500.411(1) requires these applicants to be outside Australia when the Student visa is granted. The Explanatory Statement says this closes the practice of leaving Australia briefly to lodge, returning, and applying for a bridging visa while waiting for a decision.

What happens if I lodge a Student visa application in Australia when I must apply offshore?

The application is not valid. A Student visa application that does not meet the location requirements in item 1222 of Schedule 1 is not a valid application, and under section 47(3) of the Migration Act 1958 the Minister will not consider it. Confirm your eligibility to lodge onshore before you apply.

Can I let my Student visa expire and then apply for a new one within 28 days?

No. F2026L01347 repealed subparagraph 1222(4)(b)(i), which allowed a person who held a Student visa in the previous 28 days to apply onshore without a substantive visa. A 28-day onshore route now remains only where the ART set aside a cancellation decision after the Student visa had already ceased.

Which Student visa holders are exempt from the offshore application rule?

Main students who are Defence students, Foreign Affairs students or school students are exempt under subitem 1222(3A). F2026L01349 adds doctoral students, students affected by provider default who apply within 12 months, students finishing their principal course within 12 months, and students progressing to one course at a higher AQF level.

Do the changes affect the Subclass 590 (Student Guardian) visa?

Partly. Holders of the 17 classes of visa listed in F2026L01348 must apply for a Subclass 590 (Student Guardian) visa from outside Australia. The offshore rule for current Student visa holders and the family restrictions apply only to the Subclass 500 visa, and the Explanatory Statement says Student Guardian visa charges are unaffected.

Sources, method and author

This article relies only on the three instruments as made and their Explanatory Statements, all published on the Federal Register of Legislation and opened on 3 October 2026. Statements about the law before 2 October 2026 are taken from those Explanatory Statements and from the provisions the instruments amend or repeal.

Limits of this article: It does not compare the visa list in the repealed LIN 26/068 with the new list, because the sources above do not reproduce LIN 26/068. It does not cover Department of Home Affairs processing practice, fees in dollar terms or processing times. The instruments can be amended at any time; check the “All versions” tab on each Federal Register page before relying on this article.

Author: Verified and cross checked authorized by Registered Migration Agents of Visayab Migration Services.