Law Council of Australia

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Changes to student visa application rules

13 October 2026

The Department of Home Affairs has provided the following advice on changes to student visa application rules for the legal profession's attention.

From 2 October 2026, new rules change who can apply for and be granted a Student visa (subclass 500) or Student Guardian visa (subclass 590) while in Australia, and whether family members can be included.

These changes may affect people wanting to:

1. Applying for a Student visa or Student Guardian visa while in Australia

Most temporary visa holders in Australia must now be outside Australia when they lodge a Student or Student Guardian visa application, and when a visa is granted. A list of affected visas can be found at Subclass 500 Student visa.

This rule also affects current Student visa holders applying for another Student visa, unless an exemption applies (see below). The changes do not affect current Student visas.

Current Student Guardian visa holders can continue to lodge a further Student Guardian visa application while in Australia.

Exemptions – applying for another Student visa in Australia

Limited exemptions for current Student visa holders applying for another Student visa are in place. These include requiring additional time to complete a course, course provider default, specific cohorts of students, and certain course progressions.

Further information, a list of affected visas and full details of exemptions for current Student visa holders can be found at: Subclass 500 Student visa.

2. Including or adding family members as secondary applicants

Student visa applicants – whether they are applying for their first or a further Student visa – can no longer include family members in their Student visa application, unless an exemption applies.

Exemptions – including family members at the time of application

Limited exemptions to this rule are in place. These include exemptions for PhD students, nationals of Pacific and ASEAN countries, foreign government scholarship recipients and students sponsored by the Department of Defence or the Department of Foreign Affairs and Trade.

No Student visa holder or applicant can add family members after their Student visa has been granted. There are no exemptions to this rule.

Further information and full details of exemptions can be found at: Subclass 500 Student visa.

Applications lodged before 2 October 2026

Student visa applications 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.

Applicants should understand how the new rules affect them before making visa, study, travel, or relocation plans.

Further information and resources

Last Updated on 15/10/2026

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