Working holiday, 482 and training visa holders can no longer switch to study onshore

A person in Australia on a working holiday, training, temporary activity or subclass 482 visa can no longer apply for a student visa without leaving Australia. From 2 October 2026 those visas are listed in the Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026, LIN 26/102, and an application for a student or student guardian visa made in Australia by a holder of a listed visa is invalid.

The instrument was made alongside the Migration Amendment (Student Visa Reform) Regulations 2026, which we reported in our news post on the 2 October changes. What follows concerns the people who hold one of the listed visas, and their employers.

The visas now on the list

LIN 26/102 is made for the purposes of subparagraph 1222(4)(a)(ii) of Schedule 1 to the Migration Regulations 1994. Under that provision, an applicant in Australia must hold a substantive visa and must not be in a class of persons specified in the instrument.

Except for the subclass 403 and 995 entries, the instrument applies to a listed visa in any stream. The list covers 16 subclasses, with subclass 482 appearing under both of its names.

What an invalid application means

The requirement is one of validity. It is found in Schedule 1, which sets out what a valid application for each class of visa must satisfy. An application that does not meet a Schedule 1 requirement is not a valid application, and it is not assessed against the visa criteria.

Two consequences follow. There is no decision to refuse the visa, so the question of reviewing a refusal does not arise. And the person’s status does not change: they continue to hold their current visa, on its existing conditions, until it ends.

A person who lodges an invalid application shortly before their visa ends may therefore find that the visa ends with no application on foot. That risk is the practical reason to identify the requirement before lodging, not after.

Leaving to apply is not enough

Applying from outside Australia is the first requirement. The second is in clause 500.411 of Schedule 2, which was replaced on 2 October 2026. Where an applicant was outside Australia when applying because they did not meet the requirements for applying in Australia, the applicant must also be outside Australia when the visa is granted.

The explanatory statement to the Regulations identifies the practice this is directed at. Before the amendment, a person required to apply offshore could leave Australia for a very short period, lodge the application, return, and seek a bridging visa while the application was decided. The new clause is intended to require the applicant to be offshore at both the time of application and the time of decision.

For a working holiday maker or sponsored worker, this changes the planning. The period outside Australia is no longer a brief trip to lodge. It runs until the application is decided.

Working holiday makers

Until 2 October 2026, a common course was to complete a working holiday and then apply in Australia for a student visa. That is now closed for subclass 417 and 462 holders.

Short study remains possible on the working holiday visa itself. Condition 8548 limits the holder to no more than four months of study or training in Australia. A longer course requires a student visa, and that application must now be made, and decided, while the person is outside Australia.

The government also announced on 17 September 2026 that second and third working holiday visas will move to a ballot. As we noted in our report on the September 2026 migration changes, that measure is being rolled out progressively over the next 12 months. Taken with the student visa change, it means a working holiday maker should not assume a further stay in Australia by either route.

Subclass 482 holders and their employers

The subclass 482 visa is listed in both its Skills in Demand and Temporary Skill Shortage forms, and the superseded subclass 457 is listed as well. A sponsored worker whose employment is ending, or who wishes to retrain, cannot move to a student visa in Australia.

For the worker, the alternatives to consider are a new nomination by another approved sponsor, a permanent employer sponsored visa where the requirements are met, or a skilled visa. Each has its own criteria and time limits, and none is a substitute for the others.

For employers, the change is relevant when a sponsored employee resigns to study, or when employment ends and the employee is weighing options. An employee who intends to study will need to leave Australia to apply. Sponsorship obligations that arise when employment ends are not altered by the student visa amendments.

Training and temporary activity visa holders

Subclass 407 Training and subclass 408 Temporary Activity visas are granted for a defined activity. A holder who wishes to undertake a formal course after the activity ends must now apply for the student visa from outside Australia. The same applies to the holder of a subclass 400 visa.

What has not changed

The criteria for the grant of a student visa are the same wherever the application is made. Every applicant must still meet the Genuine Student requirement, the financial capacity requirement and the English language requirement.

A person who holds a substantive visa that is not on the list may still apply in Australia, subject to the other requirements of item 1222. Current student visa holders are dealt with separately: they must generally apply offshore unless an exception applies, as explained in who can still apply for a student visa in Australia.

What to do now

• Check the visa held and its end date. The requirement depends on the visa held at the time of application.
• Plan the departure around the decision, not the lodgement. The applicant must be outside Australia until the student visa is granted.
• Align the course start date. An offer of enrolment should allow for an offshore application and decision.
• Do not lodge in Australia in the hope of acceptance. An invalid application changes nothing and uses time that the current visa may not have.

How Visa Plan Lawyers can help

Visa Plan Lawyers advises temporary visa holders and their employers on the options available before a visa ends, including student visa applications made from outside Australia and employer sponsored alternatives. Contact our team 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.