Australia Student Visa Changes: New Rules From 2 October 2026
The Australia Student Visa changes for 2026 are now in force. The new Student visa rules from 2 October 2026 affect people who want to apply for a Student visa while they are in Australia, and they change when partners and dependent children can be included in an application.
This article explains who is affected, which exemptions apply and what happens to applications lodged before 2 October 2026. It is written for international students, including the Nepali community, who want clarity before they enrol, travel or lodge an application.
Key Takeaways
- The new Student visa rules started on 2 October 2026 and apply only to applications made on or after that date.
- Many people on certain temporary visas, including 417, 462, 482, 485 and visitor visas, can no longer apply for a Student visa while in Australia.
- If you must apply from outside Australia, you must also be outside Australia when the visa is granted.
- Current Student visa holders applying for another Student visa are affected unless an exemption applies. Your existing visa is not changed.
- Exemptions include needing up to 12 more months to finish your course, PhD study, school study, DFAT or Defence sponsorship, progressing to a higher AQF level, and provider default.
- Partners and dependent children generally cannot be included in a Student visa application unless an exemption applies.
- Family exemptions apply to PhD students, DFAT or Defence students, foreign government scholarship holders, and eligible Pacific or ASEAN students.
- You cannot add family members after the visa is granted, and no exemptions apply.
- Family already included in your current visa may be included in your next application if you apply in Australia.
- Applications lodged before 2 October 2026 are assessed under the old rules.
What Are the New Student Visa Changes?
The Department of Home Affairs says the new rules change who can apply for and be granted a Student visa (subclass 500) or Student Guardian visa (subclass 590) while in Australia, and whether family members can be included. You can read the Department’s own summary in its Changes to Student visa application rules factsheet.
In plain terms, there are two main areas of change.
- Onshore applications. Many people who are in Australia on certain temporary visas can no longer lodge a Student visa application from inside the country. Current Student visa holders applying for another Student visa are also affected unless an exemption applies.
- Family members. Student visa applicants can no longer include a partner or dependent children unless an exemption applies, and family members cannot be added after the visa has been granted.
An onshore application is made while you are in Australia. An offshore application is made while you are outside Australia.
When Did the New Student Visa Rules Start?
The new rules started on 2 October 2026. The legal changes were made through the Migration Amendment (Student Visa Reform) Regulations 2026, which amended the Migration Regulations 1994. A second instrument sets out the visa classes that are affected.
Both are on the Federal Register of Legislation: the Migration Amendment (Student Visa Reform) Regulations 2026 and the Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026. The changes apply only to applications made on or after 2 October 2026.
Can You Apply for a Student Visa in Australia?
Whether you can apply for a Student visa in Australia after 2 October 2026 depends on the visa you hold and your study plans. The first step is to check whether your current visa is on the affected list.
If the new rules stop you from applying in Australia, you must be outside Australia when you lodge the application. You must also be outside Australia when the visa is granted.
The Department’s factsheet also notes that current Student Guardian visa holders can still lodge a further Student Guardian visa application while in Australia.
Which Visa Holders Are Affected?
The Department of Home Affairs says most temporary visa holders in Australia will no longer be able to lodge a Student or Student Guardian visa application while in Australia. The legal detail sits in a government instrument that names specific visa classes. It does not say that every possible visa is affected, so if yours is not listed, check your position rather than assume.
The sections below group the listed visas for easier reading.
Temporary Work and Activity Visas
These listed work, training and activity visas are affected.
- Subclass 400 (Temporary Work, Short Stay Specialist)
- Subclass 403 (Temporary Work, International Relations), Domestic Worker (Diplomatic or Consular) stream only
- Subclass 407 (Training)
- Subclass 408 (Temporary Activity)
- Subclass 457 (Temporary Work, Skilled)
- Subclass 482 (Skills in Demand)
- Subclass 482 (Temporary Skill Shortage)
Working Holiday and Visitor Visas
These listed holiday and short-stay visas are affected.
- Subclass 417 (Working Holiday)
- Subclass 462 (Work and Holiday)
- Subclass 600 (Visitor)
- Subclass 601 (Electronic Travel Authority)
- Subclass 651 (eVisitor)
Other Affected Visa Subclasses
These remaining visas are also on the list.
- Subclass 485 (Temporary Graduate)
- Subclass 602 (Medical Treatment)
- Subclass 771 (Transit)
- Subclass 988 (Maritime Crew)
- Subclass 995 (Diplomatic, Temporary), only where the visa was granted based on the criteria in Division 995.2 of Part 995 of Schedule 2 to the Migration Regulations
What If You Already Hold a Student Visa?
Current Student visa holders are also affected if they want to apply for another Student visa while in Australia, unless an exemption applies. This includes someone who holds a Student visa as a dependant and now wants to apply as the primary applicant.
The primary applicant is the person applying as the student. A secondary applicant is a family member included in that application.
The new rules do not cancel or change your current Student visa.
Who Can Still Apply for Another Student Visa in Australia?
Student visa holders can apply for another Student visa in Australia only if an exemption applies. The exemptions below come from the Department’s factsheet. Some exact legal definitions sit in separate instruments, so check your own facts before relying on one.
Students Needing More Time to Finish Their Course
You may be able to apply in Australia if you need up to 12 more months after your original course end date to complete your studies. You must continue studying with the same education provider.
If you are enrolled in a package of courses, the course you need more time to complete must be your main course.
DFAT and Defence Students
You may be able to apply in Australia if you are sponsored by the Department of Foreign Affairs and Trade (DFAT) or by Defence.
PhD Students
You may be able to apply in Australia if you are applying to study for a PhD.
School Students
You may be able to apply in Australia if you are applying to do primary or secondary school studies. The same applies if you have completed school studies and are progressing to a course without an AQF level.
Students Progressing to a Higher AQF Level
The Australian Qualifications Framework (AQF) is the national system that sets levels for qualifications in Australia. You may be able to apply in Australia in these progression situations.
- You have completed your main course that has an AQF level and are progressing to a course at a higher AQF level.
- You have completed a course that does not have an AQF level and are progressing to a course that does have an AQF level.
There is an important limit for higher education. If you completed a higher education course, your next course must also be a higher education course delivered by a higher education provider.
Students Affected by Provider Default
You may be able to apply in Australia if you cannot continue your course because your education provider has defaulted, meaning it could not deliver the course you enrolled in.
What Are the New Student Visa Family Rules?
The Student visa family member rules from 2 October 2026 work in two stages: including family when you apply, and adding family after the visa is granted. They are treated differently.
Student visa applicants can no longer include a partner or dependent children in their application unless an exemption applies. This also applies to people lodging an application for a further Student visa.
Can You Include Family Members on a Student Visa?
You can include your partner on an Australian Student visa in 2026, or bring family members to Australia, only if an exemption applies. The Department’s factsheet lists four groups who may be able to include family members at the time of application.
PhD Students
You may be able to include family members if you are studying a PhD.
DFAT and Defence Students
You may be able to include family members if you are sponsored by DFAT or Defence.
Foreign Government Scholarship Students
You may be able to include family members if you are receiving a foreign government scholarship.
Eligible Pacific and ASEAN Students
You may be able to include family members if you are an eligible student from a Pacific country or an ASEAN member country. The Regulations refer to a primary applicant holding a passport from a Pacific regional country or a country specified in the Regulations. The factsheet does not list the countries, so check the Department’s guidance for your passport before planning around this exemption.
Can Student Visa Holders Add Family Later?
No. Current Student visa holders can no longer add family members, known as subsequent entrants, after their Student visa has been granted. The Department’s factsheet states that there are no exemptions to this rule.
This is the key difference. Including family at the time of application has specific exemptions. Adding family after the visa has been granted has none under this rule.
What Happens to Family Already Included?
If you already have family members included in your current Student visa and you are applying in Australia, you may be able to include them in your next Student visa application. The primary applicant and all family members included must be in the same location when the application is lodged.
The Regulations also contain a provision for a child born in Australia on or after 2 October 2026 to a primary applicant who held a Student visa, or had applied for one, on that date. This is a technical area, so anyone in this situation should get advice before lodging.
What Happens to Applications Lodged Before 2 October 2026?
Student visa applications lodged before 2 October 2026 continue to be assessed under the rules that applied when they were lodged. This includes applications that included family members.
The Regulations confirm the amendments apply to applications made on or after the start date, so they do not reach back to applications already lodged.
What Do the New Rules Mean for International Students?
The practical effect depends on where you are and what visa you hold. Students applying from outside Australia are generally not caught by the onshore restrictions, but the family rules still matter if you plan to bring a partner or children. For people already in Australia, early planning is important.
- Check your current visa against the affected list before you pay course fees or make travel plans.
- Look at your course end date, provider and next course, because the exemptions depend on these details.
- Plan family arrangements early, because family cannot be added after the visa is granted.
- If you must apply from outside Australia, remember you must also be offshore when the visa is granted.
- Keep your visa grant notice and Confirmation of Enrolment ready.
The Department advises understanding the new requirements before enrolling, making travel plans or applying. The Department of Home Affairs Student visa subclass 500 page has current guidance.
Our Student visa page explains the general Student visa process, and our all visa applications page lists the other visa types we assist with.
Key Student Visa Changes From 2 October 2026
This table summarises the main points from the Department’s factsheet and the legislation.
| Situation | Position from 2 October 2026 |
| Applying for a Student visa in Australia on a listed temporary visa | Not allowed. The application must be made from outside Australia. |
| Visa grant when the application had to be made offshore | The applicant must be outside Australia when the visa is granted. |
| Current Student visa holder applying for another Student visa | Affected unless an exemption applies. Your current visa is not changed. |
| Dependant applying as the primary applicant | Affected in the same way as other current Student visa holders. |
| Including a partner or dependent children at the time of application | Not allowed unless an exemption applies. |
| Family exemptions | PhD students, DFAT or Defence sponsored students, foreign government scholarship holders, and eligible Pacific or ASEAN students. |
| Adding family after the visa is granted | Not allowed. There are no exemptions to this rule. |
| Family already included in a current Student visa | May be included in the next application if the applicant is applying in Australia. |
| Applications lodged before 2 October 2026 | Assessed under the rules that applied when they were lodged. |
Frequently Asked Questions
1. Can I apply for an Australian Student visa while in Australia after 2 October 2026?
It depends on your visa. If you hold one of the listed temporary visas, you generally cannot lodge a Student visa application in Australia. You must apply from outside Australia and be outside Australia when the visa is granted.
2. Can I apply for another Student visa while I am already in Australia?
Only if an exemption applies, such as needing up to 12 more months to finish your main course with the same provider, applying to study a PhD, or progressing to a higher AQF level. Your current visa is not affected.
3. Can I bring my spouse or partner on a Student visa?
Generally no, unless an exemption applies. The exemptions are for PhD students, DFAT or Defence-sponsored students, foreign government scholarship holders, and eligible students from a Pacific or ASEAN member country.
4. Can I bring my dependent children to Australia on a Student visa?
The same rule applies as for partners. Children can be included only if an exemption applies, and they must be in the same location as the primary applicant when the application is lodged.
5. Can I add my family after my Student visa is granted?
No. Current Student visa holders can no longer add family members after the visa has been granted, and the Department states there are no exemptions to this rule.
6. Are PhD students exempt from the new Student visa rules?
PhD students may be able to apply for another Student visa in Australia and may be able to include family members. Check your own circumstances against each exemption.
7. What happens if I lodged my Student visa application before 2 October 2026?
It will continue to be assessed under the rules that applied when you lodged it. This includes applications that included family members.
8. Which temporary visas are affected by the new Student visa application rules?
The instrument lists subclasses 400, 403 (Domestic Worker stream only), 407, 408, 417, 457, 462, 482 (both streams named above), 485, 600, 601, 602, 651, 771, 988 and 995 (subject to the specified requirement). It does not cover every temporary visa.
Need help understanding the new Student visa rules?
The Student visa changes from 2 October 2026 may affect where you can apply, whether you can apply for another Student visa while in Australia, and whether your partner or dependent children can be included. Your options depend on your current visa, study plans, family circumstances and whether an exemption applies.
Book Confidential Consultation with Ghothane Lawyers to discuss how the new Student visa rules may affect your circumstances, understand the requirements that apply to you, and explore your available visa options.
Disclaimer: Immigration rules can change. This article is general information only and is not individual legal advice. It reflects the official sources available at the time of writing, so please confirm current requirements with the Department of Home Affairs or a qualified immigration professional before acting.
