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Student Visa Changes October 2026: What Applicants Need to Know | Australian Migration Lawyers

資深助理 - 資深澳洲移民律師
發佈日期:
October 5, 2026
|
修改日期:
October 5, 2026
學生
資深助理 - 資深澳洲移民律師
發佈日期:
October 5, 2026
修改日期:
October 5, 2026
資深助理 - 資深澳洲移民律師
發佈日期:
October 5, 2026
修改日期:
October 5, 2026
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重點摘要

  • From 2 October 2026, most temporary visa holders in Australia can no longer apply for a Student visa (Subclass 500) or Student Guardian visa (Subclass 590) onshore.
  • Student visa holders applying for a further Student visa are also affected, unless a specific exemption applies.
  • Family members (partner and dependent children) can no longer be included in a Student visa application, except in limited circumstances.
  • Current Student visa holders can no longer add family members as subsequent entrants after the visa is granted, with no exemptions available.
  • Applications lodged before 2 October 2026 continue to be assessed under the previous rules.
  • If the new restrictions apply to your situation, you will need to be outside Australia when you lodge your application and when your visa is granted.
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Overview of the October 2026 Changes

The Department of Home Affairs introduced significant amendments to the Student visa (Subclass 500) and Student Guardian visa (Subclass 590) framework, effective 2 October 2026. The changes operate across two areas: who can lodge a Student visa application while in Australia, and whether family members can be included in or added to a Student visa application.

These changes affect a wide range of people, including those currently on temporary visas who intend to study, existing Student visa holders seeking to extend their studies, dependants who wish to apply in their own right, and students who planned to have family members join them in Australia later.

It is important to note that the changes do not affect your current Student visa. If you already hold a valid Student visa, that visa remains in effect under the rules that applied when it was granted.

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Who Can No Longer Apply for a Student Visa Onshore

Most temporary visa holders in Australia were able to lodge a Student visa application without leaving the country. From 2 October 2026, this is no longer the case for the majority of applicants.

Most temporary visa holders in Australia are now required to be outside Australia when they lodge their Student visa application and also when the visa is granted. This is a significant departure from prior practice and will require careful planning, particularly for those who have already enrolled in a course, made travel arrangements, or made relocation decisions based on the previous rules.

The same restriction applies to current Student visa holders applying for another Student visa, unless one of the exemptions discussed below applies. This includes applicants who currently hold a Student visa as a dependant and wish to apply as a primary applicant in their own right.

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

The Department of Home Affairs has published a list of affected visa subclasses on the Subclass 500 Student visa page on its website.

Exemptions for Onshore Applications

The new rules include a defined set of exemptions for Student visa holders who wish to lodge a further Student visa while remaining in Australia. These exemptions are specific and should not be assumed to apply without careful assessment of individual circumstances.

Exemption Key condition
Course extension Up to 12 additional months beyond the original course end date, with the same education provider. Where a course package applies, the course requiring extension must be the main course.
DFAT or Defence sponsorship Applicant must be sponsored by the Department of Foreign Affairs and Trade (DFAT) or the Department of Defence.
PhD studies Applicant is applying to study for a PhD.
Primary or secondary school Applicant is applying to undertake primary or secondary school studies.
AQF progression (upward) Completed your main course with an Australian Qualifications Framework (AQF) level and progressing to a higher AQF level course. Where the completed course was a higher education course, the next course must also be a higher education course delivered by a higher education provider.
School to non-AQF course Completed school studies and progressing to a course without an AQF level.
Non-AQF to AQF course Completed a course without an AQF level and progressing to a course that has one.

Each of these exemptions requires precise assessment against individual circumstances. Whether a particular progression qualifies, or whether a course completion meets the relevant criteria, is not always straightforward and legal guidance is strongly recommended before making any visa decisions.

Changes to Including Family Members in a Student Visa Application

From 2 October 2026, Student visa applicants can no longer include family members, that is, a partner or dependent children, in their Student visa application, unless an exemption applies. This applies equally to those lodging a further Student visa application.

There is also no longer any ability for a current Student visa holder to add family members as subsequent entrants after their Student visa has been granted. The Department of Home Affairs has confirmed there are no exemptions to this rule. Once a Student visa is granted, family members cannot be added to it.

Where the primary applicant and family members are included in the same application under an exemption, all applicants must be in the same location when the application is lodged.

Exemptions for Including Family Members

The following categories of Student visa applicants may still include family members in their application:

  • Applicants studying for a PhD
  • Applicants sponsored by the Department of Foreign Affairs and Trade or the Department of Defence
  • Applicants receiving a foreign government scholarship
  • Eligible students from a Pacific country or an ASEAN member country
  • Applicants already in Australia applying for a further Student visa, where family members are already included in the current Student visa

As with the onshore lodgement exemptions, these provisions require careful assessment. Students who believe they may qualify under any of these categories should seek professional advice before lodging.

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Applications Lodged Before 2 October 2026

Student visa applications lodged before the new rules commenced, including applications that included family members, will continue to be assessed under the rules that were in place at the time of lodgement. The new restrictions do not apply retrospectively.

If you lodged your application before 2 October 2026, you do not need to take any action as a result of these changes.

What This Means for Prospective Students and Current Visa Holders

The practical implications of these changes are considerable. Prospective students who are currently in Australia on a temporary visa and who are not covered by an exemption will need to will need to depart Australia to lodge their application and remain outside Australia until the visa is granted. This has implications for enrolment timing, course commencement dates, and personal circumstances.

Current Student visa holders who assumed they could apply for a further visa from within Australia should now carefully review whether their situation is covered by one of the available exemptions before making commitments to education providers or making travel arrangements.

Families planning to study in Australia together face a significantly narrowed set of options and will need to consider whether their circumstances qualify for one of the prescribed exemptions or whether alternative arrangements are required.

These changes reflect the Australian Government's broader approach to temporary migration integrity and represent a substantial tightening of the onshore application pathway for international students.

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澳洲移民律師如何提供協助

The October 2026 Student visa changes are complex, and their application to individual circumstances is not always clear-cut. Whether you are a prospective international student, a current Student visa holder, a family member seeking to join a student in Australia, or an education provider advising students, professional migration advice is important before acting on these changes.

Australian Migration Lawyers has extensive expertise in student and temporary visa pathways. Our team is available seven days a week to assess your circumstances and advise on your options under the new rules.

Contact us today to discuss your situation.

尼古拉斯·梅林 先生

尼克擁有 15 年美國法律及公共行政領域的經驗,其後又從事 5 年澳洲移民法實務工作,因此作為一名澳洲移民律師,他能將深厚的跨司法管轄區法律專業知識運用於其工作中。

尼克持有佛羅里達州立大學政治學文學士學位(2000年)、聖托馬斯大學法學院法學博士學位(2004年),以及佛羅里達州立大學公共行政碩士學位(2007年)。 自2006年起成為佛羅里達州律師協會會員,並於2007年取得哥倫比亞特區上訴法院律師資格。在2021年遷居墨爾本前,他已建立卓越的國際法律事業。

在拉籌伯大學(La Trobe University)及法律學院(The College of Law)完成澳洲法律學業後,他於2022年獲維多利亞州最高法院核准成為澳洲律師。其後,他取得執業律師編號5513285,並以此從事移民法相關業務。他是維多利亞州律師公會(Law Institute of Victoria)的會員。

尼克針對各類移民事務提供專業指導。由於他本人也曾親身經歷過移民流程,因此不僅具備專業知識,更能真切體會客戶在整個過程中所經歷的一切。

尼克為全國各地的客戶提供服務,包括墨爾本、雪梨、布里斯本、珀斯和阿德萊德,並提供全方位的支援。  

他曾代表當事人參與行政覆核審裁處(ART)的聽證程序,並將其在審裁處的辯護經驗運用於複雜且具爭議性的移民案件中。

在工作之餘,尼克喜歡閱讀、旅行,以及探索墨爾本的咖啡文化。

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法律免責聲明:由「澳洲移民律師」發布的文章及部落格貼文僅提供一般性資訊,並不構成移民或法律建議。閱讀此內容並不構成律師與客戶之間的關係,且任何依賴此內容的行為,風險均由您自行承擔。由於移民法規經常變更,在做出任何移民決定或提出申請之前,請諮詢註冊的澳洲律師,以獲取針對您具體情況量身訂製的專業建議。

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