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Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026

The Migration Instrument 2026 mandates that holders of specific visas, including 400, 403, 407, 408, 417, 457, 462, 482, 485, 600, 601, 602, 651, 771, 988, and 995, must now apply for a Student visa from outside Australia. This change affects individuals intending to transition to a Student visa from within Australia.

What changed

The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 has been made. This instrument specifies classes of persons who must be outside Australia to apply for a Student visa.

It repeals the previous Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026. The specified visa subclasses include 400, 403 (Domestic Worker (Diplomatic or Consular) stream only), 407, 408, 417, 457, 462, 482 (Skills in Demand), 482 (Temporary Skill Shortage), 485, 600, 601, 602, 651, 771, 988, and 995 (with specific criteria).

Holders of these visas will generally be required to apply for a Student visa from outside Australia.

Who may be affected

Individuals holding or intending to hold Subclass 400, Subclass 403 (Domestic Worker (Diplomatic or Consular) stream only), Subclass 407, Subclass 408, Subclass 417, Subclass 457, Subclass 462, Subclass 482 (Skills in Demand), Subclass 482 (Temporary Skill Shortage), Subclass 485, Subclass 600, Subclass 601, Subclass 602, Subclass 651, Subclass 771, Subclass 988, or Subclass 995 (with specific criteria) who wish to apply for a Student visa (Subclass 500) from within Australia.

When it takes effect

The instrument commences on the later of 2 October 2026 or immediately after the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026. The instrument will not commence if the Migration Amendment (Student Visa Reform) Regulations 2026 do not commence. Readers should refer to the official source for definitive commencement details.

What action may be required

Individuals holding the listed visas who intend to apply for a Student visa should review the official instrument to understand if they are required to apply from outside Australia. It is recommended to monitor the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026 for the definitive effective date.

Refer to the official source at https://www.legislation.gov.au/F2026L01348 for full details.

Official source

Federal Register of Legislation
Read the official publication

Disclaimer

General information only — not legal advice.

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