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The September 2026 Migration Reforms: What Is Law and What Is Only Announced

PolicySome in force, some announced

Quick answer

On 17 September 2026, Home Affairs Minister Tony Burke announced migration changes under three headings: who arrives, who stays and who leaves. The student visa rules (from 2 October) and new skilled processing priorities (from 19 September) are already in force. The new points test, the working holiday ballot and the “no further stay” condition on visitor visas have been announced but have no start date yet.

Manager leading a team meeting around a table in an office

Why the Government Made These Changes

In a speech at the National Press Club, the Minister said migration remains a strength for Australia, but the Government wants more control over a system that has largely been driven by demand from employers and education providers. He pointed to three problems: housing supply, “visa hopping” by people who would never qualify to stay permanently, and growth in some temporary visa programs. He also noted that net overseas migration is now about 47% below its post-pandemic peak.

Every Change at a Glance

ChangeWho it affectsStatus
New skilled processing order (Ministerial Directions 121 and 122)Skilled and employer-sponsored applicantsIn force from 19 September 2026
Most people can’t apply for a Student visa onshore, and course changes must move up a levelStudents and temporary visa holders in AustraliaIn force from 2 October 2026
No family members on most new Student visasStudents, except ASEAN and Pacific citizens and other exempt groupsIn force from 2 October 2026
Family limits for Temporary Graduate (485) visasGraduatesAnnounced, no start date
New points test, with housing trades scored like a university degree189, 190 and 491 applicantsAnnounced, no start date
Ballot for second and third working holiday visasWorking holiday makersAnnounced, no start date
“No further stay” condition on new visitor visasFuture visitorsAnnounced, no start date
New visa needed to change education providerStudentsAnnounced, details still being developed
Tougher rules for migration agents who encourage non-genuine claimsMigration agentsAnnounced
More removals of people who overstayPeople without a valid visaAnnounced
Expression of interest system and protection reformsDemand-driven visas, protection applicantsNeeds new legislation

Who Arrives

A New Points Test

The points test for skilled visas has been redesigned with Treasury. A new feature lets the Government give chosen skills an uplift. On the Minister’s example, a person qualified in a housing trade would get the same points as someone with a university degree. No new points table or start date has been published, so today’s points test still applies.

Skilled Visa Processing Priorities

From 19 September 2026, two new Ministerial Directions decide the order in which skilled visas are processed. Applications for jobs in construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement and defence come first. For the Skills in Demand (482) visa, the Specialist Skills stream comes next, then people who applied from inside Australia. For permanent and provisional skilled visas such as the 186, 189, 190, 491 and 494, onshore applicants come next. These directions change how fast a visa is decided, not who is eligible.

Families of Students and Graduates

Most new Student visa applicants can no longer include a partner or children. ASEAN and Pacific citizens, PhD students and some sponsored students are exempt. The Government plans similar limits for the Temporary Graduate (485) visa. Families already in Australia will not be split up. Read our guide to the family rules.

Who Stays

A Ballot for Working Holiday Visas

The regional work requirements stay the same: 88 days for a second year and six months for a third. Meeting them would only get you into a ballot. The Government plans 45,000 second-year places (57,000 people qualified last year) and 5,000 third-year places (31,000 qualified last year). In return, processing for first working holiday visas from countries with a regional work requirement is expected to return to normal speed. UK applications will stay slower.

“No Further Stay” on Visitor Visas

New visitor visas would stop holders applying for most other visas while in Australia, except protection visas. The Minister said this should make it easier for genuine visitors, such as relatives coming for a wedding or the partner of someone waiting on a partner visa, to be granted a visa. It will not affect anyone already in Australia.

Student Course Changes

Moving to a new course is now allowed only up the qualification scale, for example from a bachelor degree to a master’s. Extensions to finish the same course are unchanged. Read who can still apply in Australia.

Who Leaves

The Code of Conduct for migration agents will be changed so that agents who encourage non-genuine protection claims can be sanctioned or deregistered. The Government also plans to return to the pre-2015 approach to people who overstay their visa, with 100 more compliance officers and 250 more detention beds.

What Needs Parliament

The Minister said an expression of interest system for demand-driven visas, and reforms to stop non-genuine protection claims, need new laws. At the time of the speech those laws had not been passed.

What This Means for You

  • Students: the 2 October rules already apply. Check them before you change course, provider or visa.
  • Skilled applicants: keep planning on the current points test, and lodge when you are ready rather than waiting for the new one.
  • Working holiday makers: the ballot has no start date yet. Keep doing and recording your regional work.
  • Families planning a visit: nothing has changed yet for visitor visas.

Not sure how this affects you? Talk to our registered migration agent about your situation.

Book a consultation

Checked against official sources on 21 October 2026. Sources: Minister for Home Affairs: National Press Club speech, 17 September 2026 · Study Australia: Student visa changes, October 2026 update · Home Affairs: Changes to Student visa application rules

This update is general information, not legal advice. Migration law changes often, so check the official sources or speak to a registered migration agent before you make decisions.

More News & Updates

Frequently Asked Questions

Plain-English answers to the questions we are asked most often.

Is the new points test in force?

No. As at 21 October 2026, the Government has announced a new points test but has not published the new points table or a start date. The current points test still applies.

When does the working holiday ballot start?

No start date has been announced. The Government plans 45,000 second-year and 5,000 third-year places, and the 88-day and six-month regional work requirements will stay.

What are Ministerial Directions 121 and 122?

They set the order in which the Department processes skilled visas, from 19 September 2026. Priority sectors such as construction, healthcare and teaching go first. They do not change who is eligible for a visa.

Information checked against official Australian Government sources on 21 October 2026. Requirements and charges change often. This is general information, not migration advice: book a consultation with a Registered Migration Agent (MARN 1170510) before you apply.
Sources: Minister for Home Affairs: National Press Club speech, 17 September 2026 · Study Australia: Student visa changes, October 2026 update · Home Affairs: Changes to Student visa application rules

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