Australia’s student visa system is changing significantly. From 2 October 2026, new rules will affect where some applicants can apply for a Student visa (subclass 500), whether family members can be included, and where applicants must be when their visa is granted.
These changes are especially important for people already in Australia who are considering applying for another Student visa, and for students planning to bring a partner or child to Australia later.
What Is Changing?
The Migration Amendment (Student Visa Reform) Regulations 2026 and related legislative instruments introduce new restrictions on Student visa applications made in Australia. The stated aim is to reinforce the temporary and study-related purpose of the Student visa and reduce the use of successive temporary visa applications to remain in Australia.
The new provisions apply to visa applications made on or after 2 October 2026. According to the explanatory statement, applications lodged before commencement and not yet decided are not affected by the amended application and grant criteria.
Can I Apply for Another Student Visa While I Am in Australia?
In general, a person who already holds a Student visa and applies for a further Student visa as a primary applicant must be outside Australia when the new application is made.
This restriction can apply whether the current Student visa was granted on the basis of the primary or secondary criteria. However, there are exceptions. For example, some applicants may be able to apply onshore if they are:
- a Defence student, Foreign Affairs student or school student;
- enrolled in a doctoral degree;
- unable to complete their course because of a provider default and meet the specific time and course requirements;
- seeking a further visa to complete their principal course within the prescribed period; or
- demonstrating course progression.
These exceptions are specific. The applicant must meet the criteria in the relevant regulation or legislative instrument — simply intending to continue studying does not automatically qualify.
Some Other Visa Holders May Also Need to Apply Offshore
A separate instrument specifies classes of people who may only make a Student visa or Student Guardian visa application from outside Australia.
The specified visa subclasses include, among others, 400, 407, 408, 417, 462, 482, 485 and 600, as well as certain holders of visas in subclasses 403 and 995. The precise scope can depend on the visa subclass, stream and, in some cases, whether the person is the primary visa holder.
This means that a person’s current or previous visa may affect whether they can make a valid Student visa application while in Australia. It is important to check the exact subclass and stream before making plans.
You May Need to Remain Offshore Until the Visa Is Granted
For some applicants, applying offshore is only part of the requirement. If the rules required the applicant to be outside Australia when they applied, they must also be outside Australia when the Student visa is granted.
A similar grant-stage requirement can apply where the applicant did not meet the criteria to make the application in Australia. Applicants should therefore consider their location not only when lodging, but also while the application is being processed.
New Restrictions on Family Members
The reforms also limit when a partner or child can apply for a Student visa as a secondary applicant.
A secondary application may be permitted in specified circumstances, including where the primary applicant:
- is a Defence student or Foreign Affairs student;
- holds a passport from a Pacific regional country or an ASEAN member country; or
- falls within another class specified by legislative instrument.
There are also limited transitional arrangements for certain family members already in Australia and for children born in Australia in the circumstances set out in the regulations.
Additional specified classes include family members of some doctoral students and foreign government scholarship recipients, as well as certain family members connected with a provider default or a student who needs a further visa to complete their principal course.
These provisions do not create a general right for family members to join a Student visa holder later. Eligibility depends on the precise circumstances and the applicable exception.
Family Members Must Generally Apply Together
Where secondary applicants are eligible to apply, they must generally lodge at the same time and in the same place as the primary applicant.
This can have a significant practical effect. If one member of the family is required to apply offshore, the family may need to make the combined application offshore. The reforms also substantially restrict the usual option of applying later as a subsequent entrant after the primary applicant’s Student visa has been granted.
Limited Onshore Pathway Following an ART Decision
The regulations include a narrow exception for certain applicants who no longer hold a substantive visa after the cancellation of a previous Student visa.
The exception may apply where the Administrative Review Tribunal (ART) sets aside and substitutes the cancellation decision, or a relevant decision not to revoke the cancellation, after the previous visa has ceased to be in effect. The person must apply within 28 days of notification of the ART decision and meet the other specified requirements.
This is a limited pathway and should not be treated as a general onshore application option.
What Should Student Visa Applicants Do Now?
Before lodging a Student visa application, check:
- Your current visa subclass and stream, and whether it is included in a specified offshore-only class.
- Whether you currently hold a Student visa and, if so, whether an exception allows you to apply onshore.
- Whether your course and study history meet the precise requirements for an exception, including any AQF-level, provider and time limits.
- Whether your partner or child can apply as a secondary applicant under one of the limited categories.
- Where every applicant must be at lodgement and at the time of grant.
A mistake about whether an application can validly be made in Australia can have serious consequences. A family’s eligibility may also differ depending on the primary applicant’s passport, course, visa history and circumstances.
Frequently Asked Questions
When do the new Student visa rules start?
The Migration Amendment (Student Visa Reform) Regulations 2026 commence on 2 October 2026. The related instruments are linked to the commencement of those Regulations.
Do the new rules affect applications lodged before 2 October 2026?
The explanatory statement says that Student visa applications lodged before commencement and not yet finalised are not affected by the amended application and grant criteria.
Can a current Student visa holder apply for another Student visa onshore?
Generally, a Student visa holder applying as a primary applicant must apply offshore, unless they fall within a specified exception. The exceptions have detailed requirements and need to be assessed individually.
Can I add my partner or child after my Student visa is granted?
The reforms significantly restrict subsequent entrant applications. Family members may apply only in specified circumstances, and where eligible they generally need to apply at the same time and place as the primary applicant.
If I apply offshore, can I return to Australia while my Student visa is being processed?
Some applicants must remain outside Australia until the visa is granted. Whether that requirement applies depends on why the application had to be made offshore.
Planning a Student Visa Application?
These reforms change the options available to current visa holders, prospective students and their families. Before lodging, confirm that each applicant is eligible, that the application can be made in the proposed location, and that all family members meet the applicable criteria.
At Giro Migration we have extensive experience on student visas. If you wish to discuss further, reach out to book a time.
This article provides general information only and is not immigration advice for an individual case. Eligibility should be assessed against the legislation and the applicant’s full circumstances.