Australian Immigration Daily News

The Australian Government has introduced the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068).

The instrument was registered on 24 September 2026 and commenced on 25 September 2026. It repeals and replaces IMMI 2016/016, which was due to sunset on 1 October 2026.

Effect of the instrument

Under Schedule 1 to the Migration Regulations 1994, certain temporary visa holders cannot validly apply for a subclass 500 Student visa or subclass 590 Student Guardian visa while in Australia.

The instrument prescribes the following visa subclasses:

• Subclass 403 – Temporary Work (International Relations)
• Subclass 485 – Temporary Graduate
• Subclass 600 – Visitor
• Subclass 601 – Electronic Travel Authority
• Subclass 602 – Medical Treatment
• Subclass 651 – eVisitor
• Subclass 771 – Transit
• Subclass 988 – Maritime Crew
• Subclass 995 – Diplomatic (Temporary)

A person holding a prescribed visa must generally leave Australia and lodge their Student or Student Guardian visa application from outside Australia.

An application that does not satisfy the Schedule 1 requirements is not a valid visa application. Under subsection 47(3) of the Migration Act 1958, the Minister cannot consider an invalid application.

Purpose of the restrictions

The stated purpose is to prevent temporary migrants who entered Australia for a purpose other than study from using an onshore Student visa application to prolong their stay.

The new instrument substantially continues the arrangements contained in IMMI 2016/016. The former subclass 426 Domestic Worker (Temporary) – Diplomatic or Consular visa has been removed because that program closed to new applications in November 2012.

Implications for applicants and advisers

Before lodging an onshore subclass 500 or subclass 590 application, applicants and migration advisers should carefully check:

• the applicant’s current substantive visa;
• whether the particular visa stream and circumstances fall within the instrument;
• whether the application must be lodged outside Australia; and
• the applicant’s remaining period of lawful stay and departure arrangements.

Careful assessment is essential because an invalid application will not engage the Department’s obligation to consider the visa criteria and may leave the applicant without the expected bridging visa arrangements.

Source: Visas-that-preclude-a-person-from-lodging-a-student-visa-application-in-Australia-Instrrument-2026.pdf and

Visas-that-preclude-a-person-from-lodging-a-student-visa-in-Australia-Instrument-2026-explanatory-statement.pdf