The Migration Amendment (Student Visa Reform) Regulations 2026 have been made, amending the Migration Regulations 1994 to change who may apply for a Student (Subclass 500) visa, where they must be when applying, and who may be included as a secondary applicant.
The Regulations were made by on 1 October 2026 and commenced on 2 October 2026. It amends the item 1222 of Schedule 1 and clauses 500.311, 500.315 and 500.411 of Schedule 2 to the Migration Regulations 1994. It applies only to visa applications made on or after commencement.
Key amendments:
- Onshore Student visa holders must apply from outside Australia. A person who holds a Subclass 500 visa and is seeking a new Student visa as a primary applicant must generally be outside Australia when applying. The exceptions are Defence students, Foreign Affairs students, school students, and any classes specified by legislative instrument.
- Secondary applicants are restricted. A family member may apply as a secondary applicant only if the primary applicant is:
- a Defence student;
- a Foreign Affairs student; or
- the holder of a passport from a Pacific-regional country, or from a country specified in sub regulation 1222(5A).
- Existing families are protected. The following may still apply as secondary applicants:
- a secondary applicant in Australia who already held a Student visa as a secondary applicant at commencement;
- a secondary applicant whose earlier application was made before commencement and granted on or after it; and
- a child born in Australia on or after commencement to a primary applicant holding or applying for a Student visa.
- Onshore lodgement is tightened. An applicant in Australia must hold a substantive visa and must not belong to a class excluded by instrument.
- A new limited onshore pathway has been added. It covers a former student visa holder who is not currently on a substantive visa and:
- whose student visa was cancelled;
- whose cancellation (or the Minister’s decision not to revoke it) was set aside and substituted by the Administrative Review Tribunal after the visa ceased; and
- who applies within 28 days of being notified of the Tribunal’s decision and has not previously been granted a visa on an application made while not holding a substantive visa.
- Family unit criteria are simplified. A secondary applicant must now be a member of the family unit of a person who satisfies the primary criteria (clause 500.311).
- Location at the time of grant is clarified. An applicant who was required to apply from outside Australia must still be outside Australia when the visa is granted. In any other case the applicant may be in or outside Australia, but not in immigration clearance (clause 500.411).
Click here: Migration Amendment (Student Visa Reform) Regulations 2026
