Students and visitors
The list of visas that stop a student visa application being made in Australia has been remade
A new instrument specifies the nine substantive temporary visas whose holders cannot make a valid student visa application while in Australia, replacing the 2016 instrument before it sunsets.
The Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068) was made on 21 September 2026 and commenced on 24 September 2026. It repeals the 2016 instrument of the same effect, which was due to sunset.
The instrument is made under paragraph 1222(5)(c) of Schedule 1 to the Migration Regulations 1994, for the purposes of subitem 1222(4). Item 1222 is the Schedule 1 item for the Student (Temporary) (Class TU) visa, and subitem 1222(4) is where the bar on making the application in Australia sits.
The nine visas specified
| Subclass | Stream | Applies to |
|---|---|---|
| 403 Temporary Work (International Relations) | Domestic Worker (Diplomatic or Consular) stream only | Any person |
| 485 Temporary Graduate | Any stream | Any person |
| 600 Visitor | Any stream | Any person |
| 601 Electronic Travel Authority | Any stream | Any person |
| 602 Medical Treatment | Any stream | Any person |
| 651 eVisitor | Any stream | Any person |
| 771 Transit | Any stream | Any person |
| 988 Maritime Crew | Any stream | Any person |
| 995 Diplomatic (Temporary) | Any stream | Primary visa holder |
Two details in the drafting
The subclass 403 entry is confined to one stream. A 403 granted in the Domestic Worker (Diplomatic or Consular) stream is specified; a 403 granted in any other stream is not.
The subclass 995 entry is confined to a primary visa holder, which the instrument defines as a person who satisfied the primary criteria for the grant of a subclass 500 or subclass 590 visa.
Why it matters for a 485 holder
Subclass 485 is on the list. A graduate holding a 485 who decides to return to study cannot make the student visa application while in Australia. The timing of any further study plan, and where the applicant will be when the application is made, are therefore matters to settle before a course is paid for.
If further study is under consideration on a 485 or a visitor visa, notify us of the current visa and its expiry date and we can identify what is available.
Sources
- Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068), F2026L01282
- Migration Regulations 1994, Schedule 1 item 1222
Links go to the instrument or the official page. Where a page states a figure, the figure above is that page’s figure on the date shown.
Full guide: Students and visitors