The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102) mandates that certain visa holders must be outside Australia to apply for a Subclass 500 (Student) or Subclass 590 (Student Guardian) visa. Effective from 2 October 2026, this instrument replaces LIN 26/068 and affects holders of various temporary visas, including Subclass 400, 407, 408, 417, 457, 462, 482, 485, 600, 601, 602, 651, 771, and 988. Additionally, specific limitations apply to Subclass 403 holders in the Domestic Worker (Diplomatic or Consular) stream and primary Subclass 995 holders.

The regulation aims to prevent temporary migrants who entered Australia for non-study purposes from extending their stay through student visa applications. Migration professionals should verify clients' current visa subclass and status before advising on application options. This instrument should be considered alongside the Migration Amendment (Student Visa Reform) Regulations 2026 and other relevant application requirements.