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Australia Introduces Major Student Visa Changes; Current Students Must Apply From Overseas For New Visa

Australia Changes Student Visa Rules, With Many Current Student Visa Holders Now Required To Leave Australia, Apply From Overseas And Remain Outside Australia Until Their New Subclass 500 Student Visa Is Granted

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Australia Introduces Major Student Visa Changes; Current Students Must Apply From Overseas For New Visa

Australia has introduced major changes to its Student visa system, making it harder for many temporary visa holders to apply for a new Subclass 500 Student visa (The Subclass 500 Student visa allows international students to live, study, and work in Australia for up to 5 to 6 years depending on their course length) while remaining in the country.

The new rules came into effect on 2 October 2026 under the Migration Amendment (Student Visa Reform) Regulations 2026. The regulations were registered on 1 October and amend Australia’s Migration Regulations 1994.

One of the biggest changes affects international students who already hold a Subclass 500 Student visa and need another Student visa to continue or begin further studies.

Under the new system, many existing Student visa holders seeking another Subclass 500 visa as the primary applicant must be outside Australia (offshore) when they submit their application and they must be outside Australia until the new visa is granted.

This means affected students cannot simply lodge another Student visa application while remaining in Australia and continue staying in the country with their previous visa until a decision is made.

The rule also covers people who currently hold a Student visa as a secondary applicant, such as an eligible family member, but later want to apply for their own Student visa as the primary applicant.

However, the new offshore requirement does not apply to every Student visa holder.

Who Can Still Apply From Inside Australia?

The regulations provide exemptions for several groups.

Defence students, Foreign Affairs students and school students are specifically exempt from the general requirement affecting existing Student visa holders.

A separate government instrument also provides exemptions for certain other students.

These include eligible doctoral students, students affected by an education provider default who need another visa to complete alternative studies, and some students who need additional time to complete the principal course for which their existing Student visa was granted.

Certain students progressing to a higher level of study can also qualify for an exemption. For example, where the completed course has an Australian Qualifications Framework level, the new course generally needs to be at a higher AQF level and other requirements must also be met.

Therefore, the changes do not mean that every international student currently in Australia must leave the country when their Student visa needs to be renewed. Whether a student can apply inside Australia depends on their circumstances, current visa, course and whether they fall within an exemption.

Other Temporary Visa Holders Also Face Restrictions

The reforms are broader than current Student visa holders.

A related legislative instrument specifies a number of temporary visa categories whose holders cannot make a valid Subclass 500 Student visa or Subclass 590 Student Guardian visa application while inside Australia.

The affected categories include certain holders of Temporary Work, Training, Temporary Activity, Working Holiday, Work and Holiday, Skills in Demand, Temporary Graduate, Visitor, Electronic Travel Authority, Medical Treatment, eVisitor, Transit, Maritime Crew and other specified visas.

The government says the purpose of these restrictions is to prevent temporary visa holders who entered Australia for purposes other than study from using a Student visa application to extend their stay in the country.

New Restrictions For Partners And Children

The reforms also make major changes for family members of international students.

Previously, eligible family members could in some circumstances apply later as secondary applicants after the primary student's visa had already been granted. These applications are commonly known as subsequent entrant applications.

The new regulations significantly restrict when secondary applicants can apply.

Under the revised system, secondary applicants can apply only in specified circumstances. These include cases involving Defence students, Foreign Affairs students and primary applicants holding passports from specified Pacific regional or ASEAN countries.

There are also protections for some family members who already held or had applied for Student visas before the new rules started, as well as certain children born in Australia after the commencement of the reforms.

Additional exemptions are available for some families, including eligible family members of doctoral students and students whose studies are fully funded by a foreign government.

Where required under the new rules, eligible secondary applicants must apply at the same time and in the same place as the primary applicant. The government’s explanatory statement says the changes are intended to stop the general use of later applications to add family members to an existing Student visa arrangement.

Why Has Australia Changed The Rules?

The Australian Government says the reforms are designed to strengthen the integrity of the Student visa program and ensure the visa remains focused on its main purpose, which is allowing international students to stay temporarily in Australia for study.

According to the official explanatory statement, the government wants to reduce the use of Student visas as a way for temporary migrants to repeatedly extend their stay in Australia through successive temporary visa applications.

The government says the changes are intended to reduce opportunities for what it describes as “visa hopping”, where people move between temporary visas or make repeated applications while continuing to remain in Australia.

The reforms restrict both the ability to lodge certain Student visa applications inside Australia and, in some cases, the ability to be inside Australia when the visa is granted.

When Do The New Student Visa Rules Apply?

The Migration Amendment (Student Visa Reform) Regulations 2026 commenced on 2 October 2026.

Importantly, the changes apply to visa applications made on or after 2 October 2026.

Applications made before the commencement date are not covered by these new amendments.

The changes also do not automatically mean that existing Student visas have been cancelled. Instead, they change the rules governing new applications made from 2 October onwards.

For international students planning another course or needing another Student visa, the key question will now be whether they qualify to lodge the application from inside Australia or whether they must leave the country and apply from overseas.

The Migration Amendment (Student Visa Reform) Regulations 2026 and related instruments are available through Australia’s Federal Register of Legislation.

Published 1 hour ago in World

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