Can You Switch to a Student Visa Onshore? The 17 Visas That Must Now Apply Offshore (LIN 26/102)

For years, backpackers, sponsored workers and trainees could switch to a student visa without leaving Australia. From 2 October 2026 that option is closed for most temporary visa holders. This guide explains the instrument itself (F2026L01348), registered on the Federal Register of Legislation on 1 October 2026. It covers exactly which visas are affected, why, and what to do if you were planning to switch to study.

On a working holiday, 482 or another temporary visa and planning to study? Umar Ashraf (MARA #2619222) can map out the right sequence for you, in English, Urdu, Punjabi and Hindi. Book a free consultation →

What LIN 26/102 Does

The instrument was made by Julian Hill, Assistant Minister for Citizenship, Customs and Multicultural Affairs, on 1 October 2026. It works with Schedule 1, item 1222 of the Migration Regulations 1994, which sets the rules for making a valid student visa application:

• Subparagraph 1222(4)(a)(ii), as amended by the Migration Amendment (Student Visa Reform) Regulations 2026, says that an applicant who is in Australia must not be in a class of persons specified by the Minister.
• LIN 26/102 specifies those classes. Each class is defined by the visa you currently hold.
• The official explanatory statement sums up the effect: “if an applicant is in a class of persons specified in this instrument, they can only make a valid Subclass 500 visa or Subclass 590 visa application from outside of Australia.”

Because this is a validity requirement, an onshore application from someone on the list is not refused. It is not a valid application at all, and under section 47(3) of the Migration Act it cannot be considered. That means it cannot be appealed to the ART as a refusal, and it does not give you a bridging visa.

New clause 500.411 adds a second requirement. If you had to apply from outside Australia, you must also be outside Australia when the visa is granted.

The Full List: 17 Visas That Must Apply Offshore

Apart from 403 and 995, each class covers both primary and secondary visa holders. Partners and children on a 482 or 485, for example, are caught as well. The explanatory statement notes that closed visas such as the 457 and TSS 482 are included “because there are still persons holding those visas who may wish to apply for a further visa.”

How We Got Here: Three Instruments in Two Weeks

LIN 26/102 is tied to those Regulations. It commences on the later of the day after registration and the start of the Migration Amendment (Student Visa Reform) Regulations 2026, which both fall on 2 October 2026. It does not commence at all if the Regulations do not.

Why the Government Made This Change

The explanatory statement says the aim is “to prevent certain temporary migrants who entered Australia, for a purpose other than study, from applying for a Subclass 500 visa or Subclass 590 visa to prolong their stay in Australia.” It also says the seven new classes were chosen “based on assessment of data related to onshore applications, to limit extended stays in Australia.”

This is the onshore part of the “visa hopping” crackdown that Tony Burke announced on 17 September 2026. See our overhaul explainer.

The instrument is exempt from disallowance, because instruments made under Schedule 1 of the Migration Regulations are exempt. Parliament cannot vote it down.

What It Means in Real Situations

Working holiday makers (417 / 462)

Switching from a working holiday to a student visa without leaving Australia used to be common. From 2 October 2026 you must apply from outside Australia and be outside when the visa is granted. Plan your departure, the gap between visas and your course start date together. See also our guides to the 417 for UK citizens and the 462 caps for 2026-27.

482 workers, including if your employer stops sponsoring you

If your sponsorship ends, you normally have a limited period to find a new sponsor, apply for another visa or leave. A student visa was sometimes used as the “other visa” to stay onshore. That is no longer possible for 482 holders, primary or secondary. Your onshore options are now narrower. See what happens when your 482 employer loses sponsorship.

Partners and children on a 482 or 485

Secondary visa holders are covered too. A partner on a 482 who wants to study must apply offshore. And under the separate family-member changes, they may not be able to include family members either. See our full guide to the 2 October 2026 student visa changes.

Trainees (407) and temporary activity holders (408)

Both are now on the list. If further study is part of your plan after a 407 training visa, apply from home.

Visitors and 485 graduates

Nothing new here. These visas have been blocked since 1 July 2024, and that continues.

Bridging visa holders

The amended item 1222(4) requires an onshore applicant to hold a substantive visa, and a bridging visa is not one. There is one narrow exception, for former student visa holders whose cancellation was overturned by the ART after their visa had already ended. They have 28 days from being notified of the ART decision. See bridging visa A vs E.

If your visa is not on the list

If your visa is not one of the 17, LIN 26/102 does not stop you applying onshore. Other rules still apply, though:

• A “no further stay” condition (8503, 8534 or 8535) on your current visa can stop you applying at all.
• If you are already a student visa holder, separate new rules decide whether you can apply onshore. See our course change guide.
• The Genuine Student requirement still applies.

What If I Lodged Before 2 October 2026?

Validity is assessed at the time an application is made. An application lodged before LIN 26/102 commenced is assessed against the list in force at the time of lodging, which was LIN 26/068 with 9 visas. The Student Visa Reform Regulations also state that their amendments apply only to applications made on or after 2 October 2026. If you lodged before then, keep your lodgement receipt. If you are unsure whether your application was validly made, get advice.

How to Apply Offshore: A Practical Plan

1. Check that the course is right first. Your course needs to support the Genuine Student requirement and your longer-term plans. See choosing the right course for PR.
2. Time your departure. Leave Australia before your current visa expires and before you lodge.
3. Lodge from outside Australia through ImmiAccount, with your CoE, evidence of funds, English test and OSHC. See our ImmiAccount guide.
4. Stay outside Australia until the visa is granted, as clause 500.411 requires.
5. Allow for processing time and a deferred course start in case the grant takes longer than expected.

Frequently Asked Questions

Can I apply for a student visa in Australia while on a working holiday visa?

Not from 2 October 2026. LIN 26/102 adds Working Holiday (417) and Work and Holiday (462) visas to the list of visas whose holders must apply for a student visa from outside Australia.

Can a 482 visa holder switch to a student visa onshore?

No. From 2 October 2026, holders of the Skills in Demand (482), Temporary Skill Shortage (482) and 457 visas, including secondary holders, must apply for a student visa from outside Australia.

Which visas cannot apply for a student visa in Australia?

Seventeen: subclasses 400, 403 (Domestic Worker stream), 407, 408, 417, 457, 462, 482 (Skills in Demand and TSS), 485, 600, 601, 602, 651, 771, 988 and 995 (primary holders).

What happens if I apply onshore anyway?

The application is not valid and cannot be considered under section 47(3) of the Migration Act. It does not give you a bridging visa, and there is no refusal decision to appeal.

Do I need to stay offshore until the student visa is granted?

Yes. Under clause 500.411, if you had to apply from outside Australia, you must also be outside Australia when the visa is granted.

When does LIN 26/102 start?

2 October 2026, at the same time as the Migration Amendment (Student Visa Reform) Regulations 2026. It replaces LIN 26/068.

Disclaimer: This article summarises the Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), its explanatory statement, and the related Migration Amendment (Student Visa Reform) Regulations 2026, all registered on 1 October 2026. It is general information, not legal advice. Always confirm your circumstances with a MARA-registered agent before you lodge or travel.

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.

Facebook Instagram TikTok 0424 260 655