Answer a few questions to see whether someone can apply in Australia or must apply from overseas. Rules from 2 October 2026.
General guidance only — not legal advice.
This tool is intended for use by registered migration agents and legal practitioners. It is a starting point, not a substitute for professional judgment. Always check and double-check the result against the current Migration Act 1958, the Migration Regulations 1994 and the relevant legislative instruments before advising a client or lodging an application.
Legal references and file noteThe rules in short
Who must apply from outside Australia
Anyone holding one of these visas: .
A student visa holder, unless one of the exceptions below applies.
Anyone holding a student visa as a partner or child who now wants to be the student.
Anyone with only a bridging visa or an expired visa.
When a student visa holder can apply again in Australia
Finished their course and moving up to one higher-level course. A higher education graduate must stay in higher education.
Needs up to 12 more months to finish, with the same provider.
PhD student, school student, or sponsored by Defence or DFAT.
Their provider stopped the course, and they apply within 12 months.
When family can be included
The student is a PhD student, is sponsored by Defence or DFAT, has a foreign government scholarship, or holds a Pacific or ASEAN passport.
The family was already on the student's visa on 2 October 2026 and everyone applies in Australia.
Everyone applies together, same day, same place. Nobody can be added after the visa is granted.
When the visa is granted
Anyone who had to apply from outside Australia must be outside again on the day the visa is granted. They can come back in between only on another visa that is still in effect, and risk refusal if the decision is made while they are here.
