This article was written by Jialin Liu Solicitor at W & G Lawyers.
Is your subclass 500 plan still on track?
Are you in Australia on a Working Holiday, Temporary Graduate or work visa and planning to move to a Student visa? Have you completed a bachelor degree and planned to study a vocational course next? Or were you intending to bring your partner or children after your Student visa was granted?
From 2 October 2026, new rules substantially restrict who may apply for a Student visa in Australia, when family members may be included, and transfers between education providers. Current Student visas remain valid, but future applications and study plans may be affected.
This article explains the main changes and identifies practical issues to check before you lodge an application, change courses, travel or make financial commitments.
The changes at a glance
| Change | What it means |
| Applying in Australia | Most temporary visa holders must now apply from outside Australia. Current Student visa holders may apply in Australia only if they hold an eligible visa and meet a specified exemption. |
| Offshore applications | If the rules require you to lodge outside Australia, you must also be outside Australia when the Student visa is granted. An offshore application does not provide a Bridging visa. |
| Family members | Most applicants can no longer include a partner or dependent children unless an exemption applies. Family members cannot be added as subsequent entrants after grant. |
| Further study | A current Student visa holder generally needs to show genuine course progression to qualify for an onshore further Student visa. |
| Changing providers | Until 30 June 2027, most non-school students are restricted from transferring providers until they have completed 12 months of their principal course, unless an exception applies. |
What if you applied before 2 October 2026
Student visa applications lodged before 2 October 2026 continue to be assessed under the rules that applied when they were lodged, including applications that already included family members. The changes do not affect a Student visa that has already been granted.
However, the transitional treatment applies to the existing application. If you withdraw it and lodge a new application, the new rules will apply. Obtain advice before withdrawing, varying or replacing an application.
Which situation applies to you
1. You hold another temporary visa and want to apply for a Student visa
Most temporary visa holders, including Working Holiday Maker, Temporary Graduate and Skills in Demand visa holders, can no longer lodge a Student visa application in Australia. Depending on the visa you hold, there may be no exemption from the location requirement.
If you are required to apply offshore, you must be outside Australia both when you lodge and when the Student visa is granted. You may enter Australia on another valid visa while the application is being processed, but you will not receive a Bridging visa linked to the offshore application and must leave Australia again before grant.
Practical point: Check the subclass and conditions of your current visa, its expiry date, your proposed departure, expected processing time and course commencement date before paying tuition or making travel arrangements.
2. You already hold a Student visa and want to continue studying
A current Student visa holder can apply for a further Student visa in Australia only if an exemption applies. The exemptions include specified circumstances such as:
• needing up to 12 additional months to complete the main course covered by the current Student visa with the same provider
• having completed the relevant course and progressing to a course at a higher Australian Qualifications Framework level, subject to detailed course and provider requirements
• progressing from certain school or non-AQF studies to an eligible further course
• undertaking a doctoral degree or primary or secondary school studies
• being affected by provider default
• being sponsored by the Department of Foreign Affairs and Trade or the Department of Defence.
The requirements are technical. In particular, if the completed course was a higher education course, the proposed higher-level course must also be a higher education course delivered by a higher education provider. Moving from higher education to VET, or moving to another course at the same AQF level, will generally not support an onshore application under the course-progression exemption. If no exemption applies, the new application must be made outside Australia.
3. You want to include your partner or children
Most Student visa applicants can no longer include family members. Limited exemptions include:
• doctoral students
• DFAT or Defence-sponsored students
• fully funded foreign government scholarship recipients
• eligible nationals of Pacific countries and ASEAN member countries.
Where an exemption applies, the family members must be included in the Student visa application. A partner or child cannot later apply as a subsequent entrant after the Student visa has been granted, and there are no exemptions to that rule. The primary applicant and all included family members must also be in the same location when the application is lodged.
4. Your family members are already included on your Student visa
There are limited arrangements for existing families. If you are eligible to apply for a further Student visa in Australia, you may be able to include the same family members who were included on your Student visa or application before 2 October 2026. There are also limited provisions for existing family members where the primary applicant needs up to 12 additional months to complete the main course or is affected by provider default, including in some offshore applications.
These arrangements depend on the applicant’s circumstances, the basis of the further application and the location of all applicants. Do not assume that a family member’s existing secondary visa status automatically permits inclusion in the next application.
5. A secondary Student visa holder wants to become the primary applicant
A person who currently holds a Student visa as a family member and now wishes to apply as the primary student will generally need to lodge the application outside Australia and be outside Australia when it is granted. The precise position should be checked against the visa subclass and the available exemption categories before lodgement.
6. You want to change education providers
From 2 October 2026 until 30 June 2027, the transfer restriction period for non-school students is 12 months of the principal course. It will revert to six months on 1 July 2027. School students remain subject to a six-month restriction for their first registered school course.
A transfer within the restricted period may still occur if the current provider agrees to release the student in accordance with its transfer policy, the provider or course ceases to be registered, a sanction prevents the provider from continuing the course, or a government sponsor provides written support. Therefore, the rule is not an absolute ban, but a transfer should not be arranged until the applicable requirements have been checked.
7. You hold a Student Guardian visa
A current Student Guardian visa (subclass 590) holder may continue to apply for a further Student Guardian visa in Australia. Other applicants should check the new location requirements before lodging.
How our migration team can assist
We can assist you to:
• assess whether you can lodge in Australia or must apply offshore
• identify whether a course-progression or family-member exemption may apply
• plan the timing of your visa application, travel and proposed study
• prepare and lodge Student visa or Student Guardian visa applications
• advise on visa refusals, cancellations and review options.
Early advice may help you avoid an invalid application, disrupted study or unnecessary travel and expense.
Official sources
• Department of Home Affairs: Changes to Student visa application rules – https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/changes-to-student-visa-application-rules-500-590
• Department of Home Affairs: Including or adding family members – https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/changes-to-student-visa-application-rules-500-590/family-members
• Department of Home Affairs: Student visa subclass 500 – https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500
• Department of Education: Changes to the legislative framework for overseas students – https://www.education.gov.au/esos-framework/changes-legislative-framework-overseas-students
• Federal Register of Legislation: Overseas Student Transfers Instrument 2026 – https://www.legislation.gov.au/F2026L01351/asmade/text
• Study Australia: Student visa changes October 2026 update – https://www.studyaustralia.gov.au/en/tools-and-resources/news/student-visa-changes-october-2026
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Disclaimer
This article is general information only and does not constitute legal advice under Australian law. For advice specific to your situation, please contact W & G Lawyers. For further details, please click here to view our disclaimer.