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要点总结
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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如果您想了解有关签证的更多信息，请联系澳大利亚移民律师进行咨询。
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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.
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.
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.
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.
The following categories of Student visa applicants may still include family members in their application:
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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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.
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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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.
尼克拥有15年美国法律和公共行政领域的从业经验，随后又从事了5年澳大利亚移民法实务工作，因此作为一名澳大利亚移民律师，他具备深厚的跨司法管辖区法律专业知识。
尼克拥有佛罗里达州立大学政治学文学学士学位（2000年）、圣托马斯大学法学院法学博士学位（2004年）以及佛罗里达州立大学公共管理硕士学位（2007年）。 他自2006年起成为佛罗里达州律师协会会员，2007年起成为哥伦比亚特区上诉法院律师协会会员，在2021年迁居墨尔本前已建立起杰出的国际法律职业生涯。
在拉筹伯大学和法律学院完成澳大利亚法律学业后，他于2022年获得维多利亚州最高法院授予的澳大利亚律师资格。随后，他获得了执业律师编号5513285，并以此从事移民法领域的执业工作。他是维多利亚州律师协会的会员。
尼克就各类移民事务提供专业指导。由于他本人也曾亲身经历过移民流程，因此不仅具备专业知识，还能真切理解客户在整个过程中所经历的一切。
尼克为全国各地的客户提供服务，包括墨尔本、悉尼、布里斯班、珀斯和阿德莱德，并提供全面的支持。
他曾在行政复审法庭（ART）的审理程序中代理客户，将法庭辩护经验运用到复杂且存在争议的移民事务中。
工作之余，尼克喜欢阅读、旅行，以及探索墨尔本的咖啡文化。
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