🇦🇺 Study & students

The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Instrument 2020 has been amended by the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026. Under the amended framework, onshore applications for further Student visas are tied to defined classes of people rather than being broadly available to all current Student visa holders. A current Student visa holder who is a doctoral student can fall within the new exception. A student affected by provider default can also qualify where the specified conditions are met, including the requirement to apply within 12 months of the provider default. Students who need additional time to complete their existing principal course can qualify in defined circumstances, as can students moving to a more advanced level of study. The family provisions similarly create specific exceptions. A family member of a foreign-government scholarship recipient or doctoral student can be covered, as can certain family members of students affected by provider default or students who need a further short-duration visa to finish their existing principal course. The instrument also changes the structure of Student visa applications by removing the former concept of a “subsequent person” for nil visa application charge purposes. The accompanying regulations provide that Student visa applicants must now apply at the same time, subject to the specific arrangements contained in the reformed framework.

The Migration Regulations 1994 have been amended by the Migration Amendment (Student Visa Reform) Regulations 2026, which commenced on 2 October 2026. These changes introduce new requirements for applicants seeking a Subclass 500 (Student) visa, both inside and outside Australia, and clarify the circumstances under which secondary applicants may apply. For primary applicants, the amendments specify that a person who wishes to meet the primary criteria for a Subclass 500 visa — and who already holds a Subclass 500 visa, whether as a primary or secondary holder — must generally be outside Australia when lodging a new application. Certain categories are exempt from this requirement, including Defence students, Foreign Affairs students, school students as defined in clause 500.111 of Schedule 2, and any other classes of persons specified by legislative instrument. For secondary applicants, the amendments set out more detailed conditions. A secondary applicant may apply for a Subclass 500 visa only if the primary applicant is a Defence student, a Foreign Affairs student, or holds a passport from a Pacific‑regional country or a country listed in subregulation (5A). A secondary applicant may also apply if they were in Australia and held a Subclass 500 visa as a secondary holder on the commencement date (2 October 2026), or if they applied for a Subclass 500 visa before commencement and that visa was granted on or after commencement as a secondary holder. Additionally, a child born in Australia on or after commencement may apply if their parent (the primary applicant) held or had applied for a Subclass 500 visa at commencement. Secondary applicants may also apply if they fall within a class of persons specified by instrument. The amendments also introduce general requirements for applicants in Australia. An applicant must usually hold a substantive visa and must not belong to an excluded class of persons. An exception exists for individuals who do not currently hold a substantive visa but whose last substantive visa was a student visa that was cancelled and later set aside by the Administrative Appeals Tribunal (AAT) after the visa had ceased. In such cases, the application must be lodged within 28 days of the AAT’s notification, and the applicant must not have previously been granted a visa based on an application made without holding a substantive visa. Finally, the amendments clarify that an applicant must be outside Australia at the time of visa grant if they were required to be outside Australia when lodging the application or if they did not meet the criteria to apply from within Australia.

From commencement, a holder of a specified substantive temporary visa is prevented from lodging the relevant Student visa application in Australia under subitem 1222(4) of Schedule 1 to the Migration Regulations. The specified visas are Subclass 403 Temporary Work (International Relations), Domestic Worker (Diplomatic or Consular) stream, for any person; Subclass 485 Temporary Graduate, any stream, for any person; Subclass 600 Visitor, any stream, for any person; Subclass 601 Electronic Travel Authority, any stream, for any person; Subclass 602 Medical Treatment, any stream, for any person; Subclass 651 eVisitor, any stream, for any person; Subclass 771 Transit, any stream, for any person; and Subclass 988 Maritime Crew, any stream, for any person. The instrument also specifies Subclass 995 Diplomatic (Temporary), but only where the person is the primary visa holder. The instrument applies specifically to a substantive temporary visa. It defines the relevant term by reference to the Migration Act 1958 and identifies the visa subclass, applicable stream and person covered. It does not itself create new Student visa eligibility criteria or alter the substantive criteria for granting a Student visa.

The BSB80120 Graduate Diploma of Management (Learning) (GDML) is now specified as a class of courses for automatic suspension and cancellation under section 96B of the ESOS Act. This means that if, 30 days after the Instrument's commencement, a registered VET provider has overseas students enrolled in and undertaking (but not completed or withdrawn from) the GDML, the provider's registration for that course is automatically suspended. During suspension, providers cannot recruit, enrol, or accept new payments for the GDML. Once all continuing students complete or withdraw, or if no students are enrolled 30 days after commencement, the provider's registration for the GDML is automatically cancelled. Cancelled providers must cease offering the course and cancel any Confirmations of Enrolment (CoEs) for future commencement. Registered VET providers cannot apply to register, renew registration, or add the GDML to an existing registration while the Instrument is in force. This applies to registered VET providers but excludes Table A providers. The government has stated that existing students who have commenced the course can complete their studies with their current provider. The measure therefore targets new international student recruitment rather than forcing currently enrolled students out of their course. The government identified significant integrity concerns behind the decision. It stated that the GDML had been associated with high rates of visa refusals and course non-completion and that there was evidence of the course being used to facilitate onshore transfers by non-genuine students. The measure is intended to strengthen the integrity of Australia's international education sector and protect the student visa system from misuse.

The new framework has been in force since 1 June 2026. A person whose Student visa application is refused may still have a right to seek ART review where the decision is reviewable. However, where the new paper-review provisions apply, the review is handled under the paper-based process rather than automatically proceeding as an oral hearing.

The Migration Regulations 1994 are amended, specifically by Schedule 1 of the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2026. -The standard first instalment for a Temporary Graduate visa application is AUD 4,600. -Additional applicants aged 18 or over pay AUD 2,300. -Additional applicants under 18 pay AUD 1,160. -The new charges apply to applications lodged on or after 1 March 2026. -Special fee arrangements continue for eligible passport holders from specified countries.

Current rules for this policy, plus every recorded change.