When the Government announced its migration reforms on 17 September 2026, we told our clients that nothing had changed yet. That is no longer the case. The student visa changes of October 2026 are now in force. New rules for the Student visa (subclass 500) and the Student Guardian visa (subclass 590) took effect on 2 October 2026, and they apply to every application made on or after that date.
The changes affect two things: where you can apply from, and whether your family can come with you. Below, we set out the rules, then walk through real situations so you can see which applies to you.
Student visa changes: most applicants must now apply from outside Australia
Most temporary visa holders in Australia can no longer lodge a Student visa or Student Guardian visa application while in Australia. According to the Australian Government’s Study Australia website, this includes Working Holiday Maker and Skills in Demand (subclass 482) visa holders. The Department of Home Affairs publishes the full list of affected visas on its Student visa page.
This includes current Student visa holders who want to apply for another Student visa, unless an exemption applies. It also includes people who currently hold a Student visa as a dependant and now want to apply as the main student.
If the new rules apply to you, you must be outside Australia both when you lodge the application and when the visa is granted.
Current Student Guardian visa holders can still lodge a further Student Guardian visa application while in Australia.
Who can still apply in Australia
According to the Department of Home Affairs fact sheet, a current Student visa holder may still be able to apply for another Student visa in Australia if they:
- need up to 12 more months after their original course end date to complete their studies, continuing with the same education provider (where there is a package of courses, the course needing more time must be the main course);
- are sponsored by the Department of Foreign Affairs and Trade (DFAT) or Defence;
- are applying to study a PhD;
- are applying to undertake primary or secondary school studies;
- have completed their main course with an Australian Qualifications Framework (AQF) level and are progressing to a course at a higher AQF level;
- have completed school studies and are progressing to a course without an AQF level;
- have completed a course without an AQF level and are progressing to a course with an AQF level; or
- cannot continue their course because their education provider has defaulted.
One important detail: if you completed a higher education course, your next course must also be a higher education course delivered by a higher education provider.
Real situations: which rules apply to you?
These examples apply the Department of Home Affairs rules to common situations. Every case depends on its own facts, so treat them as a guide rather than advice.
Your situation | Where you must apply | Why |
You finished a Bachelor degree and want to start a Master’s by coursework | In Australia is possible | Progressing from a completed course to a higher AQF level, within higher education |
You finished a Bachelor degree and want to study a Diploma or Certificate IV | Outside Australia | After a higher education course, your next course must also be higher education |
You finished a Diploma and want to start a Bachelor degree | In Australia is possible | Progressing from a completed course to a higher AQF level |
You need six more months to finish your course with your current provider | In Australia is possible | Up to 12 more months is allowed with the same provider. Changing provider would lose this exemption |
You hold a Working Holiday visa and want to study | Outside Australia | Working Holiday Maker visa holders can no longer apply onshore. You must also be offshore when the visa is granted |
You are on your partner’s Student visa and want your own course as the main student | Outside Australia | Dependants applying as the main student are covered by the new rule |
You are studying a Master’s by coursework and want your partner to join you later | Not possible as a family member | Family can no longer be added after grant, and a coursework Master’s is not a family exemption |
You lodged your application on 30 September 2026 | Old rules apply | Applications lodged before 2 October 2026 are assessed under the rules at the time of lodgement |
Student visa family members: partners and children
Including family in a new application
Student visa applicants can no longer include family members (a partner or dependent children) in their application, unless an exemption applies. This also applies to applications for a further Student visa.
You may still be able to include family members if you are:
- studying a PhD;
- sponsored by DFAT or Defence;
- receiving a foreign government scholarship; or
- an eligible student from a Pacific country or an ASEAN member country.
If your family members are already included in your current Student visa and you are applying in Australia, you may be able to include them in your next application. The main applicant and all family members included in an application must be in the same location when it is lodged.
Adding family after the visa is granted
Current Student visa holders can no longer add family members after their visa has been granted. There are no exemptions to this rule.
This is the most significant change for many students. Plans to bring a partner or children to Australia later in a course should be reviewed now, and families may need to consider other family and partner visa pathways.
What has not changed
- Your current Student visa is not affected.
- Applications lodged before 2 October 2026, including those that included family members, will continue to be assessed under the rules that applied when they were lodged.
- Australia continues to welcome international students who meet the visa requirements, including the Genuine Student requirement.
What you should do now
The student visa changes of October 2026 turn timing and sequencing into the deciding factors. Before you enrol in a new course, change providers, plan travel, or make arrangements for family, you should confirm:
- whether you can still apply in Australia, or must leave to apply;
- whether any exemption applies to your circumstances; and
- whether your family can be included, and when.
Getting this wrong can mean leaving Australia to lodge an application, or separating from family for longer than planned. If you are still choosing a course, our guide to degrees and courses that lead to permanent residency is a useful starting point.
Before you enrol or change course: a student checklist
- Check your next course’s AQF level against the course you have completed. Moving up a level is usually what keeps the onshore option open.
- Stay in higher education if you have completed a higher education course. Moving to a VET course generally means applying from outside Australia.
- Do not change provider without advice if you are relying on the 12-month extension exemption.
- Plan family arrangements before you apply, not after. Family can no longer be added once a Student visa is granted.
- Allow time to travel if you must apply offshore. You must be outside Australia both when you lodge and when the visa is granted.
- Watch for the new Transfer stream. The Government has said a new Transfer stream is intended for students who change education providers. Details are still being developed.
How Augustine & Co. can help
Few firms combine immigration lawyers with education consultants. Our immigration lawyers and education consultants can review your current visa, your next course and your family circumstances together, and map out a pathway that keeps your options open under the new rules.
Book a consultation or call +61 3 7020 6514.
Augustine & Co. Immigration Lawyers — Lighting the way to YOUR Australian dream.
Frequently asked questions
Does this change affect the Student visa I already hold?
No. Your current visa is not affected. The new rules apply to applications made on or after 2 October 2026.
I lodged my application before 2 October 2026. Do I need to do anything?
No. Applications lodged before 2 October 2026 are assessed under the rules that applied when they were lodged, including applications that included family members.
Can I switch from a working holiday or visitor visa to a Student visa in Australia?
Most temporary visa holders can no longer do this. You would generally need to be outside Australia when you apply and when the visa is granted.
Can my partner join me after my Student visa is granted?
Not as a subsequent entrant on your Student visa. There are no exemptions to this rule.
Can I still extend my studies with my current provider?
Possibly. An exemption may apply if you need up to 12 more months to complete your course with the same provider.
Can I move from a Bachelor degree to a Master’s degree in Australia?
Generally yes, if you have completed the Bachelor degree and the Master’s is a higher education course at a higher AQF level.
I hold a Skills in Demand (482) visa. Can I switch to a Student visa in Australia?
Generally no. Skills in Demand visa holders are among those who must now apply from outside Australia.
This article is general information only and does not constitute legal advice. Information is current as at 29 October 2026.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
