Quick Answer
From 2 October 2026, the Migration Amendment (Student Visa Reform) Regulations 2026 change who can apply for a Student visa (subclass 500) from inside Australia. Current student visa holders who want a new student visa must now apply from outside Australia, unless they fall into an exempt group: moving up to a higher AQF-level course, finishing their current course, doctoral students, provider-default cases, school students, and Defence or Foreign Affairs students. Holders of 17 other visas, now including 482, 407, 408, 417, 462 and 400, can no longer lodge a student visa onshore at all. Most students can no longer add family members. The exceptions are PhD students, Pacific and ASEAN passport holders, foreign-government-funded students, and families already here. Separately, a 12-month provider-transfer restriction applies until 30 June 2027. None of this affects applications lodged before 2 October 2026.
On 17 September 2026, Tony Burke announced a crackdown on student “visa hopping”. At the time there were few details and no start date. On 1 October 2026 the government registered the actual law: one set of amending Regulations and three legislative instruments, all starting on 2 October 2026. This guide is based directly on those instruments and their official explanatory statements, not on media summaries. It explains exactly what has changed, who is exempt and what to do if you are studying in Australia now.
On a student visa and not sure whether you can still apply onshore? Umar Ashraf (MARA #2619222) and our education consultancy team can check your exact situation in English, Urdu, Punjabi and Hindi. Book a free consultation →
What Was Made Law on 1 October 2026
Four instruments were registered on the Federal Register of Legislation on 1 October 2026. They work as one package:
- Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347). These amend Schedule 1, item 1222 of the Migration Regulations 1994. They limit onshore student visa applications by current students and limit family members. Start date: 2 October 2026.
- Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349). This sets out who is exempt, including the “course progression” (qualification-scale) rule.
- Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348). This lists the 17 visas whose holders cannot apply for a student visa onshore.
- National Code of Practice Amendment (Overseas Student Transfers) Instrument 2026 (F2026L01351). This extends the provider-transfer restriction from 6 months to 12 months until 30 June 2027.
Who is protected: Schedule 13, Part 166 of the Regulations states that the changes apply only to visa applications made on or after 2 October 2026. If you lodged before that date, your application is assessed under the old rules. Your current visa is not cancelled or shortened by any of these changes.
Change 1: Current Student Visa Holders Must Generally Apply Offshore
This is the biggest change, and most early media coverage missed it. A new paragraph 1222(3)(aa) says that a person who already holds a Subclass 500 visa and applies for another one as the main applicant must be outside Australia when they apply. The exempt groups are listed below.
If you apply from outside Australia because of this rule, new clause 500.411 also requires you to be outside Australia when the visa is granted.
Who Can Still Apply Onshore (the Exempt Classes)
A current student visa holder can still apply in Australia if they fall into one of these groups, set out in Regulation 1222(3A) and LIN 26/087:
| Exempt class | What it means in practice |
|---|---|
| Course progression (the “qualification scale”) | You have completed your principal course and are enrolled in no more than one further course at a higher AQF level. If your completed course was a higher education course, the next course must also be higher education, delivered by a higher education provider. |
| Completion of studies | You have started but not finished your principal course (or an approved alternative with the same provider). You will finish it within 12 months of the end date on your CoE. This covers students who simply need more time. |
| Doctoral students | You are enrolled in a course leading to a doctoral degree. |
| Provider default | Your course did not start, stopped, or was not delivered in full (including because of a regulator sanction). You apply within 12 months of the default day to complete an alternative course, and have not already applied because of the same default. |
| School students | As defined in clause 500.111. |
| Defence and Foreign Affairs students | Students sponsored by the Defence or Foreign Affairs portfolios. |
Watch out: the exemptions above only apply to people who hold their student visa as the primary applicant. If you are currently in Australia as a dependant on a partner’s student visa and now want your own student visa, you must apply from outside Australia.
The course change rules have the biggest practical effect, so we cover them with worked examples in our separate guide: Changing Course or Provider on a Student Visa in Australia (October 2026 Rules).
Change 2: 17 Visas Now Block Onshore Student Visa Applications
Since July 2024, visitor and Temporary Graduate (485) visa holders have not been able to apply for a student visa onshore. LIN 26/102 widens that list. If you hold any of the following visas, you can only make a valid student visa (500) or student guardian (590) application from outside Australia:
| Visa | Status |
|---|---|
| Subclass 400 Temporary Work (Short Stay Specialist) | Newly added |
| Subclass 407 Training | Newly added |
| Subclass 408 Temporary Activity | Newly added |
| Subclass 417 Working Holiday | Newly added |
| Subclass 462 Work and Holiday | Newly added |
| Subclass 457 Temporary Work (Skilled) | Newly added |
| Subclass 482 Skills in Demand and Temporary Skill Shortage | Newly added |
| Subclass 485 Temporary Graduate | Already blocked (since 1 July 2024) |
| Subclass 600 Visitor, 601 ETA, 651 eVisitor | Already blocked |
| Subclass 602 Medical Treatment, 771 Transit, 988 Maritime Crew | Already blocked |
| Subclass 403 (Domestic Worker (Diplomatic or Consular) stream) and 995 Diplomatic (primary holders) | Already blocked |
The explanatory statement says the aim is to stop temporary migrants who came to Australia “for a purpose other than study” from using a student visa “to prolong their stay.” In practice, a working holiday maker or 482 worker who planned to switch to study onshore can no longer do so. See our dedicated guide: the 17 visas that must now apply offshore (LIN 26/102).
The new rules also say you must hold a substantive visa to apply onshore. A narrow exception covers former students whose visa cancellation was overturned by the ART after the visa had already ended. They have 28 days from being notified of the ART decision. If you are on a bridging visa, get advice before assuming you can lodge onshore.
Change 3: Family Members Can No Longer Be Added for Most Students
A new paragraph 1222(3)(da) means a partner or child can only apply as a secondary applicant on a student visa if one of the following applies:
- The main student is a Defence student or Foreign Affairs student
- The main student holds a passport from a Pacific-regional country or an ASEAN member country (the explanatory statement notes Timor-Leste is covered as a Pacific-regional country)
- The main student is enrolled in a doctoral degree
- The main student’s course is fully funded by a foreign government
- The family member already held a dependant student visa on 2 October 2026, or had applied before that date and is later granted, and is now applying again onshore
- The child is born in Australia on or after 2 October 2026 to a student who held, or had applied for, a student visa on that date
- The family member is a dependant of a student affected by provider default, or of a student who is completing their course within the 12-month window
Families can no longer join later. Paragraph 1222(3)(e) now says family members must apply at the same time and place as the main student (previously it said “may”). The explanatory statement confirms this means a student can no longer bring family over later as “subsequent entrants”.
Families already here are protected. The explanatory statement says these provisions “aim to ensure families already in Australia are not separated” where the main student is eligible to apply again onshore.
What about 485 graduate visas? Burke also announced that family members will not be allowed on new Temporary Graduate (485) visas. The 1 October instruments only cover student visas, not 485. As at 1 October 2026 the 485 family change has not been made law. We will update this guide when it is.
Change 4: 12-Month Provider Transfer Restriction (Until 30 June 2027)
Under Standard 7 of the National Code, a new provider usually could not enrol you until you had completed 6 months of your principal course with your current provider, unless your current provider released you. From 2 October 2026, the minimum is 12 months. This applies until 30 June 2027, after which it returns to 6 months.
The Department of Education’s explanatory statement is clear about the reason. The extension is meant to prevent “rushed or non-genuine transfers that are expected to occur in response to” the 17 September announcement. It also confirms that a further reform, which requires students to be granted a new student visa before transferring to another provider, is “intended to take effect in mid-2027.” That later reform has not yet been made law.
A transfer before 12 months is still possible if:
- Your provider, or your course, has ceased to be registered
- The regulator has imposed a sanction that prevents you from continuing with that provider
- Your current provider agrees to release you and records the release in PRISMS
- Your government sponsor supports the transfer in writing
The 12-month rule does not change transfers from school providers, which still use the first 6 months of the first school course.
What This Means for You: Common Situations
- Finishing a bachelor’s and moving to a master’s: generally still possible onshore under the course-progression exemption, as long as you have completed the bachelor’s and are enrolled in one further, higher-level higher education course.
- Finishing a master’s and starting another master’s: it is the same AQF level, so you would generally need to apply from outside Australia.
- Bachelor’s degree to a VET diploma: it is a lower level and not higher education, so you would generally need to apply from outside Australia.
- Need more time to finish your current course: generally still possible onshore if you will finish within 12 months of your CoE end date.
- On a working holiday or 482 visa, want to study: you must now apply from outside Australia.
- Want to bring your partner after your visa is granted: generally no longer possible unless you are in an exempt group.
- Your college closed or cancelled your course: the provider-default exemption lets you apply onshore within 12 months.
These are general examples only. Some cases are much harder to assess, for example courses without an AQF level, packaged courses, or students who changed courses under their current visa. Check how the rules apply to you before you enrol or lodge. If you are unsure whether your agent or adviser is registered, see our guide on how to verify a real migration agent in Australia.
What Hasn’t Changed (Yet)
- No current visa is cancelled or shortened. You can keep studying under the visa you hold.
- The Genuine Student requirement is unchanged. See our Genuine Student requirement guide.
- The student-to-485 pathway still exists. See timing your 500 to 485 transition.
- Some announced changes are not law yet. These include the visitor visa “no further stay” condition, the 485 family-member restriction, the working holiday ballot for second and third years, and the requirement to get a new visa before changing providers. They are covered in our Tony Burke migration overhaul explainer.
Frequently Asked Questions
When do the new student visa rules start?
2 October 2026. They apply to student visa applications made on or after that date. Applications lodged before 2 October 2026 are not affected.
Can I still apply for a new student visa onshore in Australia?
Only if you fall into an exempt group. Current student visa holders who are moving to a higher AQF-level course after completing their course, finishing their current course within 12 months of their CoE end date, enrolled in a doctorate, affected by provider default, school students, or Defence or Foreign Affairs students can still apply onshore. Everyone else must apply from outside Australia.
Can a working holiday or 482 visa holder switch to a student visa in Australia?
No. From 2 October 2026, holders of subclass 417, 462, 482, 457, 407, 408 and 400 visas join visitor, 485 and other visa holders who must apply for a student visa from outside Australia.
Can I bring my partner or children on a student visa?
For new applications from 2 October 2026, only if you are a PhD student, hold a Pacific or ASEAN passport, are a Defence or Foreign Affairs student, have a course fully funded by a foreign government, or your family already held or had applied for dependant student visas on 2 October 2026. Family members must also apply at the same time as you.
How long must I study before changing provider?
From 2 October 2026 until 30 June 2027, generally 12 months of your principal course. Earlier transfers are possible if your provider releases you, your provider or course is deregistered or sanctioned, or your government sponsor supports it in writing. From 1 July 2027 the rule returns to 6 months.
Does the family-member ban also apply to 485 graduate visas?
It was announced on 17 September 2026, but the instruments made on 1 October 2026 cover student visas only. As at 1 October 2026 the 485 change has not been made law.
Get Advice Before You Enrol or Lodge
Under these rules, choosing the wrong next course can mean you have to leave Australia to apply, and your family may not be able to join you. Umar Ashraf (MARA #2619222) is both a registered migration agent and an education consultant. That means your course choice and your visa plan can be checked together before you pay a deposit or sign a CoE.
Disclaimer: This article summarises the Migration Amendment (Student Visa Reform) Regulations 2026, LIN 26/087, LIN 26/102 and the National Code amendment registered on 1 October 2026, and their explanatory statements. It is general information, not legal advice. Policy can change quickly. Always confirm your specific circumstances with a MARA-registered agent.
Call Umar directly: 0424 260 655
Email: info@magpieconsultants.com.au
Office: Office #3, 8/10 Childs Road, Epping VIC 3076
Consultations in: English | اردو Urdu | ਪੰਜਾਬੀ Punjabi | हिन्दी Hindi
Umar Ashraf
MARA Registered Migration Agent & Education Consultant | MARA #2619222 | Epping, Melbourne VIC
Umar Ashraf is a MARA-registered migration agent specialising in complex cases, visa cancellations, ART tribunal appeals, and employer sponsorship. He provides consultations in English, Urdu, Punjabi and Hindi.
