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Australia Amends Student Visa Regulations to Impose Stricter Onshore Application Requirements and Family Unit Criteria

🇦🇺 AustraliaStudent Visas1 recorded versionLast change 1 Oct 2026
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Current rules

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.

Overview

The Migration Amendment (Student Visa Reform) Regulations 2026 introduces significant changes to the eligibility criteria for Subclass 500 (Student) visa applications. As of 2 October 2026, certain primary student visa holders must be outside Australia to apply for a new student visa, and secondary applicants will face new restrictions on applying from onshore. These amendments aim to tighten visa integrity by curbing repeated onshore applications and ensuring clearer eligibility for family unit members.

Who is affected by the latest change

  • Individuals applying for a Subclass 500 (Student) visa in Australia
  • Individuals applying for a Subclass 500 (Student) visa from outside Australia
  • Existing Subclass 500 (Student) visa holders seeking to apply for a new student visa
  • Family members (secondary applicants) of Subclass 500 (Student) visa primary holders
  • Applicants in Australia whose previous student visa was cancelled and the Administrative Appeals Tribunal (ART) set aside that decision

What changed in the latest version

Before

Before the amendments, the Student visa framework generally permitted a Subclass 500 applicant to be inside or outside Australia when applying, subject to the existing restrictions applying to particular visa holders. The explanatory statement specifically identifies the previous rule in item 1222 of Schedule 1 as allowing a Student visa applicant to be inside or outside Australia, provided they were not in immigration clearance. Certain temporary visa holders were already required to apply from outside Australia, but the new regulations add a much broader restriction for existing Student visa holders seeking a further Student visa. This meant that a student already in Australia could, where otherwise eligible, make a further Student visa application without automatically having to leave Australia first. The new rules change that position for most existing Student visa holders. The previous family framework was also considerably broader. A secondary applicant could qualify where they were a member of the primary applicant's family unit, generally meaning a spouse or dependent child who satisfied the applicable definition. Family members could also apply later as subsequent entrants, meaning they could make a Student visa application after the primary applicant had already been granted their visa. The reform therefore changes two established features of the previous system at once. It narrows the ability of existing students to make further applications while remaining in Australia, and it narrows the ability of family members to obtain Student visas independently of the timing and circumstances of the primary applicant's application.

After

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.

These amendments critically impact international students and their family members in Australia. Primary student visa holders who wish to continue their studies or change courses will generally need to depart Australia to lodge a new visa application, introducing potential disruption to their studies, additional travel costs, and processing delays. For family members already in Australia, their ability to remain with the primary student as a secondary applicant has become significantly more restrictive, potentially forcing family separation or requiring them to consider alternative visa pathways. The narrow exception for applying while not holding a substantive visa, following an ART decision, provides a specific but time-limited avenue for a small group of applicants, requiring strict adherence to the 28-day deadline. Overall, these changes necessitate careful planning and professional advice for affected individuals to ensure compliance and avoid adverse outcomes.

Explained simply

Australia is changing the Student visa system from an “extend your stay from inside the country” model to more of a “start your next study chapter from outside the country” model. If you are already in Australia on a Student visa and want another one, you will generally have to leave Australia first, unless you fall into one of the specific exceptions, such as being a doctoral student or needing extra time to finish your current course. The same applies to family members. You can no longer generally have your spouse or children join you later through a Student visa just because they are part of your family. They must fit one of the specific eligible categories and, in most cases, apply alongside you. Think of it like Australia changing the rules for renewing a membership: before, you could usually renew your Student visa while still inside the country and add eligible family members later. Now, for most students, renewing means stepping outside the door first, while only certain groups are allowed to renew from inside.

Frequently asked

Version history

  1. v1Effective 2 Oct 2026EffectiveHigh impact
    Australia Amends Student Visa Regulations to Impose Stricter Onshore Application Requirements and Family Unit Criteria

    Australia has amended its Migration Regulations 1994 through the Migration Amendment (Student Visa Reform) Regulations 2026, effective from 2 October 2026. This instrument introduces significant changes to the Subclass 500 (Student) visa programme. Most notably, student visa holders already in Australia as primary applicants must now generally apply for any subsequent student visa from outside the country, with limited exceptions for specific student types. Furthermore, secondary applicants (family members) in Australia face new restrictions on their ability to apply for a Subclass 500 visa, with eligibility tied to the primary applicant's specific category or their own prior visa status. New rules also clarify conditions for applying while not holding a substantive visa, such as after a successful Administrative Appeals Tribunal (ART) review of a visa cancellation.

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