Urgent to Know: New Student Visa Rules Take Effect from 2 October 2026

Urgent to Know: New Student Visa Rules Take Effect from 2 October 2026

Australia has introduced major changes to Student visa application rules, affecting who can apply from inside Australia, whether students can lodge another Student visa onshore, and whether family members can be included in an application. 

 

From 2 October 2026, new rules apply to Student visas (subclass 500) and Student Guardian visas (subclass 590). These changes may significantly affect international students, current Student visa holders and families planning to study or remain together in Australia. 

For anyone considering further study, changing courses or bringing family members to Australia, understanding the new requirements before making enrolment, travel or relocation decisions is now particularly important. 

1. Most Temporary Visa Holders Can No Longer Apply for a Student Visa Onshore 

Most temporary visa holders in Australia will no longer be able to lodge a Student visa or Student Guardian visa application while in Australia. 

Importantly, this restriction can also affect people who already hold a Student visa and want to apply for another Student visa from within Australia, unless they meet an exemption. 

It also applies to people currently holding a Student visa as a dependant who want to become the primary Student visa applicant. 

Your existing Student visa is not cancelled simply because of these changes. However, if you are prevented from applying onshore under the new rules, you will generally need to be outside Australia both when the new application is lodged and when the visa is granted. 

This means students should be cautious about assuming they can simply extend their stay by enrolling in another course and lodging another Student visa application from Australia. 

2. Some Current Students May Still Qualify for an Exemption 

There are circumstances where an existing Student visa holder may still be able to apply for another Student visa while in Australia. 

According to the Department of Home Affairs factsheet, exemptions may include students who: 

  • need up to an additional 12 months to complete their existing course with the same provider; 
  • are sponsored by the Department of Foreign Affairs and Trade (DFAT) or Defence; 
  • are applying to undertake a PhD; 
  • are undertaking primary or secondary school studies; 
  • have completed their main AQF-level course and are progressing to a higher AQF level; 
  • are progressing from school studies to a course without an AQF level; 
  • are progressing from a non-AQF course to an AQF-level course; or 
  • cannot continue their course because their education provider has defaulted. 

There is also an important qualification for higher education students: where a person has completed a higher education course, the next course must also be a higher education course delivered by a higher education provider. 

 

The practical message is clear: course progression now matters more than ever. Students considering another qualification should check whether their proposed study pathway falls within an available exemption before committing to a new course. 

 

3. Major Restrictions Now Apply to Including Family Members 

The changes also significantly affect partners and dependent children. 

Student visa applicants can generally no longer include family members in their Student visa application unless an exemption applies. The restriction also applies to applications for a further Student visa. 

Even more importantly, current Student visa holders can no longer add family members as subsequent entrants after the Student visa has been granted. 

The Department states that there are no exemptions to this subsequent entrant restriction. 

For students who intended to travel to Australia first and bring their partner or children later, this is a particularly important change to understand before making plans. 

4. Who May Still Be Able to Include Family Members? 

There are limited exemptions that may allow family members to be included at the time the Student visa application is lodged. These may apply where the student is: 

  • studying a PhD; 
  • sponsored by DFAT or Defence; 
  • receiving a foreign government scholarship; or 
  • an eligible student from a Pacific country or ASEAN member country. 

There may also be circumstances where students who already have family members included in their current Student visa can include those family members in a further application lodged in Australia. 

 

However, the primary applicant and all family members included in the application must be in the same location when the application is lodged. 

 

5. What Happens to Applications Lodged Before 2 October 2026? 

The changes are not retrospective. 

Student visa applications lodged before 2 October 2026, including applications that already included family members, will continue to be assessed under the rules that applied when those applications were lodged. 

This distinction is important for applicants who already have a pending Student visa application. 

Why These Changes Matter 

These new rules affect much more than the visa application itself. They may influence: 

  • whether you can apply for another Student visa without leaving Australia; 
  • whether your next course allows you to qualify for an onshore exemption; 
  • whether your partner or children can be included; 
  • when family members need to travel; 
  • whether overseas travel may become necessary before a further application; and 
  • how you structure your longer-term study and migration plans. 

A course enrolment decision that previously appeared straightforward may now have immigration consequences. 

 

The Department of Home Affairs specifically encourages applicants to understand the new requirements before enrolling in a course, making travel or relocation plans, or applying for a Student visa. 

If you currently hold a Student visa, are considering further study or want to understand how these rules affect your family, obtaining advice before taking the next step may help avoid complications. 

 

Unsure How the New Rules Affect You? 

If you currently hold a Student visa, are considering further study or are unsure how these changes may affect your circumstances, NB Migration Law can help assess your situation and explain the migration options that may be available to you. 

Speak with our migration law team to better understand your position before making your next visa, study or travel decision. 

Source: Department of Home Affairs, “Changes to Student visa application rules” factsheet, effective 2 October 2026. 

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