The Australian Government has enacted the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026, effective from 25 September 2026. This instrument replaces the previous IMMI 2016/016, which was set to expire on 1 October 2026. It specifies that holders of certain temporary visas, including subclasses 403, 485, 600, 601, 602, 651, 771, 988, and 995, cannot apply for subclass 500 Student visas or subclass 590 Student Guardian visas while in Australia.

The purpose of this regulation is to prevent temporary migrants from extending their stay in Australia by applying for a Student visa onshore. Applicants must generally lodge their applications from outside Australia to ensure validity. Failure to comply with these requirements will result in an invalid application, which the Minister cannot consider under subsection 47(3) of the Migration Act 1958.

Migration professionals and applicants are advised to carefully assess visa conditions and application requirements to avoid invalid submissions and potential disruptions to their stay in Australia.