A new amending instrument has been registered, revising the classes of persons who may apply for a Student (Subclass 500) visa from within Australia, and the family members who may be included, in amendment of LIN 20/158.
The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087) was made on 1 October 2026. It is made under subitem 1222(5) of Schedule 1 to the Migration Regulations 1994.
It commences on the later of the day after registration and immediately after the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026. It applies to visa applications made on or after its commencement.
Primary applicants who may apply from within Australia:
- Doctoral students: persons enrolled in a course leading to a doctoral degree when they apply.
- Provider default: students unable to complete a registered course because of provider default, who need a further visa to complete an alternative course. They must apply within 12 months of the provider default day and must not have made an earlier application for the same default.
- Completion of studies: Subclass 500 holders who have commenced but not completed their principal course, and who will complete it within 12 months of the end date on the confirmation of enrolment.
- Course progression: Subclass 500 holders who have completed their principal course and are enrolled in no more than one further course. That course must have a higher Australian Qualifications Framework (AQF) level. A higher education course must be followed by a higher education course delivered by a higher education provider.
Family members who may be included as secondary applicants:
- Family members of students whose courses are fully funded by a foreign government.
- Family members of doctoral students.
- Family members of students affected by provider default, where the family member already holds a Subclass 500 visa as a secondary applicant.
- Family members of students seeking to complete their studies, on the same basis.
Other changes:
- The definition of “provider default” is replaced. It now covers a course that does not start, stops being provided before completion, or is not provided in full, including as a result of sanctions, suspension or cancellation under the Education Services for Overseas Students Act 2000.
- New definitions are added, including AQF, principal course, course of study, higher education course, higher education provider, school student and VAC.
- Several earlier provisions are removed, including the COVID-era definitions (PHEIC, reapplying applicant and subsequent person) and sections 10, 13, 14 and 15 of the 2020 instrument.
