The Australian Government has introduced the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26\/068).
\nThe instrument was registered on 24 September 2026 and commenced on 25 September 2026. It repeals and replaces IMMI 2016\/016, which was due to sunset on 1 October 2026.
\nEffect of the instrument
\nUnder Schedule 1 to the Migration Regulations 1994, certain temporary visa holders cannot validly apply for a subclass 500 Student visa or subclass 590 Student Guardian visa while in Australia.
\nThe instrument prescribes the following visa subclasses:<\/p>\n
Subclass 403 \u2013 Temporary Work (International Relations)
\nSubclass 485 \u2013 Temporary Graduate
\nSubclass 600 \u2013 Visitor
\nSubclass 601 \u2013 Electronic Travel Authority
\nSubclass 602 \u2013 Medical Treatment
\nSubclass 651 \u2013 eVisitor
\nSubclass 771 \u2013 Transit
\nSubclass 988 \u2013 Maritime Crew
\nSubclass 995 \u2013 Diplomatic (Temporary)<\/p>\n
A person holding a prescribed visa must generally leave Australia and lodge their Student or Student Guardian visa application from outside Australia.
\nAn application that does not satisfy the Schedule 1 requirements is not a valid visa application. Under subsection 47(3) of the Migration Act 1958, the Minister cannot consider an invalid application.
\nPurpose of the restrictions
\nThe stated purpose is to prevent temporary migrants who entered Australia for a purpose other than study from using an onshore Student visa application to prolong their stay.
\nThe new instrument substantially continues the arrangements contained in IMMI 2016\/016. The former subclass 426 Domestic Worker (Temporary) \u2013 Diplomatic or Consular visa has been removed because that program closed to new applications in November 2012.
\nImplications for applicants and advisers
\nBefore lodging an onshore subclass 500 or subclass 590 application, applicants and migration advisers should carefully check:<\/p>\n
the applicant\u2019s current substantive visa;
\nwhether the particular visa stream and circumstances fall within the instrument;
\nwhether the application must be lodged outside Australia; and
\nthe applicant\u2019s remaining period of lawful stay and departure arrangements.<\/p>\n
Careful assessment is essential because an invalid application will not engage the Department\u2019s obligation to consider the visa criteria and may leave the applicant without the expected bridging visa arrangements.
\nSource:\u00a0Visas-that-preclude-a-person-from-lodging-a-student-visa-application-in-Australia-Instrrument-2026.pdf\u00a0and
\nVisas-that-preclude-a-person-from-lodging-a-student-visa-in-Australia-Instrument-2026-explanatory-statement.pdf
\n\u0627\u062f\u0627\u0645\u0647 \u0645\u0637\u0644\u0628<\/p>","protected":false},"excerpt":{"rendered":"
The Australian Government has introduced the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26\/068). The instrument was registered on 24 September 2026 and commenced on 25 September 2026. It repeals and replaces IMMI 2016\/016, which was due to sunset on 1 October 2026. Effect of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_joinchat":[],"footnotes":""},"class_list":["post-2120","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\n