Who arrives, who stays and who leaves - What the Australian Government’s latest migration changes mean
On 17 September 2026, the Hon Tony Burke MP, Minister for Home Affairs delivered his National Press Club address, announcing a series of changes aimed at controlling temporary migration and directing skilled migration towards sectors where it Australia has particular workforce needs, including:
Strengthening compliance measures to ensure people without valid visas leave the country;
Updating Ministerial Direction 119 to ensure the skilled migration program supports priority processing for a range of key sectors, including healthcare, construction, education, law enforcement, defence, resources, agriculture, aquaculture and fishing;
Improving the integrity of student visas by stopping visa hopping and restricting secondary applicants on most student visas;
Cracking down on rogue migration agents who knowingly support visa applications without merit;
Introducing a No Further Stay condition to all visitor visas to ensure they are only used by genuine visitors and not as a pathway to extending a stay in Australia;
Updating Ministerial Direction 110 to combat hate and criminal behaviour by:
better protecting children who are victims of crime;
better protecting victims of domestic and family violence;
reflecting modern Australia’s commitment to stamping out hatred;
Changing the Working Holiday Maker Program to introduce a ballot system for years two and three where there will be a regional work requirement in support of regional Australia. The government will also stabilise processing times for Working Holiday Maker applications to three months.
These measures are intended to support the Net Overseas Migration (NOM) forecasts in the Federal Budget of 245,000 for 2026–27 and 225,000 for 2027–28, and will reportedly be “progressively implemented over the next twelve (12) months”.
The Hon Tony Burke MP’s speech was framed around three (3) questions -
Who arrives?
Who stays?
Who leaves?
Who arrives?
International students and their families
International students and graduates will no longer be able to bring their family members (i.e. spouse/partner and dependent children) to Australia on Student (Subclass 500) and Temporary Graduate (Subclass 485) visas. Exceptions may apply to PhD students and certain students from Pacific and ASEAN countries.
International students and graduates whose family members are already in Australia on secondary Student (Subclass 500) and Temporary Graduate (Subclass 485) visas would still be able to remain in Australia on their current visas, as the Government has indicated that it does not intend to separate families who are already in Australia as a result of the existing arrangements.
The Hon Tony Burke MP also raised the possibility of introducing an Expression of Interest (EOI) system for international students, while acknowledging that there is presently no legislative mechanism to implement this EOI system in the immediate future.
Working Holiday Makers
Second-year and third-year Work and Holiday (Subclass 462) and Working Holiday (Subclass 417) visas (“2nd and 3rd WHV”) will soon be subject to ballot arrangements, with 45,000 places available for second-year visas and 5,000 places for third-year visas.
With the exception of UK citizens, the regional work requirement will remain relevant towards being eligible for a 2nd and 3rd WHV, such that completing the requisite regional work will allow an applicant to participate in the relevant ballot, c.f. apply directly for a 2nd and 3rd WHV.
The Australian Government has otherwise indicated that UK citizens may be exempt from these ballot arrangements under the current Australia-United Free Trade Agreement.
While the Hon Tony Burke MP stated that WHM (Subclass 417 visa) applications from UK citizens would “continue to be processed slowly for the time being”, the Australian Government has announced that it will be working towards stabilising processing times for Working Holiday Maker applications to three (3) months.
Skilled migrants
Ministerial Direction 119 which determines processing priorities for visa applications will be updated so that priority processing is given to a range of sectors, including:
healthcare;
construction;
education;
law enforcement;
defence;
resources;
agriculture;
aquaculture; and
fishing.
The Government has also announced its intention to update the skilled migration points test, such that candidates with qualifications in a construction trade will eligible for the same points as a candidate with a university qualification (e.g. Bachelor’s degree or Master’s degree). Candidates are presently only able to claim 10 points for a diploma or trade qualification, as opposed to 15 points for a Bachelor’s degree or Master’s degree.
Who stays?
Student visa “hopping”
The Hon Tony Burke MP has confirmed that Student (Subclass 500) visas who need to “extend” their Student visa and have more time to complete their studies, such as for reasons including critical illness, not finishing their course in time or the closure of their education provider, will still be able to apply for a new Student (Subclass 500) visa to complete their studies in Australia.
On the other hand, to restrict “visa hopping” by international students, the Hon Tony Burke MP has indicated that Student (Subclass 500) visa holders who wish to transfer courses and/or change education providers will need to apply for a new Student (Subclass 500) visa, to make sure that they are “studying something they are good at”.
International students who have finished their proposed course(s) of study will also only be able to obtain another Student (Subclass 500) visa to study another course if there is progression, i.e. they are seeking to further their studies by going up a qualification scale, e.g. from a Diploma to a Bachelor's degree, and/or from a Bachelor’s degree to a Master’s degree. This is to prevent international students from “visa hopping” by transferring down to a “not so legitimate education provider” to stay in Australia.
Visitor visas and No Further Stay conditions
The Australian Government will be introducing a No Further Stay condition on “all “ Visitor visas, to reinforce the purpose of the Visitor visa as a temporary visa for genuine visitors, rather than allowing it to operate as a means of extending a person's stay in Australia through another visa application.
In particular, Visitor visa holders may no longer be able to apply onshore for Partner (Subclass 820/801) visas in Australia, and will likely only be able to apply offshore for Partner (Subclass 309/100) visas and wait for this to be granted before being able to live with their spouse/partner in Australia. While the Australian Government has otherwise indicated that persons waiting for the finalisation of an offshore Partner visa application will be able to visit Australia while their application is being processed, this would be subject to the person’s satisfaction of the regulatory criteria for the grant of a Visitor visa, including through the ability to demonstrate that they are a genuine visitor to Australia.
The Hon Tony Burke MP has otherwise acknowledged that the imposition of a No Further Stay condition does not prevent a Protection (Subclass 866) visa application.
Who leaves?
Visa overstayers
The Australian Government will be committing additional resources to enforce the detention and removal of persons who overstay their visas, including hiring 100 additional compliance officers and adding 250 additional detention beds.
Protection visa applicants
The Australian Government is considering further reforms to the Protection visa program, particularly in relation to persons who make protection claims without merit after other visa options have been exhausted, and who seek to further remain in Australia through lengthy review and court processes.
The Hon Tony Burke MP otherwise declined to address or confirm speculation that the Australian Government may be restricting or removing the work rights of persons who are refused a Protection (Subclass 866) visa in Australia.
Migration agents
The Australian Government has also announced measures directed at migration agents who knowingly support visa applications without merit, including changing the Migration Agent Code of Conduct to sanction those who encourage unmeritorious applications.
Ministerial Direction 110 and character considerations
The Australian Government will update Ministerial Direction 110, which is relevant to assessing whether someone meets the character test for the grant, refusal or cancellation of a visa, pursuant to the objectives of better protecting children who are victims of crime, better protecting victims of domestic and family violence and addressing hate.
So what does this mean for migrants?
To summarise the Hon Tony Burke MP’s key announcements on 17 September 2026, the Australian Government will be progressively implementing the following proposed changes over the next 12 months -
International students will no longer be able to be accompanied by their family members while studying in Australia on a Student (Subclass 500) visa or while they remain in Australia after their studies on a Temporary Graduate (Subclass 485) visa, with limited exceptions.
International students will need to apply for a new Student (Subclass 500) visa if they are changing courses and/or education providers;
International students who have finished their studies will only be eligible for a new Student (Subclass 500) visa if there is progression in their studies (e.g. they are moving up a qualification level);
Working Holiday Makers who have completed the requisite specified regional work will only be eligible to apply for a second or third Work and Holiday (Subclass 462) visa or Working Holiday (Subclass 417) visa if they are invited or selected through a ballot;
The Australian Government will work towards processing Working Holiday Maker applications (i.e. Subclass 462 and Subclass 417 visa applications) in three (3) months;
There will be priority processing for visa applications lodged by applicants in a range of key sectors, including healthcare, construction, education, law enforcement, defence, resources, agriculture, aquaculture and fishing;
The skilled migration points test will be reformed to award skilled migrants with diploma or trade qualifications in certain sectors with more points, including those with construction trade qualifications;
Visitor visas will be subject to a No Further Stay condition to prevent the Visitor visa program from being used as a pathway to extend a stay in Australia, which means that Visitor visa holders will generally no longer be able to lodge another visa application in Australia and remain in Australia during the processing of that application, with limited exceptions such as a Protection (Subclass 866) visa;
Reforms will be introduced to address disingenuous protection visa claims by Protection (Subclass 866) visa applicants, particularly where people use protection claims as a means of extending their stay in Australia after moving between temporary visas;
Migration agents who support visa applications without merit will be sanctioned; and
Ministerial Direction 110 will be updated to combat hate and criminal behaviour, including by better protecting children who are victims of crime, victims of domestic and family violence.
Notwithstanding the Hon Tony Burke MP’s key announcements on 17 September 2026, it is important to note that at the time this blog post is being published, the proposed changes have not yet taken effect. Some of the proposed changes will require further legislation, while others may be implemented through existing ministerial directions, visa conditions or administrative processes. The precise timing and manner in which each of the proposed changes will take effect will depend on the relevant legislative, regulatory and administrative processes.
Our immigration lawyers will continue to monitor developments in this space and provide further updates as and when additional details become available.
Want to know more?
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia. Should you wish to discuss your migration options in Australia, please do not hesitate to email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a message on WhatsApp.
