Student visa rules before and after 2 October 2026
From 2 October 2026, new rules apply to Student visa (subclass 500) and Student Guardian visa (subclass 590) applications.
The changes affect whether an applicant can lodge a Student visa application while in Australia, whether an existing Student visa holder can apply for another Student visa onshore, when an applicant must be outside Australia at the time of visa grant, and whether partners and dependent children can be included.
The table below summarises some of the main differences between the previous rules and the rules applying from 2 October 2026.
| Issue | Before 2 October 2026 | From 2 October 2026 |
|---|---|---|
| Applying for a Student visa while in Australia | Eligible temporary visa holders could apply in Australia if they met the applicable onshore application requirements and were not in an excluded visa class. | Most temporary visa holders affected by the new restrictions must apply from outside Australia. The affected visa classes are prescribed by legislative instrument. |
| Existing Student visa holder applying for another Student visa | Existing Student visa holders could generally lodge a further Student visa application in Australia if they met the applicable validity requirements. | A current Student visa holder must generally apply from outside Australia unless a specific exemption applies. |
| Student dependant becoming the primary applicant | A person holding a Student visa as a dependant could potentially apply in Australia to become the primary Student visa applicant, subject to the applicable requirements. | A Student visa dependant who wants to become the primary Student visa applicant must lodge the application from outside Australia and be outside Australia when the visa is granted. There are no exemptions to this rule. |
| Further study after completing a course | A Student visa holder could potentially apply for another Student visa in Australia if the relevant requirements were met. | Onshore applications are limited to specified exemptions, including certain course progression, PhD, school, DFAT or Defence, provider-default and course-completion circumstances. |
| Applying after a Student visa has ceased | In some circumstances, a person whose last substantive visa was a Student visa could apply in Australia within 28 days after that visa ceased. | The general 28-day Student visa facility has been removed. A narrow exception remains for particular circumstances involving a Student visa cancellation decision later set aside on review. |
| Location at visa grant | An applicant could generally be in or outside Australia at the time of grant, subject to the applicable visa requirements. | If the applicant is required to lodge the Student visa application from outside Australia, they must also be outside Australia when the visa is granted. |
| Including a partner or dependent child | Eligible family members could generally be included as secondary applicants, subject to meeting the applicable requirements. | Family members generally cannot be included unless a specific exemption applies. |
| Family members joining later as subsequent entrants | Eligible family members could apply later as subsequent entrants if the relevant requirements were met. | A Student visa holder can no longer add family members after the Student visa has been granted through the Student visa subsequent entrant process. There are no exemptions to this rule. |
| Location of family members applying together | Family members could in some circumstances apply separately or join the primary Student visa holder later. | Where family members are permitted to be included, the primary applicant and all included family members must be in the same location when the application is lodged. |
| Applications lodged before the reforms | Applications were assessed under the rules applying when they were lodged. | Applications lodged before 2 October 2026 continue to be assessed under the previous rules. |
The biggest change for existing Student visa holders
Before 2 October 2026, an existing Student visa holder could generally remain in Australia and lodge another Student visa application if they satisfied the applicable requirements.
From 2 October 2026, the starting position is different. A current Student visa holder who wants another Student visa must generally be outside Australia when the application is lodged and when the visa is granted.
There are limited exemptions for certain students, including students needing additional time to complete their existing main course, DFAT or Defence-sponsored students, PhD students, school students, students undertaking qualifying course progression and students affected by provider default.
Course progression is now particularly important
One of the exemptions allows some existing Student visa holders to apply for another Student visa while remaining in Australia where they are progressing to particular further studies.
This can include students who have completed their main course with an Australian Qualifications Framework (AQF) level and are progressing to a course at a higher AQF level.
If the student has completed a higher education course, the next course must also be a higher education course delivered by a higher education provider for this exemption to apply.
Other exemptions cover certain progression from school studies to a course without an AQF level, and from a course without an AQF level to a course that has an AQF level.
Dependants who want to become students in their own right
The rules are particularly important for a person who currently holds a Student visa as a dependant and wants to become the primary Student visa applicant.
Before the reforms, such a person could potentially apply while in Australia if they met the relevant requirements.
From 2 October 2026, they must lodge the application from outside Australia and must also be outside Australia when the visa is granted. The Department of Home Affairs states that there are no exemptions to this rule.
Family members are treated very differently
Before 2 October 2026, eligible partners and dependent children could generally be included in a Student visa application or, in appropriate circumstances, apply later as subsequent entrants.
Under the new rules, Student visa applicants generally cannot include a partner or dependent child unless an exemption applies.
Limited exemptions include certain PhD students, DFAT or Defence-sponsored students, foreign government scholarship recipients and eligible students from Pacific countries and ASEAN member countries.
There are also transitional arrangements for some family members who are already included on an existing Student visa.
The subsequent entrant pathway has changed completely
One of the clearest differences between the previous and new rules concerns subsequent entrants.
Previously, eligible family members could apply after the primary Student visa had been granted, provided the applicable requirements were met.
From 2 October 2026, a Student visa holder cannot add a partner or dependent child after their Student visa has been granted through the Student visa subsequent entrant process.
The Department of Home Affairs states that there are no exemptions to this rule.
What about families already holding Student visas?
The reforms contain transitional arrangements for some existing Student visa families.
If family members are already included on the primary applicant's current Student visa and the primary applicant is eligible to apply for another Student visa in Australia, those family members may in some circumstances continue to be included in the next Student visa application.
Existing family members may also be able to remain included where the primary Student visa holder needs up to 12 additional months to complete the main course covered by the current Student visa, or needs another Student visa because the education provider has defaulted.
These provisions do not create a general ability to add a new partner or child after the Student visa has already been granted.
Family members must generally apply from the same location
Where family members are eligible to be included in a Student visa application, the primary applicant and all included family members must be in the same location when the application is lodged.
This becomes particularly important where the primary applicant is required to lodge from outside Australia, because the location requirements will also affect the family members included in that application.
Offshore application now also means offshore grant
Under the new rules, where a person is required to apply for their Student visa from outside Australia, they must also be outside Australia when the visa is granted.
An applicant may be able to return to Australia on another valid visa while the offshore Student visa application is being processed, but they must leave Australia again before the Student visa can be granted if the offshore grant requirement applies.
An offshore Student visa application does not provide a Bridging visa linked to that application.
The former 28-day rule has largely been removed
Before the reforms, a person who no longer held a substantive visa could in certain circumstances lodge a Student visa application in Australia within 28 days after their previous Student visa ceased.
That general Student visa pathway has now been removed.
A narrow provision remains for particular circumstances where a Student visa was cancelled and the Administrative Review Tribunal later set aside the cancellation decision after the earlier visa had ceased to be in effect.
Existing Student visas are not cancelled by the reforms
The commencement of the new rules does not itself cancel or change a person's existing Student visa.
The new requirements become particularly relevant when the person wants to lodge another Student visa application, change from being a dependant to a primary Student applicant, or make arrangements for family members.
Applications lodged before 2 October 2026
The new rules apply to relevant Student visa applications made on or after 2 October 2026.
Applications lodged before that date continue to be assessed under the rules that applied when the application was lodged.
This includes applications lodged before 2 October 2026 that already included eligible family members.
Why the distinction between the old and new rules matters
The practical effect of the reforms is that Student visa planning can no longer be based on an assumption that another Student visa can simply be lodged while remaining in Australia or that family members can necessarily be added later.
Before enrolling in another course, paying substantial tuition fees or making travel arrangements, applicants should first determine whether they are permitted to lodge the proposed Student visa application in Australia and whether any family members can validly be included.
If the rules require an applicant to be outside Australia when lodging the Student visa application, an application lodged while the applicant is in Australia will be invalid.
Because the position can depend on the applicant's current visa, previous visa, proposed course, level of study, education provider and family circumstances, individual assessment may be appropriate before making significant study, travel or migration decisions.
