Student visa changes from 2 October 2026: who can still apply from inside Australia

If you hold a student visa and are planning your next course, the rules about where you can apply from have changed. Since 2 October 2026, most people who already hold a Subclass 500 student visa must apply for their next student visa from outside Australia.

People in Australia on 16 other visa types, including visitor, working holiday, Temporary Graduate (Subclass 485) and Skills in Demand (Subclass 482) visas, must also apply from outside Australia if they want to study.

Four exemptions still allow some current students to apply onshore: doctoral students, students affected by a provider default, students finishing their current course, and students moving up to one higher level course. For students at Victorian universities, TAFE institutes and private colleges, this means course changes, travel and family arrangements need to be checked before an application is lodged, not afterwards.

What the new rules are

The changes are made by three pieces of Commonwealth law that work together. The Migration Amendment (Student Visa Reform) Regulations 2026 set the new rules. A legislative instrument known as LIN 26/087 sets out who is exempt. A second instrument, LIN 26/102, lists the other visas whose holders must apply for a student visa from outside Australia.

All three were made and registered on 1 October 2026 and apply to applications made from 2 October 2026 onwards.

Student visas are governed by Commonwealth migration law, so the same rules apply in every state and territory.

Who is affected in Victoria

The changes reach further than current students. In practice, they affect:

• International students

  International students who plan to change course, change provider, or extend their studies.

• Partners and children

  Partners and children of students who want to be included in a new student visa application.

• Temporary visa holders

  People on visitor, working holiday, graduate or skilled temporary visas who are in Victoria and want to begin studying.

• Victorian employers

  Victorian employers whose staff on Subclass 482 or 485 visas are considering further study, since those staff can no longer switch to a student visa while onshore.

• Education providers

  Victorian education providers enrolling onshore students, whose prospective students may now need to leave Australia to apply.

The four exemptions: when you can still apply from inside Australia

If you hold a Subclass 500 visa, you can apply for a new student visa from inside Australia if one of the below exemptions applies.

Defence students, Foreign Affairs students and school students were already exempt under the regulations and remain exempt. The exemptions are set out in LIN 26/087.

If none of the above apply to your current circumstances, the application must be made from outside Australia.

Changing courses: moving up is allowed onshore, moving sideways or down is not

The course progression exemption allows one further course at a higher AQF level. It does not cover a move to a course at the same level, a move to a lower level, or enrolment in several further courses.

Two additional rules apply.

First, if the course you completed was a higher education course (such as a bachelor degree), your next course must also be a higher education course, delivered by a higher education provider.

Second, if the course you completed had no AQF level (for example, a standalone English language course), your next course must have an AQF level, unless you were a school student.

If you hold another type of visa

If you are in Australia on one of the visas listed below and want to study, you must apply for a student visa from outside Australia. The list is set by LIN 26/102. It replaces an earlier list registered in September 2026; the October 2026 instrument is the one that now applies.

For Victorian employers, this matters most for staff on Subclass 482 and 485 visas. A staff member who wants to move to full-time study can no longer make that switch from within Australia, and will need to plan for an application, and a visa grant, while outside Australia.

Partners and children

Family members included in a student visa application are known as secondary applicants. Under the new rules, they can be included only in limited circumstances:

The practical point is that an exempt student cannot always include family onshore.

A student relying on the course progression exemption, for example, should check the family rules separately before assuming a partner or child can be included.

Two further changes to note

First, if you were required to apply from outside Australia, you must also be outside Australia when the visa is granted. Travel plans, leases and work commitments in Victoria should be arranged with this in mind.

Second, if your student visa was cancelled and the Administrative Review Tribunal later set the cancellation aside, you can apply for a new student visa within 28 days of being notified of the Tribunal’s decision.

Applications lodged around 1 and 2 October 2026

The new rules apply to applications made on or after 2 October 2026. An application made before that date is not affected. If you lodged around this time, keep a copy of your lodgement confirmation showing the date, as it determines which rules apply to your application.

What should you do next?

Before lodging a new student visa application, work through the following steps.

When should you get advice about your student visa?

Get advice before you apply if any of these apply to you:

• You’re changing education sectors, for example moving from university to VET.
• Your provider has closed or stopped offering your course.
• You want to include your partner or children.
• Your current visa expires soon.
• You’ve had a visa refused or cancelled.

In these situations, whether you qualify for an exemption depends on the details. Applying from the wrong place can make your application invalid, and you cannot fix it once it has been lodged.

This article provides general information only and does not constitute legal advice. The law and regulatory requirements may change, and their application will depend on your circumstances. You should obtain advice tailored to your situation.

Sources and further reading

• Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347), Federal Register of Legislation, made and registered 1 October 2026.
• Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087, F2026L01349), Federal Register of Legislation, made 1 October 2026.
• Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102, F2026L01348), Federal Register of Legislation, made 1 October 2026.