A new Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068) was made on 21 September 2026 specifying which temporary visa holders are prevented from lodging a Student visa application while in Australia.
It repeals and replaces the Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016 instrument.
Under the instrument, a person holding one of the following substantive temporary visas is precluded from lodging a Student (Subclass 500) or Student Guardian (Subclass 590) visa application while onshore in Australia:
- Subclass 403 (Temporary Work – International Relations) – Domestic Worker (Diplomatic or Consular) stream only
- Subclass 485 (Temporary Graduate) – any stream
- Subclass 600 (Visitor) – any stream
- Subclass 601 (Electronic Travel Authority) – any stream
- Subclass 602 (Medical Treatment) – any stream
- Subclass 651 (eVisitor) – any stream
- Subclass 771 (Transit) – any stream
- Subclass 988 (Maritime Crew) – any stream
- Subclass 995 (Diplomatic – Temporary) – any stream, applicable to primary visa holders only
Applicants holding any of the above visas will need to depart Australia before applying for a Student or Student Guardian visa, rather than lodging the application onshore.
