18/08/2026
🇦🇺 Australia's "Visitor Visa to Student Visa" Ban could be subject to Expire soon | 1 October 2026 Becomes the Key Date
🔍 Official Website Information
A recent review of the Australian Federal Register of Legislation reveals that the instrument which tightened the ban on onshore "visitor-to-student" visa switches in July 2024 (IMMI 16/016) has been officially marked on the website as: "To be repealed 01 October 2026".
📋 Policy Background
› In 2016, the Department of Home Affairs established IMMI 16/016 as the principal instrument, initially specifying the categories of visas that preclude a person from lodging a student visa application in Australia
› On 1 July 2024, the Department passed LIN 24/051 amending instrument, which revised the principal instrument to stipulate that all Visitor Visa holders are prohibited from applying for a student visa while onshore
🗓️ Key Timeline
› Principal instrument registration date: 18 July 2016
› Under the "sunsetting" provision in s50(1) of the Legislation Act 2003, legislative instruments automatically sunset on the first 1 April or 1 October falling 10 years after registration
› Official website clearly states: "To be repealed 01 October 2026"
› The amending instrument is dependent on the principal instrument and will sunset simultaneously
⏳ The Window Period
If no new legislative amendments or extensions are made to the migration law before 1 October 2026, from that date onwards, applicants may once again have the legal avenue to extend their stay in Australia via the "visitor-to-student visa" pathway.
💡 What to be expect?
› Policy changes are inherently uncertain. "Sunsetting" does not guarantee a relaxation, but it remains a date worth watching
› How the new policies will ultimately unfold — let's wait and see.