Today the Minister for Home Affairs and Immigration, The Honourable Tony Burke, announced significant changes to Australia's migration program in an address at the National Press Club. The government is aiming to reduce net overseas migration to 225,000 by 2028, and many of the announced measures will affect temporary visa holders and future applicants.
We want to keep you informed early. Below is a summary of the announcements.
Ministerial Direction 119 – Addition of Industries to Priority Processing
The below priority processing will be added for the Subclasses 186, 482 and 494 visa.
Addition of the following industries to priority processing:
- Construction
- Fishing and Fisheries
- Agriculture
- Resources
- Teaching
Students and graduates – Family members no longer automatically included
Applicants for Student (subclass 500) and Temporary Graduate (subclass 485) visas will no longer be able to automatically include partners and dependent family members in their applications. Limited exceptions are expected for certain courses, such as some PhD programs. There also may be exemptions for the pacific island countries and the ASEAN nations.
If you are already in Australia on your partner’s student or graduate visa, this is unlikely to affect you.
Visitor visas – no more onshore partner visa applications and Mandatory 8503 Condition
The Government intends to prevent people who enter Australia on a visitor visa from lodging a partner visa while onshore. Importantly, this is a forward-looking change, the Minister confirmed it will not affect people already in Australia.
This change will be implemented immediately with a mandatory 8503 no further stay condition.
It’s also unlikely to apply to those who already hold a tourist visa which does not have the condition.
The government has also indicated that people who lodge a partner visa offshore will find it easier to obtain a visitor visa to spend time in Australia while their application is processed.
Please note that if you intend on applying for a Subclass 866 Protection visa due to persecution in your home country, this may be possible to do.
Student course transfers – upwards only
Student visa extensions will still be possible if you have been delayed in your study due to factors outside of your control.
Student visa transfers from a similar level study to another similar level study will be permitted however transferring down will not be permitted.
This means that if you wish to change from studying a Bachelor’s to a master’s degree would be possible, not a Bachelor’s degree to an Advanced Diploma. Likewise, if you complete a Bachelor’s, you will not be able to apply for an Advance Diploma you can only go upward to a Master’s degree.
Skilled migration – priority for trades and key sectors
The points test will be adjusted so that people skilled in construction trades receive the same points as university-educated applicants, and processing priorities will be updated to favour teaching, construction, agriculture and fisheries.
More information will be released as this the new points test is set to commence in March of 2027.
Migration Agents – Non-Meritorious Claims – Changing the Migration Agents Code
They can be sanctioned and de-registered by OMARA if they are found to have engaged in non-meritorious claims.
Working Holiday Maker visas – program restored, but extensions to be capped
Processing of Work and Holiday (subclass 462) visas, which was slowed earlier this year, will continue and the government has confirmed the working holiday program will be restored to help address labour shortages in agriculture and regional industries.
However, the Minister announced significant new limits on how long working holiday makers can stay.
Second-year visas are expected to be capped at around 45,000 places, and third-year visas will be seriously limited to approximately 5,000 places, with regional work requirements still needing to be completed to qualify.
This means that not everyone who completes their specified regional work will be guaranteed an extension – places will be limited and a ballot process will apply.
If you are currently on a working holiday visa and hoping to extend into a second or third year, or planning your regional work, please contact us early so we can help you understand your position. Please note these figures are based on the Minister's announcement and are yet to be confirmed as to when this will apply.
We are unsure how this will apply to UK passport holders. However, expect processing timeframes for UK passport holders to be longer than other countries. This is due to over 80,000 UK working holiday visa makers in Australia compared to prior to the pandemic of 17,000.
Visa hopping and protection visa applications
The Minister flagged a crackdown on "visa hopping" moving from visa to visa onshore, or using appeals processes, mainly to extend a stay in Australia and in particular on protection visa applications lodged without genuine claims. These changes will require legislation, so nothing takes effect immediately, but the direction is clear. The government also announced that Migration Agents who facilitate non-genuine protection applications will face sanctions, including deregistration. If you are considering a further onshore application or an appeal, or you have a protection application on foot, please speak with us so we can make sure your pathway is well-founded and properly documented.
Overstaying – return to a more active compliance approach
The Minister announced that the Department will return to the compliance approach it took before 2015, meaning a more active focus on locating people who remain in Australia after their visa has expired. In recent years, compliance resources have largely been directed elsewhere, so this represents a real shift.
Tony Burke has announced that compliance will be stepped up with an additional 100 compliance officers as well 250 additional beds in immigration detention.
What happens next
Most of these measures will be introduced through regulation, and some require legislation that has not yet passed. The precise start dates, transitional arrangements and exceptions have not yet been released, and details may change. We are monitoring the Department of Home Affairs closely and will update you as soon as the formal instruments are published.
In the meantime, if you think any of these changes may affect you or your family, please get in touch with our team so we can review your circumstances.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping students, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, Principal Solicitor, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
