Migration Amendments (Student Visa Reform) Regulations 2026 – Changes to Student Visa
From 2 October 2026, there are new rules for Student visa (subclass 500) and Student Guardian (subclass 590) visas. The rules change applies to who can apply for a student visa, and whether family members can be included.
You can still apply for a student visa if you meet the visa requirements.
The changes may affect you if you are:
- applying for a student visa while in Australia from 02 October 2026
- a student visa holder applying for another Student visa
- including family members in your student visa application
- considering whether family members can join you later
- Applying for a student visa application from outside of Australia
If you are outside of Australia after 02 October 2026
- Any person can make a valid application for a student visa from outside of Australia.
- The student visa applicant needs to meet the eligibility requirements for the visa
- Members of the family unit of the student visa applicant can only be included in the application in the case where they apply at the same time and place and:
- the main student visa applicant is enrolled for a course of study that leads to the award of a doctoral degree (PhD)
- the main applicant is sponsored by the Department of Foreign Affairs and Trade (DFAT) or Defence
- holds a passport from a Pacific‑regional country or Brunei Cambodia, Indonesia, Laos, Malaysia, Mayanmar, Philippines, Singapore, Thailand & Vietnam.
- To support your visa application you need to meet the relevant eligibility criteria including demonstrating that they you are a genuine student assessed under ministerial direction 106.
If you are in Australia and want to apply for another student visa after 02 October 2026
- Applications can only be made onshore if you already hold a student visa and, in the case, where:
- completion of studies needs up to 12 months more after your original course end date to complete your studies
- you are sponsored by the Department of Foreign Affairs and Trade (DFAT) or Defence
- You are applying to study for a PhD
- You are applying to do primary or secondary school studies
- have completed your main course that has an AQF level and are progressing to a course at a higher AQF level. (for example, you can apply for a degree after completing a diploma, and meet the eligibility requirements)
- have completed your school studies and are progressing to a course that does not have an AQF level
- have completed a course that does not have an AQF level, and you are progressing to a course that does have an AQF level
- you cannot continue your course because your education provider has defaulted.
- Applications cannot be made from within Australia from the following visa subclasses: 400/403/407/408/417/457/462/482/485/600/601/602/651/771/998/995
If you are in Australia and hold a student visa – Legislative instrument 20/158
- From 01/10/2026 Students who are currently onshore and have offshore partners and children who have not already applied for a student visa, they will be unable to have their family join them in Australia. This means that unless you have members of your family unit who are already included in your student visa, or unless the application was already made pre 01/10/2026, they cannot be added.
- There are exceptions
- In the case where a baby is born to an already included member of the family unit, the baby can be added.
- The main student has enrolled for a course of study leads to the award of a doctoral degree.
- Applying for a further student visa, can only meet the requirements where there is course progression (for example you cannot go from a degree to a diploma).
- Only family members who are already on your original student visa can be included in the new student visa application.
Applications lodged before 2 October 2026
Student visa applications that have been lodged before the new rules started, including applications that included family members, will continue to be assessed under the rules that were in place when they were lodged.
You can access the fact sheet here
You can make an appointment to discuss how this change affects you at www.immicon.com.au
From the Immicon Team
