Who can still apply for a student visa in Australia

Since 2 October 2026, whether a person may apply for a student visa while in Australia depends on two things: the visa the person holds, and, for a current student, whether one of seven exceptions applies. The rules are in item 1222 of Schedule 1 to the Migration Regulations 1994, as amended by the Migration Amendment (Student Visa Reform) Regulations 2026. Our news report on the 2 October changes summarises the whole package. The question addressed below is narrower: who can still lodge in Australia, and on what conditions.

Start with the visa currently held

An applicant in Australia falls into one of four groups.

The listed visas are set out in the Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026. They include visitor, working holiday, temporary graduate, training, temporary activity and subclass 482 visas. A person who holds no substantive visa can apply in Australia only in very limited circumstances.

The seven exceptions for current students

A student who holds the visa in their own right may apply in Australia if the student is a Defence student, a Foreign Affairs student or a school student. Those three exceptions are in the Regulations themselves.

Four more are specified in LIN 26/087, the Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026. Each is tested at the time the application is made.

Doctoral students

The student must be enrolled in a course of study leading to the award of a doctoral degree. The class turns on enrolment, not on the stage of the research.

Students affected by provider default

This class protects a student whose provider fails. The student must have been unable to complete a registered course because of provider default, must have been enrolled in that course on the provider default day, and must need a further visa to complete an alternative registered course. The application must be made within 12 months of the provider default day, and the student must not have made an earlier application because of the same default.

Provider default is defined. It covers a course that does not start on the agreed day, a course that ceases before it is completed, and a course that is not provided in full. The definition now expressly includes those events where they result from a sanction on the provider, or from the suspension or cancellation of its registration, under the Education Services for Overseas Students Act 2000.

Students completing their studies

This is the class for a student who needs more time. The student must hold a student visa, must have started the principal course for which the visa was granted, and must not have completed it. The student must be able to complete the course within 12 months of the end date specified in the confirmation of enrolment.

A student who has changed course may still qualify, if the new course is an alternative principal course with the same provider and is not inconsistent with the conditions of the visa. A change to a different provider is outside the wording of the class.

Students progressing to a higher course

The course progression class has the most detail. The student must hold a student visa, must have completed the principal course, and must be enrolled in no more than one further course. The level of the further course is then compared with the level of the course completed.

How the course progression test works

The principal course is defined as the course with the highest Australian Qualifications Framework level among the courses for which the visa was granted. A student whose visa covered an English language course followed by a bachelor degree has the bachelor degree as the principal course. Completing the English course alone does not satisfy the class.

Three rules then apply.

1. Where the completed course has a framework level, the further course must have a higher level.
2. Where the completed course was a higher education course, the further course must also be a higher education course, delivered by a higher education provider.
3. Where the completed course has no framework level, the further course must have one, unless the student was a school student when undertaking the earlier course.

The framework has ten levels. Certificates I to IV sit at levels 1 to 4, a diploma at level 5, an advanced diploma or associate degree at level 6, a bachelor degree at level 7, a bachelor honours degree, graduate certificate or graduate diploma at level 8, a masters degree at level 9, and a doctoral degree at level 10.

The table applies the words of the instrument to common cases. It is not a substitute for checking the level recorded for the particular course, and the other conditions of the class must also be met.

Points that are easy to miss

The exceptions belong to the student. A partner or child who holds a student visa as a family member cannot rely on them to become a student. That person must apply from outside Australia.

Only one further course. A student enrolled in two further courses is outside the course progression class, even if both are at a higher level.

Validity is not the same as grant. An exception allows the application to be made in Australia. The application must still satisfy every visa criterion, including the Genuine Student requirement.

Family is a separate question. Whether a partner or child can be included is decided under different provisions. A student who qualifies under course progression has no matching family class in LIN 26/087. Our page on family members of student visa holders explains the position.

If no exception applies

A student outside the exceptions must be outside Australia when the application is made, and must also be outside Australia when the visa is granted. Leaving to lodge and returning to wait for the decision does not meet the second requirement.

Timing therefore matters. The current visa’s end date, the start date of the next course and the time needed for an offshore decision should be worked out before any enrolment is accepted.

How Visa Plan Lawyers can help

Each exception has conditions that turn on dates, course levels and enrolment records. Visa Plan Lawyers advises students on student visa applications, including whether an application can be made in Australia and what to do where it cannot. Contact our team before your current visa ends to discuss your circumstances.

General information only, current at the date shown. It is not legal advice on your situation. To get advice on your matter, book a consultation.