Pre-Lodgement Check: Which Current Visas Bar an Onshore Student Visa Application (2026)?
How migration agents check a client’s current visa: the ten categories, with streams, that bar an onshore Student visa application in Australia in 2026.
2026-10-17
Holding one of ten specified substantive temporary visas prevents a person from lodging a Student visa application onshore in Australia, according to the Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016 (Compilation No. 1, compilation date 1 July 2024) on the Federal Register of Legislation (legislation.gov.au). The specified categories are Subclass 403 (Temporary Work (International Relations)) — Domestic Worker (Diplomatic or Consular) stream only; Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular); Subclass 485 (Temporary Graduate); Subclass 600 (Visitor); Subclass 601 (Electronic Travel Authority); Subclass 602 (Medical Treatment); Subclass 651 (eVisitor); Subclass 771 (Transit); Subclass 988 (Maritime Crew) — each the whole subclass; and Subclass 995 (Diplomatic (Temporary)) granted to an applicant who satisfied the primary criteria. These are specified under subitem 1222(5)(c) of Schedule 1 to the Migration Regulations 1994 for the purposes of subitem 1222(4), and the instrument’s own terms make them categories that preclude an onshore Student visa application. This article is general information only and does not constitute personalised professional advice; confirm the current text against the official legislation page.
Which visas are on the precluded list, and how is each one scoped?
The Schedule to the instrument lists ten items. Only two are partial: item 1 covers one stream of Subclass 403, and item 10 covers a Subclass 995 visa granted to a primary-criteria applicant. Every other listed subclass is specified as the whole subclass.
| Item | Visa subclass | Coverage specified in the Schedule |
|---|---|---|
| 1 | Subclass 403 (Temporary Work (International Relations)) | Domestic Worker (Diplomatic or Consular) stream only |
| 2 | Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) | The whole subclass |
| 3 | Subclass 485 (Temporary Graduate) | The whole subclass |
| 4 | Subclass 600 (Visitor) | The whole subclass |
| 5 | Subclass 601 (Electronic Travel Authority) | The whole subclass |
| 6 | Subclass 602 (Medical Treatment) | The whole subclass |
| 7 | Subclass 651 (eVisitor) | The whole subclass |
| 8 | Subclass 771 (Transit) | The whole subclass |
| 9 | Subclass 988 (Maritime Crew) | The whole subclass |
| 10 | Subclass 995 (Diplomatic (Temporary)) | Subclass 995 visa granted to an applicant who satisfied the primary criteria |
Why does a specified visa bar an onshore Student visa application?
The instrument is named as the specification of categories of visas that preclude a person from lodging a Student visa application in Australia. The Minister specified the listed substantive temporary visas for the purposes of subitem 1222(4) of Schedule 1 to the Migration Regulations 1994, acting under subitem 1222(5)(c). Because the listed visas are the precluding categories, a client whose current substantive temporary visa falls within them is barred from lodging a Student visa application while in Australia; the bar operates under subitem 1222(4) of Schedule 1 to the Migration Regulations 1994 read with the instrument.
When was the current list amended, and is it still the operative version?
The original Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016 was registered on 3 May 2016 and commenced on 1 July 2016. The Schedule was later repealed and substituted by the Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 (F2024L00787), registered on 26 June 2024 and commencing on 1 July 2024. The compilation is No. 1, compiled as at 1 July 2024, and shows the law as amended and in force on that date; uncommenced amendments are not shown in the compiled text. For a 2026 pre-lodgement check, therefore, the agent should confirm on the Federal Register of Legislation whether any later amendment has been registered and commenced before relying on the list.
How should an agent run this check before lodgement?
- Ask the client for their current visa grant details.
- Identify the visa subclass.
- Identify the stream, if the subclass has streams.
- Confirm the visa is a substantive temporary visa.
- Match the subclass against the ten Schedule items.
- Apply the stream limit for Subclass 403.
- Apply the grant-basis limit for Subclass 995.
- Record the matched item, or record that no item matches.
- Write the check date and the visa details in the file.
- Re-run the check if the client’s visa changes before lodgement.
What about the common 485 and 600 cases?
Subclass 485 (Temporary Graduate) and Subclass 600 (Visitor) are each listed in the Schedule as "The whole subclass". Any current substantive temporary visa in either subclass is therefore a precluded category, and the client cannot lodge a Student visa application onshore while holding it. The Schedule provides no stream-based exception for these two subclasses.
Does the Subclass 403 exclusion cover all 403 holders?
No. Item 1 specifies only the Domestic Worker (Diplomatic or Consular) stream of Subclass 403 (Temporary Work (International Relations)). A client holding another stream of Subclass 403 is not caught by that item, so the check must confirm the exact stream rather than the subclass label alone.
Frequently Asked Questions
Does Subclass 600 (Visitor) bar an onshore Student visa application in full?
Yes. The Schedule lists Subclass 600 (Visitor) as "The whole subclass," so the preclusion covers every stream of that subclass. A client whose current substantive temporary visa is a Subclass 600 visa falls within the precluded category and cannot lodge a Student visa application onshore.
Is every Subclass 403 visa precluded?
No. Item 1 specifies only the Domestic Worker (Diplomatic or Consular) stream of Subclass 403 (Temporary Work (International Relations)). Other streams of Subclass 403 are not listed in the Schedule, so the preclusion depends on the exact stream held.
What exactly does the Subclass 995 entry cover?
Item 10 covers a Subclass 995 (Diplomatic (Temporary)) visa granted to an applicant who satisfied the primary criteria. The entry is not expressed as the whole subclass, so a Subclass 995 visa granted on another basis is not caught by this item.
When did the current Schedule take effect?
The current Schedule was substituted by the Amendment Instrument (LIN 24/051) 2024 (F2024L00787), registered on 26 June 2024 and commencing on 1 July 2024. The resulting compilation is dated 1 July 2024 and reflects the law in force on that date.
Can the precluded-visas list change after July 2024?
Yes, the list is a legislative instrument and can be amended. The compilation shows the law as at 1 July 2024 and does not display uncommenced amendments, so a 2026 check should confirm the latest registered text on the Federal Register of Legislation.
Is this article a substitute for personalised advice?
No. This article is general information about the published instrument and does not constitute personalised professional advice. For a specific client matter, the current official legislation governs, and any tailored advice should be obtained from a suitably qualified professional.
References
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