New rules for student visas in Australia, effective 2 October 2026, impose further restrictions on the ability of international students to make onshore visa applications and bring dependent family members to Australia.
This instrument amends the 2022 rules to provide for the specific circumstances in which international students may be eligible to make an onshore student visa application or fall under the related family provisions.
Understanding these exceptions is important for people in the following situations: PhD students, students who need to complete their studies, students who need to transfer to another educational institution, students whose educational institution has defaulted, students whose family members are government sponsored students, and family members of students who need to complete their studies.
What do the new amendments state?
The amendment introduces specified classes relating to:
● Doctoral students.
● Students who have been affected by educational provider default.
● Students who need to complete their studies.
● Students who need to progress to another course.
● Family members of government sponsored students.
● Eligible family members of doctoral students.
● Family members of students affected by educational provider default.
● Family members of students who need to complete their studies.
These provisions are specific legal exceptions. They should not be interpreted as a general permission for every current Student visa holder to apply onshore or include family members.
1. Doctoral students: Can PhD students apply onshore?
An eligible person seeking to satisfy the primary Student visa criteria in relation to a doctoral degree course may apply onshore.
Therefore, a student transitioning from a bachelor’s or masters degree to a doctoral degree may be eligible to make an onshore student visa application.
Enrolling in a PhD does not mean you are eligible for a Student visa. You need to meet the relevant requirements and conditions of the instrument, as well as other visa requirements.
What should doctoral students check?
● If the courses offered meet the doctoral-degree definition.
● If they currently qualify for the exception.
● The appropriate time and place to apply.
● If they qualify for the other Student visa requirements.
2. Students affected by education-provider default
Sometimes education providers are not able to provide the course as expected, for example, due to financial collapse. This may result in students needing to change education providers or study elsewhere.
This amendment establishes a specific class for students affected by provider default.
This may apply in the case where a student has to study elsewhere in order to complete an eligible course.
However, just because a provider defaults does not mean the student is exempt from all visa requirements. The student has to be able to demonstrate that the other requirements and conditions are also satisfied.
If your education provider has defaulted, closed or otherwise not been able to provide your course, retain records of your enrolment and communications with the provider. If you have to study elsewhere to complete your course, retain evidence of your alternative study arrangements.
3. Students who need to complete their existing studies
Some students may need additional time to complete their studies due to the scheduling of courses, changes in the delivery of courses, approved interruptions or other reasons.
The exception does not apply automatically to all Student visas. It is a separate pathway that must be assessed on a case-by-case basis against the requirements of the instrument.
Students should check if their course and/or enrolment history meets the criteria. Students should also check if their reason for needing a further Student visa meets the criteria.
It is recommended that students do not wait until their current Student visa is about to expire to check their options.
4. Students progressing to another course
The amendment has also made changes to certain rules relating to the progression of students between courses.
Students may wish to continue their education beyond their current qualification and/or progress along an academic pathway. Having said this, a student being offered a new course does not allow the student to apply for another Student visa and remain in Australia.
In all cases, the applicable exceptions must be satisfied and the other requirements relating to the grant of the visa must be satisfied.
Before students accept an offer of a place in a course, the students should ensure the course progression satisfies the applicable exceptions and an onshore visa application is available.
5. Can students include their spouse or children?
The new rules provide for family members of certain classes of students.
The classes of students include:
● Foreign government scholarship students.
● Eligible doctoral students.
● Students whose course has been affected by a provider default.
● Students who are seeking to complete their studies.
These provisions operate alongside the broader restrictions on including family members in Student visa applications.
The existence of a family-related class does not mean that every spouse or child qualifies. The primary applicant and the family member must satisfy the relevant requirements.
Students should establish their eligibility before making family relocation plans, paying additional accommodation costs or assuming that a partner can join them later.
6. Can family members apply later as subsequent entrants?
Previously, under certain Student visas, holders could add subsequent entrants to their visa. This will no longer be the case.
In practice, students cannot assume they will be able to obtain their Student visa first and then sponsor a partner to join them later on the same basis.
Transitional and other considerations in the rules are very limited, so the correct position will depend on the particular application and family situation.
When planning family relocations to Australia, investigate the family provisions to determine your eligibility
7. What about students whose applications were already lodged?
There are application and transitional provisions. Broader changes that commence on 2 October 2026 will usually apply to applications made on or after that date. However, there are exceptions.
The Department states that applications made prior to 2 October 2026 will be assessed under the rules that were in effect on the date of application.
If you made an application prior to the amendments and the rules changed in your favor, retain evidence of your application and review the Department’s policies to see how they apply to you.
Other factors, such as visa deadlines, may make it prudent for you to seek the services of a registered migration agent in Australia.
Frequently asked questions
1. Can every PhD student apply for a Student visa onshore?
No. Doctoral students are covered by a specified class, but applicants must meet the actual legal criteria and all other applicable requirements.
2. Can a student whose education provider has defaulted apply onshore?
No. Although PhD students are a specified student class, applicants need to meet all of the other relevant requirements.
3. Does it allow every student to bring their family?
No. The family provisions apply to defined classes and must be read alongside the wider restrictions on family members in Student visa applications.
4. Does qualifying for an exception guarantee visa approval?
No. An exception to an application-location requirement does not remove the other Student visa criteria.
Final thoughts
students whose circumstances may fall within one of the new exceptions, especially doctoral students, people affected by provider default and those who need to complete their studies.
The key is to identify the exact legal category that applies to your situation. Do not rely solely on your course offer, your relationship to a current student or another person’s experience when deciding whether you can apply onshore or include family members.
