Updated: 7 October 2026

Most international students can no longer bring a partner or children to Australia on a student or graduate visa. Home Affairs Minister Tony Burke confirmed the direction of this change at a National Press Club address on 17 September 2026, and the final rules commenced on 2 October 2026.

Here's what changed, who is exempt, and what to do next.

What's changed

A Student visa (subclass 500) lets you study in Australia. A Temporary Graduate visa (subclass 485) lets you stay and work here after you finish studying. Both visas used to let you bring a partner or dependent children. Most new applicants can no longer do this.

Student visa applicants can no longer include a partner or dependent children in their application, unless an exemption applies. Current Student visa holders also cannot add family members later, once their visa is granted. There are no exemptions to this second rule.

Who this affects

• New applicants — family members generally cannot be added to a new Student visa application
• Already in Australia — no change. Your family's current visa continues until you leave, or become eligible for a permanent visa
• Exempt — PhD (doctoral) students, students sponsored by the Department of Foreign Affairs and Trade (DFAT) or Defence, students receiving a foreign government scholarship, and eligible students from a Pacific country or an ASEAN member country

This exemption list is for including family members. A different, narrower set of exemptions applies if you are a Student visa holder applying for another Student visa onshore.

Applying for another student visa onshore

If you already hold a Student visa and want another one as the main applicant, you will usually now need to apply from outside Australia. This is a separate rule from the family member rule above, and it can catch people who are only trying to extend or change their course.

You may still be able to apply onshore for a further Student visa if you:

• need up to 12 more months after your original course end date to finish your studies with the same education provider
• have completed a course with an Australian Qualifications Framework (AQF) level and are progressing to a course at a higher AQF level
• have completed school studies or a course with no AQF level and are progressing to a course that now requires one (or vice versa)
• cannot continue your course because your education provider has defaulted
• are sponsored by DFAT or Defence, applying for a PhD, or applying for primary or secondary school studies

A sideways move to a different course or provider, at the same level, that does not fit one of these pathways will generally now need to be applied for from offshore. If you are not sure which pathway applies to you, check before you enrol or apply.

Current Student Guardian (subclass 590) visa holders can still apply for a further Student Guardian visa while in Australia.

When does this start?

The new rules commenced on 2 October 2026 and apply to visa applications made on or after that date.

If you lodged your Student visa application before 2 October 2026, including an application that included family members, it will continue to be assessed under the rules that applied when you lodged it.

Related migration updates

This change was one part of a wider reform package announced in September 2026. For the full picture, read Australia's 2026 Migration Reforms: Who Arrives, Who Stays, Who Leaves.

What should you do?

• check whether you or your partner qualifies for the DFAT/Defence, scholarship, PhD, Pacific or ASEAN exemption
• if you need another Student visa yourself, check whether your course and provider fit one of the onshore pathways above
• confirm your family's current visa status if you're already in Australia
• get advice before accepting a new course offer or lodging a new application

Can Work Visa Lawyers help?

Yes. We can check your options and help you plan your next step.

• student and graduate visa strategy
• checking DFAT/Defence, scholarship, PhD, Pacific or ASEAN exemptions
• employer-sponsored and Skills in Demand pathways after you graduate

Book an Appointment

FAQ: Student Visa Dependants 2026

Can international students still bring family to Australia?

Most new applicants cannot. DFAT/Defence-sponsored students, foreign government scholarship recipients, PhD students, and eligible Pacific or ASEAN nationals are still exempt.

Will my family be removed if they're already in Australia?

No. Your current arrangement continues until you leave Australia, or become eligible for a permanent visa.

Can I still bring my partner on a graduate (485) visa?

Generally, no, unless you are a PhD graduate, DFAT/Defence-sponsored, a scholarship recipient, or a Pacific or ASEAN national.

When does this start?

The rules commenced on 2 October 2026 and apply to applications made on or after that date. Applications lodged before that date are assessed under the old rules.

Can I apply for another student visa onshore if I don't fit the family exemptions?

Possibly, as a primary applicant — onshore re-application has its own, separate set of exemptions (such as finishing your current course within 12 months, or progressing to a higher-level course).

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

South Australia is in the middle of the biggest, longest economic build-up in its history. Submarines, a growing space sector, a $15.4 billion tunnel, a new children's hospital, a copper boom, a steelworks transformation and one of the country's largest renewable energy pipelines are all under way at once — and all competing for the same pool of skilled workers.

What's driving South Australia's skills shortage?

South Australia's project pipeline isn't limited to one or two headline builds. It spans defence, transport, health, mining, energy and water infrastructure, much of it planned out to the 2030s and beyond.

• AUKUS submarine construction at Osborne — a multi-decade defence build
• The Torrens to Darlington (T2D) tunnel and the new Women's and Children's Hospital — the state's two current "generational" infrastructure projects
• A growing space industry centred on Adelaide
• Olympic Dam's copper expansion and the Oak Dam prospect
• The transformation of the Whyalla Steelworks
• A $32.5 billion pipeline of renewable energy and hydrogen projects
• The proposed Northern Water desalination and pipeline project

Each of these draws on largely the same trades, engineering and professional workforce as the rest of the state's economy.

Why does this matter right now?

Seven of the world's top 10 defence companies already have a presence in South Australia, supported by more than 400 local SMEs delivering across maritime, aerospace, land, systems and cyber work.

On the transport side, more than 120,000 vehicles a day already use the roads the T2D Project will replace.

And the state's own 2026-27 Budget describes the T2D tunnel and the new Women's and Children's Hospital as the two "generational" projects driving a deliberate, temporary increase in government debt while they're delivered.

These are not small, isolated builds. Together they are large enough to reshape where the state's skilled workforce ends up for the next 20 years.

South Australia's project pipeline, sector by sector

1. AUKUS and the Osborne shipyard

Delivering SSN-AUKUS submarines requires a major, sustained increase in South Australia's defence engineering and construction workforce. The Commonwealth has now committed $8.5 billion to the Osborne Submarine Construction Yard alone, with construction of Australia's first SSN-AUKUS due to begin by the end of this decade and the first Australian-built boat expected in the early 2040s. 

This is a multi-decade program, not a short-term construction job.

Skills in demand: mechanical, electrical, mechatronics and systems engineers; naval architects; project and construction managers; welders, metal fabricators, fitters and machinists; electricians; quality assurance and safety professionals; ICT and cybersecurity specialists; supply chain and procurement specialists.

2. T2D and the new Women's and Children's Hospital — SA's two "generational" projects

The T2D Project is estimated at $15.4 billion and will deliver 10.5 kilometres of non-stop motorway, including twin three-lane tunnels making up more than half the route, with full completion planned for 2031.

As of 2026, the project has three large-scale tunnel boring machines excavating simultaneously — the first time this has happened on an Australian road project.

Alongside it, the new Women's and Children's Hospital is the state's other generational build, with the 2026-27 Budget continuing investment in both projects as its two largest capital commitments.

Skills in demand: civil, structural and geotechnical engineers; surveyors; construction and project managers; quantity surveyors; tunnel specialists; electricians; plant and heavy vehicle operators; construction trades; and, for the hospital build, healthcare facility planners alongside the usual construction workforce.

3. Health infrastructure beyond Adelaide

The hospital build isn't limited to the new Women's and Children's Hospital in the city.

The 2026-27 Budget also funds a new medical education and training facility next to Mount Gambier Hospital, upgrades to the maternity, birthing and renal services at Murray Bridge Soldiers' Memorial Hospital, a new emergency department at Clare Hospital, and a business case for a proposed new Greater Northern Adelaide Hospital.

Skills in demand: registered nurses, doctors and medical specialists, allied health professionals, paramedics and health managers, plus the construction trades needed to deliver the facilities themselves.

4. South Australia's space industry

South Australia is home to Australia's civil space sector, including the Australian Space Agency and more than 100 space-related organisations, with the South Australian Space Industry Centre leading state industry development.

Skills in demand: aerospace and satellite engineers, systems engineers, and digital and software specialists — a segment in short supply globally, not just in South Australia.

5. Olympic Dam, Oak Dam and the copper opportunity

BHP is investing more than $840 million in growth-enabling projects at its existing Olympic Dam, Prominent Hill and Carrapateena mines, alongside continuing exploration at Oak Dam, as part of a strategy to potentially double South Australian copper production by the mid-2030s.

BHP is also progressing a proposed smelter and refinery expansion at Olympic Dam, with a final investment decision targeted for the first half of the 2026-27 financial year.

Skills in demand: mining and process engineers, mining geologists, metallurgists, environmental professionals, surveyors, heavy diesel mechanics, fitters, electricians, plant operators and project managers.

6. Whyalla and the future of green steel

The South Australian and Australian Governments placed the former owner of the Whyalla Steelworks into administration to secure its future, and in May 2026 shortlisted two final bidders for its sale, backed by up to $1.9 billion in joint government investment to modernise the site into a low-emissions facility.

Skills in demand: metallurgical, mechanical and process engineers, welders, fitters, metal fabricators, electricians, plant operators and industrial technicians.

7. Renewable energy, hydrogen and the energy transition

South Australia now has a $32.5 billion pipeline of large-scale renewable energy projects under construction, under assessment or approved, spanning wind, solar, battery storage, transmission and hydrogen.

Skills in demand: electrical, mechanical, civil and power systems engineers, environmental engineers, electrical technicians, mechanical fitters, welders, plant operators, construction and project managers.

8. Northern Water

The proposed Northern Water Project would build a large-scale desalination plant and a pipeline of around 400 kilometres to supply industry in the Upper Spencer Gulf and Far North, including future copper and hydrogen development.

Skills in demand: civil, water and hydraulic engineers, environmental engineers and scientists, project and construction managers, electricians, pipefitters and surveyors.

9. Regional South Australia

Not all of this activity is in Adelaide. The Upper Spencer Gulf (Whyalla and Port Augusta) is building an industrial and energy hub around steel, hydrogen and mining supply chains. The Far North, around Olympic Dam and Roxby Downs, centres on copper, uranium and mining services. The Limestone Coast, Murraylands and Mid North are seeing steady demand across health, education, agriculture and regional construction. South Australia's Outer Regional Skilled Employment stream exists specifically to support this kind of regional demand.

The occupations these projects need most

Reading through every project above, the same kinds of jobs keep coming up. Here is a simple summary of the occupations South Australia's major projects need most, grouped together so you can see where your own skills might fit.

• Engineering: civil, structural, mechanical, electrical, mining, mechatronics and systems engineers
• Construction and trades: construction managers, surveyors, electricians, welders, fitters, plant operators, tunnel specialists
• Health: registered nurses, doctors and medical specialists, allied health professionals, paramedics
• Project delivery: project managers, quantity surveyors, safety and quality assurance professionals
• Digital and cyber: ICT specialists, cybersecurity professionals, software and systems engineers
• Education: teachers and trainers, needed as the population and workforce grow

If your occupation appears in one or more of these groups, South Australia is worth serious consideration — but remember that economic demand for a skill is not the same as visa eligibility. The two need to be checked separately.

Matching South Australia's projects to its migration priorities

For the 2025-26 General Skilled Migration program, South Australia is prioritising six sectors: Building and Construction, Defence, Education, Engineering, Health and Manufacturing.

The overlap with the project pipeline above is direct:

• AUKUS and shipbuilding — Defence, Engineering, Manufacturing
• T2D and Northern Water — Building & Construction, Engineering
• Olympic Dam, Oak Dam and Whyalla — Engineering, Manufacturing
• Renewable energy and hydrogen — Engineering, Building & Construction, Manufacturing
• Hospitals and regional health — Health, Building & Construction
• Growth-driven demand for teachers and trainers — Education

Important: South Australia's occupation lists and nomination settings can change between program years, so being in a priority sector does not automatically mean a specific occupation will qualify for state nomination at any given time.

South Australia's broader priorities

Beyond migration settings, the state government's own 2026-27 Budget frames health, education, skills, housing and infrastructure as the core priorities it is investing behind.

The Premier has separately pointed to AUKUS-driven jobs and the state's copper resources as key long-term drivers of growth and prosperity, alongside a continued push on renewable energy. This broader strategic direction is what sits behind the specific projects and migration priorities described above — South Australia isn't simply reacting to short-term shortages, it's building industries intended to need skilled people for decades.

What visa pathways can help?

South Australia can nominate eligible skilled migrants for the Skilled Nominated visa (subclass 190), a direct pathway to permanent residence, or the Skilled Work Regional (Provisional) visa (subclass 491) for those willing to live and work in regional South Australia.

For employers, standard employer sponsored visa pathways may apply, and eligible employers may also be able to access concessions under South Australia's Designated Area Migration Agreements (DAMA), which the state is currently renegotiating into a new five-year agreement with the Commonwealth.

Which pathway makes sense depends on the occupation, the employer's circumstances and the applicant's individual profile — economic demand in an industry does not automatically translate into visa eligibility.

What should you do if you're short-staffed?

If your business is losing staff to bigger projects, or struggling to hire in engineering, construction, defence, mining, energy or healthcare, act before the shortage gets worse.

• Map your current and upcoming roles against South Australia's occupation lists and priority sectors
• Check whether your business is eligible to sponsor skilled migrants directly
• Look into DAMA concessions if you're in a sector or region they cover
• Start the sponsorship process early — visa processing takes time, and demand for skilled labour is only rising

Waiting until a project deadline is close to source talent puts you at a disadvantage against employers who started planning months earlier.

Can Work Visa Lawyers help?

Yes. South Australia's major projects will only succeed on schedule if the workforce behind them arrives on time, and that depends on getting migration right. Work Visa Lawyers helps South Australian employers build a practical, compliant plan to fill skill shortages with migrant workers, and helps skilled migrants understand where they stand under the current rules.

• Employer sponsored visa advice
• Designated Area Migration Agreement (DAMA) sponsorship
• Skilled migration strategy for engineering, construction, defence, mining, energy and health roles
• Guidance on current visa processing priorities, so you know what to expect and how to plan around it
• Sponsorship compliance and ongoing obligations

Getting your sponsorship strategy right early gives you a real advantage while South Australia's major projects are competing for the same workforce, and while the migration rules themselves keep changing.

Talk to an Immigration Lawyer

FAQ: South Australia's Big Projects and Skills Needs

Why is South Australia short of skilled workers right now?

South Australia is running several large projects at once, including AUKUS submarine construction, the T2D tunnel and new Women's and Children's Hospital, a growing space sector, an expanding copper industry and a $32.5 billion renewable energy pipeline. These projects draw heavily on the same skilled workforce the rest of the state's economy also needs, leaving many mid-sized and smaller employers short-staffed.

What is AUKUS and how does it affect South Australian jobs?

AUKUS is a trilateral security partnership under which South Australia will build nuclear-powered submarines at Osborne. The Commonwealth has now committed $8.5 billion to the construction yard alone, and the program is expected to create a multi-decade demand for engineers, tradespeople and technicians.

What are South Australia's two 'generational' infrastructure projects?

The T2D tunnel and the new Women's and Children's Hospital are described by the state government as its two current generational projects, both drawing heavily on construction, engineering and (for the hospital) health-facility skills.

How does South Australia's project pipeline match its skilled migration priorities?

South Australia's published priority sectors for 2025-26 are Building and Construction, Defence, Education, Engineering, Health and Manufacturing. Nearly every major project on the state's pipeline — from AUKUS to the copper industry to renewable energy — sits within one or more of these sectors.

Can small and medium South Australian businesses sponsor skilled migrants?

Yes. Eligible South Australian employers can sponsor skilled migrants directly, and some may also access concessions through South Australia's Designated Area Migration Agreement (DAMA).

Have Australia's visa processing rules changed recently?

Yes. From 25 July 2026, Ministerial Direction 119 changed the order in which skilled visa applications are processed, giving the highest priority to defence and law-enforcement occupations, then construction, healthcare and teaching occupations for applicants already in Australia. It does not change who is eligible for a visa, only the order applications are looked at.

Does being an Accredited Sponsor still speed up visa processing in South Australia?

Not on its own. Under Ministerial Direction 119, Accredited Sponsor status and regional employer location are no longer standalone priority factors, which is an important change for South Australian regional employers who may have relied on this in the past.

How can Work Visa Lawyers help my business find skilled workers?

Work Visa Lawyers can assess your sponsorship options, including DAMA concessions, explain how current processing priorities affect your timeline, and manage your skilled migration strategy end to end. Talk to an Immigration Lawyer to get started.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

REFERENCE LIST

1. https://statedevelopment.sa.gov.au/trade-international-investment/tistrategy/defence-and-space — Department of State Development — AUKUS, defence and space sector overview and figures

2. https://www.asa.gov.au/projects/osborne-submarine-construction-yard — Australian Submarine Agency — Osborne Submarine Construction Yard timeline

3. https://defencesa.com/news-events-and-media/news/multi-billion-investment-in-new-submarine-construction-yard/ — Defence SA — $8.5 billion Commonwealth investment in the Osborne Submarine Construction Yard

4. https://www.t2d.sa.gov.au/about — T2D Project (Dept for Infrastructure and Transport) — project scope and cost

5. https://www.t2d.sa.gov.au/project-map — T2D Project — tunnel length and route detail

6. https://www.t2d.sa.gov.au/ — T2D Project construction portal — current construction status (tunnel boring machines)

7. https://dit.sa.gov.au/infrastructure/projects/river-torrens-to-darlington — Department for Infrastructure and Transport — North-South Corridor congestion figures

8. https://treasury.sa.gov.au/__data/assets/pdf_file/0006/1419036/2026-27-Budget-Statement.pdf — SA Treasury — 2026-27 Budget Statement (T2D and new WCH as generational projects)

9. https://statebudget.sa.gov.au/our-budget/health — SA State Budget 2026-27 — Health infrastructure investment (Mount Gambier, Murray Bridge, Clare)

10. https://statebudget.sa.gov.au/our-budget/budget-overview — SA State Budget 2026-27 — Budget overview and government priorities

11. https://www.space.gov.au/ — Australian Space Agency — national space sector context

12. https://sasic.sa.gov.au/ — South Australian Space Industry Centre — state space sector development

13. https://www.bhp.com/news/articles/2025/10/bhp-investing-to-boost-olympic-dam-operations — BHP — Olympic Dam growth-enabling investment and copper production plans

14. https://www.bhp.com/news/media-centre/releases/2024/08/bhp-takes-next-step-in-smelter-and-refinery-expansion-at-copper-south-australia — BHP — Olympic Dam smelter and refinery expansion (Oak Dam context)

15. https://www.energymining.sa.gov.au/home/news/latest/final-bidders-shortlisted-in-sale-of-whyalla-steelworks — SA Dept of Energy and Mining — Whyalla Steelworks sale and modernisation investment

16. https://www.energymining.sa.gov.au/industry/hydrogen-and-renewable-energy/leading-the-green-economy — SA Dept of Energy and Mining — $32.5 billion renewable energy project pipeline

17. https://www.northernwater.sa.gov.au/project-overview — Northern Water Project — official project overview

18. https://migration.sa.gov.au/before-applying/visa-options-and-pathways/skilled-migrants/moving-to-south-australia-from-overseas — Migration SA — 2025-26 skilled migration priority sectors

19. https://migration.sa.gov.au/before-applying/visa-options-and-pathways/skilled-migrants/outer-regional-skilled-employment — Migration SA — Outer Regional Skilled Employment stream and occupation caveat

20. https://migration.sa.gov.au/before-applying/visa-options-and-pathways/employer-sponsored-visas — Migration SA — employer sponsored visa pathways

21. https://migration.sa.gov.au/employer-hub/dama — Migration SA — Designated Area Migration Agreement (DAMA) overview

22. https://migration.sa.gov.au/news/damas-extension — Migration SA — DAMA extension and new statewide agreement negotiation

23. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/visa-processing-priorities/skilled-visa — Department of Home Affairs — Ministerial Direction 119 skilled visa processing priorities (effective 25 July 2026)

In 2021, JD Sheard moved from Canada to Adelaide on Australia's Global Talent visa, after two decades of scaling businesses across Canada, the United States, the United Kingdom, and Europe. This included growing a multinational technology and engineering services company from 100 to more than 1,800 employees across four countries.

His story provides a clear, real-world example of the distinct advantages that the National Innovation Visa (NIV)—the pathway that replaced the Global Talent visa—brings to the state. Unlike traditional skilled migration, high-calibre individuals like JD generate compounding economic impacts by bringing exceptional skills to build things that did not previously exist in Australia.

Specifically, JD’s transition to South Australia has delivered the following major benefits:

• Personally invested significant funds to launch Eastend Ventures, South Australia's first registered Early Stage Venture Capital Limited Partnership (ESVCLP) of its kind.
• Helping first-time founders, young people, and repeat entrepreneurs get their businesses off the ground in catered-for markets outside of Sydney and Melbourne.
• Driving employment demand in high-value, knowledge-intensive sectors such as software engineering, AI, cybersecurity, and defence technology.
• Fostering the commercialisation of genuinely innovative products, from construction technology to AI infrastructure, and expanding South Australia's export potential.
• Drawing more than $25 million for Eastend Ventures Fund 1, including a $5 million commitment from the South Australian Government’s investment corporation, Funds SA.
• Driving company growth and hiring that ultimately flows through into broader taxable income over time

What is the National Innovation Visa?

When JD applied, the pathway was known as the Global Talent visa. That program has since become the National Innovation Visa (subclass 858), a permanent visa for people with an internationally recognised record of outstanding achievement in their field. South Australian state nomination for the NIV is aimed at high-calibre, high-performing individuals who can drive innovation, productivity, and growth in the state.

How does this compare to other migration pathways?

Most skilled migration to Australia fills a specific, single role. While valuable, general skilled migration and employer-sponsored visas tie the visa holder to an individual position, meaning they cannot easily start new ventures, back other founders, or move capital into the local economy at scale.

The National Innovation Visa works differently. Because it isn't tied to a single employer, a visa holder like JD can found a company, sit on multiple boards, and direct capital into other people's ventures simultaneously. The visa is designed for individuals whose contribution is not just a single job, but a multiplying body of ongoing economic activity.

Concrete Proof: Why JD is a Model for the NIV

It's easy to talk about a visa category in the abstract, but JD's career since arriving in Adelaide shows in concrete terms what a single high-calibre migrant can bring to a state economy.

A remarkable, formally recognised record of achievement

JD's qualifications and career achievements are exactly the kind of internationally recognised, top-of-field profile the National Innovation Visa is designed to identify.

• An MBA in Finance and a Company Directors Course qualification (GAICD) from the Australian Institute of Company Directors
• Project Management Professional (PMP) certification
• Harvard Business School Online certificates in Alternative Investments and Financial Accounting
• A commercial pilot licence, held alongside a full-time executive career
• Leadership of a multinational company's growth from 100 to more than 1,800 employees across four countries, including the creation of some of the oil and gas industry's earliest widely adopted SaaS, IoT, AI and machine learning products, adopted by Fortune 500 companies as early clients

It's an unusually broad combination — deep technical and digital transformation experience, formal financial and governance qualifications, and a demonstrated ability to scale a business internationally. That breadth is precisely what the National Innovation Visa's 'exceptional and outstanding achievement' test looks for.

He leads a venture capital firm putting money into Australian startups

In 2023, JD co-founded Eastend Ventures with Josh Garratt to back early-stage, high-growth B2B technology companies.

Eastend Ventures Fund 1 became South Australia's first Early Stage Venture Capital Limited Partnership (ESVCLP), reaching a $13 million first close in June 2025 on its way to a $50 million target.

His own investment is drawing in further capital for South Australia

JD and his co-founder have put more than $2 million of their own money into Fund 1 — a direct personal stake that gave other investors confidence to follow.

That confidence is compounding: Funds SA's Chief Investment Officer described the Eastend partnership as helping the state access a more diverse pipeline of investment opportunities, including those emerging from South Australia itself.

Every dollar Fund 1 raises is a dollar that wasn't available to South Australian startups before Eastend Ventures existed. As the fund grows toward its $50 million target, so does its capacity to back more local businesses — meaning JD's influence on the state's investment landscape compounds well beyond his own initial contribution, with knock-on benefits for the wider Australian economy as the companies he backs grow, hire and eventually attract further national and international investment.

He's helping create employment for Australians

Fund 1 is targeted at up to 30 early-stage portfolio companies, and has already backed local businesses including Heatseeker, Priori Analytica and the tradie app Jack.

Every one of those companies hires locally as it grows. That's a direct, compounding employment effect that a single skilled employee in a single role can't replicate on the same scale.

He's backing an overlooked part of Australia's startup ecosystem

Most Australian venture capital flows to Sydney and Melbourne. Eastend Ventures was deliberately built to invest in South Australia, Western Australia and Queensland instead — states that together receive a small share of national VC investment.

This wasn't the first fund JD backed either — through Virtca Capital he had already deployed an earlier $3 million fund into early-stage companies before Eastend Ventures existed.

A hands-on presence connecting SA to the world

JD remains an active member of the Adelaide-based angel investor network, Southern Angels, and serves as a Non-Executive Director for South Australian technology companies Optible AI and JACK App. Through Eastend, JD also assists SA businesses with expansion into the US, Canada, and the UK, allowing South Australian intellectual property to generate revenue from international markets while retaining local operations.

What JD's story says about Australia's opportunity

JD Sheard’s story highlights the structural economic benefits the National Innovation Visa is designed to deliver. Rather than simply filling a single workforce vacancy, JD addressed a structural shortage in the South Australian economy: early-stage capital and scaling networks for innovative companies.

His work demonstrates the true potential of the visa pathway as an economic multiplier—where exceptional individuals launch ventures, attract institutional capital, mentor local founders, create high-skilled jobs, and drive long-term tax revenue for the state.

Work Visa Lawyers prepared JD's application by matching his international track record to the Global Talent pathway. If a path like JD's sounds like it could be yours, that's a conversation worth having early—well before you've locked in a move, and while there's still time to build the strongest possible case.

Complete the free NIV assessment

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

PR & News References

• South Australia Government: National Innovation Visa (subclass 858) eligibility and nomination categories
• Department of Home Affairs: Federal National Innovation Visa (subclass 858) visa listing
• Eastend Ventures: Funds SA's $5 million investment in Eastend Ventures Fund 1 (June 2026)
• Eastend Ventures: Eastend Ventures Fund 1 first close announcement
• Capital Brief: Eastend Ventures becomes Adelaide's first ESVCLP after raising $13m
• Startup Daily: South Australia has a new early-stage VC fund to back B2B startups
• Startup Daily: Adelaide VC Eastend Ventures lands $5 million from Funds SA
• InDaily: Eastend Ventures becomes South Australia's first ESVCLP

Australia's Working Holiday Maker (WHM) program is changing. Backpackers who want to stay for a second or third year will now have to enter a ballot. But here is the part that is being overlooked: backpackers still have to complete 88 days of regional work before entering that ballot. They do all the hard work. Then they wait. And many of them will get nothing in return. That is worth examining carefully.

What Is the Working Holiday Maker Program?

The Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visas let young people from eligible countries visit Australia for up to one year. They can work to fund their trip. If they want to extend their stay, they need to complete a set amount of regional work in qualifying industries such as agriculture, fishing, and some regional hospitality roles.

Until now, completing 88 days of regional work almost guaranteed a second-year visa. Completing six months of regional work in the second year gave backpackers access to a third year. The ballot removes that guarantee. Completely.

What Did Tony Burke Announce on 17 September 2026?

Immigration Minister Tony Burke announced the ballot system at the National Press Club. Here is how it works:

• Year two: 45,000 ballot places — down from 57,000 who qualified last year. The 88-day regional work requirement still applies before entry into the ballot.

• Year three: just 5,000 ballot places — down from 31,000 who qualified last year. The six-month regional work requirement still applies.

• UK backpackers are excluded from the ballot entirely under the Australia–UK Free Trade Agreement. They do not need the regional work requirement either.

• The changes can be implemented by ministerial direction and regulation — not legislation.

• The changes form part of a plan to bring net overseas migration from 292,000 down to 225,000 by 2028.

Working Holiday Visa Ballot Problem

Under the new system, backpackers still have to do all the regional work. Every bit of it. They still have to spend 88 days on farms, in fisheries, or in qualifying regional roles. The work is physically demanding. It is often in remote areas. It takes months out of their travels.

But after all of that work, they go into a ballot. And a ballot means they might not win a visa at all.

Last year, 57,000 backpackers stayed for a second year. Under the ballot, only 45,000 places are available. That means roughly 12,000 people who complete all the required regional work could still miss out on a second-year visa.

For the third year, the shortfall is even more stark. Last year, 31,000 backpackers qualified. Under the ballot, only 5,000 places exist — a reduction of more than 80%.

You work for months in regional Australia. You do the jobs that Australians often will not do. Then you might get nothing. That is the reality of this ballot.

Why This Kills the Motivation to Do Regional Work

Immigration lawyer Chris Johnston, principal of Work Visa Lawyers, sees the problem clearly.

"The likely result of the ballot will be 200,000 backpackers in Australia and almost none of them want to do the regional work anymore. The uncertainty of the ballot will remove motivation."

— Chris Johnston, Immigration Lawyer, Work Visa Lawyers

The old system worked because the incentive was direct and certain. Complete 88 days → get a second-year visa. Almost always. That certainty was exactly why backpackers were willing to travel to remote farms and do hard physical work.

The ballot breaks that link. Why would you spend three months doing difficult work in regional Australia if there is a real chance you still won't get the visa? The answer, for many backpackers, will simply be: you won't.

On the morning of Burke's press conference, Work Visa Lawyers received a call from a backpacker who had just heard the news. The question was immediate: if the ballot means I might not get a second-year visa anyway, what other options do I have? That question tells you everything about what this ballot does to motivation.

Backpackers Are Already Saying No — and Social Media Shows It

That phone call to our office was not an isolated reaction. Across Facebook groups and online communities dedicated to working holiday makers in Australia, backpackers responded to the announcement almost immediately. The dominant sentiment was not confusion. It was a decision.

Post after post across groups with tens of thousands of members said the same thing: if completing the 88 days, or 6 months, of regional work no longer guarantees a second-year visa, I am not going to do it. Why would I spend three months on a remote farm for a lottery ticket?

This Is Worse Than the Pause That Came Before

Before September 17, the government had quietly suspended WHM visa applications from 24 countries and slowed processing times across the board. The industry called it a crisis.

But the ballot is arguably worse. Here is why.

The pause stopped new people from entering Australia on WHM visas. But backpackers already in Australia on their first-year visa still had a reason to do the regional work. The second-year visa was still achievable if you put in the time.

The ballot changes the situation for people already in the country. It tells backpackers currently working their way through regional Australia: you can complete the regional work, but we might not give you a visa for it. The work requirement has not changed. The guarantee has gone.

Is This Exploitative? Let's Ask the Question.

The Working Holiday Maker program was designed for cultural exchange. Young people experience Australia. Australia gets seasonal labour. The deal was always implied: do the hard regional work, get the extra time in the country. That implied deal is now broken on the government's side.

We know the original system already had serious problems. The Fair Work Ombudsman's 2016 inquiry into the 417 visa program — which surveyed more than 4,000 overseas workers — found that 66% felt their employer was taking advantage of them. Some 35% believed they were paid less than minimum wage. Fourteen per cent had to pay in advance to get regional work. Six per cent had to pay an employer to sign off their 88 days.

The power imbalance between employers and backpackers chasing visa days was real, documented, and serious.

The ballot does not improve that dynamic. It makes it worse. A backpacker who has done their 88 days and is now waiting on a ballot result has even less leverage than before. They completed the requirement. They are not sure they will win the visa. An employer who knows a backpacker is desperate — and not certain they will win the ballot anyway — has even more power over them, not less.

Requiring the work while removing the reward is not a balanced system. It is one where the worker carries all the risk.

Was Anyone Actually Consulted?

At the National Press Club on September 17, Tony Burke presented the ballot as part of a measured plan to manage migration numbers. But how many backpackers were consulted before this was announced? How many received a phone call, a survey, or an invitation to comment?

The Tourism and Transport Forum told the Australian Financial Review that the industry had been "blindsided" by the changes. "All we would have liked was for government to consult us while they were thinking about this," TTF CEO Margy Osmond said.

The National Farmers' Federation also called for "urgent" consultation before any further changes — after the fact, not before. If peak industry bodies that depend on these workers were not consulted, it is reasonable to assume the workers themselves — the backpackers — were not either.

This was a policy decision made about them, not with them.

There Is a More Logical Approach

If the goal is to reduce the overall number of Working Holiday Makers in Australia, there is a simpler way to do it.

Reduce the number of first-year WHM visa grants. That controls total numbers at the point of entry. But leave the second and third year incentives intact. Keep the direct link between completing regional work and receiving the extension visa. Backpackers already in Australia still have a clear reason to do the regional work. Farms and hospitality businesses keep their workforce. And the deal remains honest: work the days, get the visa.

The ballot, by contrast, breaks the deal for people already here. It removes the motivation from workers already in the country and already willing to do the work. That is the wrong target and the wrong tool.

What Should You Do If You Are a Backpacker Right Now?

If you are currently in Australia on a first-year Subclass 417 or 462 visa, here is what to keep in mind.

• The ballot is not yet in place. No commencement date has been published. Rules made by ministerial direction can change.

• If you are already doing or planning your 88-day regional work, do not stop based on uncertainty alone. The situation is still evolving.

• Speak to an immigration lawyer before making decisions about your regional work or alternative visa pathways.

• There may be other visa options available depending on your nationality, skills, and situation.

• Do not assume the ballot is the end of the road. Get advice specific to your circumstances.

Can Work Visa Lawyers Help?

Yes. If you are a backpacker on a Subclass 417 or 462 visa and you are worried about what the ballot means for your plans, Work Visa Lawyers can help. Our team — including principal immigration lawyer Chris Johnston — understands this program in detail and is already hearing from backpackers affected by the uncertainty.

We can review your individual situation, explain your options, and help you find a path forward that makes sense for you. Contact us for an appointment.

Talk to an Immigration Lawyer

Frequently Asked Questions

What is the backpacker ballot and when does it start?

The ballot is a new system for second and third-year Working Holiday Maker visas. Backpackers must still complete regional work, but they then enter a draw rather than automatically receiving a visa. Second-year places are capped at 45,000. Third-year places are capped at 5,000. No start date has been announced yet.

Do I still need to do 88 days of regional work if there is a ballot?

Yes. The 88-day requirement for a second-year visa still applies. The six-month requirement for a third-year visa still applies. The ballot does not remove those requirements — it just means completing them no longer guarantees a visa.

Does the ballot affect UK backpackers?

No. UK working holiday makers are excluded from the ballot under the Australia–UK Free Trade Agreement. They are also not required to complete regional work to extend their stay. This applies only to UK passport holders.

Why would I bother doing the regional work if the ballot means I might not get a visa?

That is exactly the question being asked by backpackers right now. The ballot removes the certainty that made the regional work worthwhile. Many backpackers will decide it is not worth the risk. That is the core flaw in this policy — it removes motivation for the very work requirement it still demands.

What happens if I do the regional work but don't win the ballot?

You will not receive a second or third-year visa through that pathway. Depending on your nationality, skills, and circumstances, you may have other options. A migration lawyer can advise you on what alternatives exist for your specific situation.

Is there any legal challenge to the ballot system?

The changes are being made by ministerial direction and regulation rather than legislation. That means they can be changed more quickly, in either direction. No legal challenge has been announced at this stage. Check the Department of Home Affairs website and speak to an immigration lawyer for the latest developments.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

On 17 September 2026, Immigration Minister Tony Burke announced major changes to Australia's Working Holiday Maker (WHM) program.

The centrepiece is a ballot system for backpackers wanting a second or third year.

Both agriculture and hospitality sectors depend heavily on Working Holiday Makers to fill seasonal roles that Australians consistently leave vacant. Without them, the workforce gaps do not fix themselves — they just grow.

If the ballot is introduced, this will reduce the incentive to do regional work.

How do we know that the ballot is going to reduce the incentive to do regional work?

As soon as the announcement was finished, the first phone call we received in our office was from a backpacker saying "I'm not going to do the ballot. What other options are there?".

After Tony Burke's announcement, Chris Johnston and Tajinder Kaur, immigration lawyers, did a live stream on YouTube explaining all the changes announced and answering some questions we received about it. You can check the video here.

What Is the Working Holiday Maker Program?

The Working Holiday Maker (WHM) program lets young people from eligible countries visit Australia for up to one year. They can work to fund their travels.

If they complete 88 days of regional work in their first year — in industries like agriculture, fishing, and some regional hospitality roles — they can apply for a second-year visa (Subclass 417 or 462).

If they complete six months of regional work in their second year, they can apply for a third year.

For decades, this system gave farms and regional hospitality businesses a reliable seasonal workforce. That has now fundamentally changed.

What Did Tony Burke Announce on 17 September 2026?

Burke announced the following key changes at the National Press Club:

• A ballot for year-two WHM visas, capped at 45,000 places — down from 57,000 who qualified last year.

• A ballot for year-three WHM visas, capped at just 5,000 places — down from 31,000 last year.

• Processing times for WHM applications stabilised at three months.

• UK backpackers excluded from the ballot under the Australia–UK Free Trade Agreement.

• The changes form part of a plan to reduce net overseas migration from around 292,000 to 225,000 by 2028.

The Ballot Removes the Motivation to Do Regional Work

There is a problem at the heart of this policy that no one in government appears to have thought through: the ballot does not just reduce numbers. It removes the reason backpackers do the regional work in the first place.

Immigration lawyer Chris Johnston, principal of Work Visa Lawyers, is direct about where this leads.

"The likely result of the ballot will be 200,000 backpackers in Australia and almost none of them want to do the regional work anymore. The uncertainty of the ballot will remove motivation."

— Chris Johnston, Immigration Lawyer, Work Visa Lawyers

The logic is simple. If completing 88 days of regional work no longer guarantees a second year, why do it? And why would anyone commit to six months of regional work for a third year when only 5,000 places exist — down from 31,000 last year — and the odds of winning the ballot are close to nothing?

The old system worked because the incentive was certain. Complete 88 days of regional work → get a second year. Almost guaranteed. The ballot breaks that link entirely. And it is worth remembering: Australians already do not want most of these regional jobs. That is why the WHM program exists in the first place. Removing the motivation for backpackers to do the same work does not make those roles more appealing to locals.

What the Numbers Mean for Farms

The National Farmers' Federation (NFF) has put the numbers into sharp relief. Working Holiday Makers fill about one in seven farm jobs across Australia — making up around 44% of the horticulture workforce, 31% of the grains sector, 26% of red meat workers, and 25% of cotton workers.

The cut to the third-year ballot is more than 80%. Last year, 31,000 backpackers stayed for a third year. Under the ballot, only 5,000 places are available.

NFF President Hamish McIntyre called it a "low blow for farmers." The government's unilateral slowdown on WHM visas, he said, had "already caused havoc across agriculture ahead of the busiest time of year for food and fibre production."

NFF Executive Officer Richard Shannon took direct aim at the government's framing of the changes as a response to housing pressures. "Nothing in the changes to specified work or Working Holiday Maker settings does anything to build a single house," he said. "Backpackers doing harvest work in regional Australia are not the cause of housing shortages in our capital cities. They are the reason fruit gets picked, packed and onto supermarket shelves."

The federation warned that harvests are already underway in parts of Queensland and the warning is clear: food prices will rise if farms cannot get the workers they need in time.

Esperance farmer Mic Fels, speaking to the ABC, described the slowdown that preceded Burke's announcement as "quite catastrophic — and I'm not using hyperbole here." He said the impact on the broadacre sector, especially in Western Australia, had already been devastating.

The NFF was equally pointed about the new three-month processing target: "Farmers need approvals in days, not months. For many farms, three months is the difference between harvesting a crop and losing it."

What the Numbers Mean for Hospitality

Accommodation Australia has estimated the ballot caps amount to roughly a 40% reduction from current backpacker levels — a cut the peak body says will fall at the worst possible time for the sector.

Accommodation Australia represents close to 5,000 hospitality, travel, and accommodation providers with around 250,000 workers. Before this announcement, there were already more than 38,000 vacancies across the sector. CEO James Goodwin has been clear that targeted migration is "necessary to fill the large gaps to ease the worker shortage and unlock investment and growth" — not cut.

Tourism and Transport Forum (TTF) CEO Margy Osmond described the announcement as an "extraordinary slap in the face for an industry already under pressure." Major changes had been made, she said, "without previously consulting the people who have to make it work."

Osmond told the Australian Financial Review that the industry had been "blindsided" by Labor's reforms, and warned the new laws would see backpackers feeling "not welcome in Australia."

"All we would have liked was for government to consult us while they were thinking about this," Osmond said.

Osmond also flagged that tourism and hospitality were left off the priority processing list entirely — despite facing the same workforce pressures as construction, which was included. With more than 38,000 vacancies already unfilled, the sector has no buffer to absorb a 40% reduction in its most flexible workforce.

The Industry Had Already Sounded the Alarm

Weeks before the September 17 announcement, the government had quietly paused WHM applications from 24 countries and slowed processing times across the board. Even before the ballot was confirmed, the Tourism and Transport Forum reported a drop in bookings for tourism activities nationally — tourism boats on Sydney Harbour, flights, and national park visits.

Working Holiday Makers spend $4.4 billion in Australia every year. Of that, $1.1 billion flows directly into regional economies — into accommodation, transport, hospitality, tours, and local businesses.

All four major industry bodies — the NFF, TTF, Accommodation Australia, and the Australian Chamber of Commerce and Industry (ACCI) — went to Parliament House to call for urgent action before September 17. None of them was consulted before Burke's announcement.

Can Work Visa Lawyers Help?

Yes. Work Visa Lawyers are Australia's leading immigration law firm for businesses and individuals navigating complex visa situations. If you run a regional business that relies on WHMs — whether in agriculture, hospitality, or tourism — our lawyers can review your situation and identify workforce solutions that work for you.

We can advise on employer-sponsored visas, PALM scheme eligibility, and any pathways that help keep your business operating through the summer season and beyond. Contact us for an appointment.

Talk to an Immigration Lawyer

Frequently Asked Questions

What is the new Working Holiday Maker ballot and when does it start?

The ballot is a new system for second and third-year WHM visas (Subclass 417 and 462). Instead of applying directly after completing regional work, backpackers must enter a draw with limited places. Year two is capped at 45,000. Year three is capped at 5,000. No start date has been published yet. Changes are being made by ministerial direction, not legislation, so timing may shift.

Does the ballot affect UK backpackers?

No. UK working holiday makers are excluded from the ballot under the Australia–UK Free Trade Agreement. They also do not need to meet the regional work requirement. The number of UK backpackers in Australia has grown from around 17,000 to nearly 80,000 since the FTA took effect.

Why are farmers worried about the WHM ballot?

Working Holiday Makers fill about one in seven farm jobs in Australia. They make up 44% of the horticulture workforce alone. With the third-year ballot cut by over 80%, farmers face serious labour shortages during peak harvest season — starting now, with harvest already underway in parts of Queensland.

Are there other workforce options if backpacker numbers fall?

Yes. Regional employers can explore the PALM scheme, which brings workers from Pacific Island nations and Timor-Leste. Employer-sponsored visa pathways may also be relevant for some roles. Talk to an immigration lawyer to understand what options apply to your business.

Is the government consulting farming and hospitality industries?

Not yet — and the NFF, TTF, Accommodation Australia, and ACCI are calling for urgent consultation. The September 17 announcement was made without prior consultation with any of these peak bodies.

Could the WHV ballot lead to higher food prices?

Yes, according to the NFF. The federation has warned publicly that food prices will rise if farms cannot get the workers needed to harvest crops. Harvest in Queensland has already begun, and processing times of three months mean many farms will not get workers in time.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision. 

On 17 September 2026, Home Affairs Minister Tony Burke used a National Press Club address to announce the biggest changes to Australia's migration program in years.

He grouped the changes under three headings: who arrives, who stays, and who leaves. The changes touch student visas, working holiday visas, visitor visas, skilled visas, and enforcement against visa overstayers.

If you hold one of these visas, or you are planning to apply, you need to know what has changed, and what has not.

A few hours after the Minister's address, Work Visa Lawyers immigration lawyers Chris Johnston and Tajinder Kaur went live to break down every part of this announcement, category by category. Watch the full video below.

What is this migration reform package?

Minister Burke titled his speech “The Work of Managing the Migration Program: Who Arrives, Who Stays, Who Leaves.” He used this structure to group all of the changes.

“Who arrives” covers new rules for people applying for a visa for the first time, such as students, skilled workers, and working holiday makers.

“Who stays” covers rules for people already in Australia who want to change or extend their visa, or bring family members.

“Who leaves” covers stronger enforcement against people who remain in Australia after their visa expires.

Most of these changes are being made through ministerial direction and regulation, not new legislation. This means they can start quickly, without a vote in Parliament. The Government says it still wants Coalition support to legislate further changes later.

Why does this matter right now?

Net overseas migration (NOM) measures the difference between the number of people arriving to live in Australia and the number leaving. The Australian Bureau of Statistics publishes NOM figures each quarter as part of its National, state and territory population release.

The Department of Home Affairs confirmed net overseas migration has fallen to 292,000, down 47 per cent from the post-COVID peak in 2023. The Government wants to bring this down further, to 245,000 in this financial year, and to 225,000 in 2027–28, matching the forecasts in the Budget.

Minister Burke framed the changes plainly: “The government supports immigration but is opposed to anyone rorting the immigration system.”

This matters because these targets shape which visas get easier, and which get harder. If your visa type sits outside the Government's priority list, you may face slower processing or tighter conditions.

Who Arrives: New Rules for First-Time Applicants

Student and graduate visas > No more secondary applicants

Most new student and graduate visa applicants can no longer add family members as secondary applicants. If you already hold a student visa with family members attached, this change does not affect you. The main exceptions are students from Pacific and ASEAN nations, and postgraduate (PhD) students.

Course transfers > Moving up the qualification scale

If you progress to a higher-level course, for example from a Bachelor's degree to a Master's, you can generally stay on your current visa pathway. If you move to a lower-level course, or a different provider, you need to apply for a new student visa. This is not a brand-new rule — student visa holders already have to follow Condition 8202, which requires you to stay in a course at the same or a higher qualification level.

Skilled visas > A new points test

The Government is working with Treasury on a new points test for the Subclass 189, 190 and 491 skilled visas.

Under the new test, a housing trade qualification will score points broadly equal to a university qualification. This is designed to attract more construction workers into the skilled program.

Home Affairs already prioritises processing for construction, healthcare and teaching occupations under Ministerial Direction 119. The Department of Home Affairs confirmed Direction 119 is being updated to add law enforcement, defence, resources, agriculture, aquaculture and fishing to the existing healthcare, construction and education priority sectors.

Working holiday makers > A new ballot system

Second and third-year Working Holiday visas (subclass 417 and 462) will move to a ballot system. You must still complete the regional work requirement to be eligible: 88 days for a second-year visa, and 6 months for a third-year visa.

The Government is cutting Year Two ballot places to 45,000, down from 57,000 this year. Year Three ballot places drop to 5,000, down from around 31,000.

Home Affairs also confirmed it will stabilise Working Holiday Maker processing times to three months. UK working holiday makers stay exempt from the regional work rule under the Australia-UK Free Trade Agreement, so their applications will keep moving more slowly while the Government manages a large increase in this group.

Visitor visas > The “No Further Stay” condition

A “No Further Stay” condition (condition 8503) will apply to all future visitor visa grants. This stops most onshore visa applications from a visitor visa, apart from a protection visa. It does not affect visitor visas already granted, or people already in Australia on one.

So what does this mean for you? If you are about to apply for a student, skilled, working holiday, or visitor visa, check how these new settings affect your occupation, course, or nationality before you lodge.

Who Stays: Rules for People Already in Australia

The new visitor visa condition closes a loophole where people used a visitor visa, then applied onshore for a partner or other visa while their visitor visa was still current. Genuine visitors, such as people attending a wedding or family event, should find it easier to get a longer visitor visa now that loophole is closing.

Minister Burke also flagged concerns about protection visa claims from countries with high refusal rates. Addressing this fully needs new legislation, so nothing changes today. The Minister also confirmed there is no plan to remove work rights from people whose protection visa claim is rejected.

Migration agents who knowingly support applications without merit face further sanctions, including the risk of deregistration. If you use a migration agent, check that they are registered with the Office of the Migration Agents Registration Authority (OMARA), or use a registered migration lawyer instead.

So what does this mean for you? None of this changes a visa you already hold. If you are considering an onshore visa strategy that relies on a visitor visa, get advice before you apply.

Who Leaves: Stronger Action on Visa Overstayers

Around 77,000 people are currently overstaying their visa in Australia, according to the Minister. The Government is returning to the approach used before 2015: detention, followed by a voluntary departure, usually within weeks. It is adding 100 compliance officers and 250 detention beds, and is considering a former quarantine facility in Melbourne.

The core message is simple. Once your visa expires, you need to leave Australia.

So what does this mean for you? If your visa has expired, or is close to expiring, do not wait for a compliance visit. Get advice on your options now.

What Should You Do?

If any of these changes affect you, do not wait until your visa is close to expiring.

You should check:

• whether your student visa still allows secondary applicants
• whether a planned course change is a downgrade under condition 8202
• whether your occupation is on the new skilled visa priority list
• whether you are relying on the second or third-year Working Holiday ballot
• whether your visitor visa will carry the new “No Further Stay” condition
• whether your current visa has already expired

If you are unsure how these changes apply to your situation, get advice before you make your next move.

When Will These Changes Take Effect?

As of 18 September 2026, the Department of Home Affairs has not published a single commencement date for these measures, so treat any specific date you see elsewhere with caution.

Minister Burke was clear on the mechanism, though: most of these changes do not need a vote in Parliament, because the Government already has the power to make them through ministerial direction and regulation. He told the ABC that Labor would implement the changes it can make “under existing powers,” while still wanting a parliamentary path for the parts that need new legislation.

That matters because it means changes made this way can start quickly, sometimes within weeks, once the paperwork is signed. As a guide, an earlier update to Ministerial Direction 119 in July 2026 took effect almost immediately, and visa processing times shifted within weeks of that change.

Two parts of the package are different, and are not in effect yet: a new expression-of-interest mechanism to control student arrival numbers, and reform of disingenuous protection visa claims. Both need legislation, and the Government does not currently have a clear path through Parliament for either one.

Our practical advice: assume the administrative changes — the student secondary applicant restriction, course transfer enforcement, the Ministerial Direction 119 update, the visitor visa “No Further Stay” condition, the Working Holiday ballot, and the migration agent sanctions — could start at any time from now. Check the Home Affairs website or get advice before you lodge, rather than wait for a fixed date. We will update this article, and the individual articles in this series, as soon as Home Affairs confirms specific commencement dates.

Can Work Visa Lawyers Help?

Yes. Work Visa Lawyers can help you understand how these reforms affect your visa options.

We can assist with:

• skilled visa strategy under the new points test
• applications for the 190 Skilled Nominated visa and 491 Skilled Work Regional visa
• advice on the 189 Skilled Independent visa
• advice on employer sponsored visas
• strategy for a partner visa where a visitor visa is involved
• urgent advice if your visa has expired or is expiring soon
• help finding what visa options are still available to you, if your visitor visa does not have a “No Further Stay” condition

These reforms are moving quickly, and small mistakes in your visa strategy can be costly.

Talk to an Immigration Lawyer

Watch Our Live Reaction

A few hours after the Minister's address, Work Visa Lawyers immigration lawyers Chris Johnston (MIA SA State President) and Tajinder Kaur hosted the firm's first live webcast to break down what the changes mean. They walked through the announcement using the Minister's own structure: who arrives, who stays, and who leaves.

Chris and Tajinder noted that farmers and other employers who rely on backpackers are unlikely to welcome the Working Holiday visa changes. They also flagged that the new visitor visa condition affects two family visa pathways: onshore partner visas and onshore parent visas. Chris also pointed out that Minister Burke spoke about supporting multiculturalism and the ongoing need for skilled migrants, a shift in tone from some of the Government's recent messaging.

We received an overwhelming number of questions during the livestream, and we simply could not get to all of them live. This article is our first step towards answering them properly.

Watch the Minister's full address: Tony Burke's National Press Club address

Watch the Work Visa Lawyers live breakdown: Work Visa Lawyers live webcast

What's Next

This is a big reform package, and one article cannot do it justice. Over the coming weeks, we will publish a more detailed blog on each part of this reform: student visas, working holiday visas, visitor visas, skilled visas, and visa overstayer compliance.

To get these updates as soon as they are published, follow Work Visa Lawyers on Instagram, TikTok, Facebook, LinkedIn and X, subscribe to our YouTube channel, and sign up to our newsletter.

FAQ: Australia's 2026 Migration Reforms

What did Tony Burke announce about migration on 17 September 2026?

He announced changes to student, working holiday, visitor and skilled visas, along with tougher action on visa overstayers. Most changes apply to future visa grants, not to visas you already hold.

Can international students still bring their family to Australia?

Most new student and graduate visa holders can no longer add family members as secondary applicants. Exceptions apply for students from Pacific and ASEAN nations, and for PhD students. If your family is already in Australia on your visa, this change does not affect you.

How many places are there for second and third-year Working Holiday visas now?

Second-year places drop to 45,000, from 57,000. Third-year places drop to 5,000, from around 31,000. You still need to meet the regional work requirement to enter the ballot.

Will the new visitor visa rules affect my current visa?

No. The “No Further Stay” condition applies to visitor visas granted from now on. If you already hold a visitor visa, or you are already in Australia, this change does not apply to you.

Are the net overseas migration targets now legally binding?

The Government treats the 245,000 and 225,000 targets as goals it must meet, but most of the announced measures are set through ministerial direction and regulation, not new law. Further legislation would need Coalition support.

How can Work Visa Lawyers help with these changes?

We can review your visa situation against the new rules and help you plan your next application. Talk to an Immigration Lawyer to get advice specific to your circumstances.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

Partner Visa and Family Priority Order 2026: Which Visa Applications Get Processed First?

If you are waiting on a partner visa or family visa, you may have noticed processing times changed in 2026. Some applications are now moving faster than others, even if they were lodged later. This is the result of a new rule from Home Affairs, Ministerial Direction 117, which took effect on 25 July 2026.

You do not need to know the name of the rule to be affected by it. This guide explains what changed, who it affects, and what you can do next.

What changed in partner and family visa processing in 2026?

Home Affairs now works through partner and family visa applications in a new order. This new order comes from a written instruction called a Ministerial Direction. It is not a new law, and it does not change who qualifies for a visa. It only changes which applications get looked at first.

The current instruction is Ministerial Direction 117. Decision makers must follow the priorities it sets out.

Why are some partner and family visas processed faster than others?

Home Affairs now gives the highest priority to family visa applications made while the main applicant is in Australia, for a visa that can be granted onshore.

Lower priority goes to applications where the main applicant is outside Australia, or must be outside Australia when the visa is granted.

Within these two groups, Direction 117 sets a six-step order for family visa applications:

1. Family visa cases already subject to ministerial intervention
2. Applications by a partner or dependent child
3. Applications by an orphan relative
4. Applications by a contributory parent or contributory aged parent
5. Applications by a carer
6. Applications by a parent, aged parent, remaining relative or aged dependent relative

Partner and child visas sit near the top of this order. Parent and other family visas sit near the bottom.

Are onshore partner visas processed faster than offshore partner visas?

Yes. Location is the first thing Home Affairs checks under Direction 117. If you lodge a Partner visa while you are in Australia, and the visa can be granted while you are still here, you get higher priority. This applies to the onshore Partner visa (subclass 820 and 801).

If you apply from overseas, your application sits in the lower priority group. This applies to the offshore Partner visa (subclass 309 and 100) and the Prospective Marriage visa (subclass 300).

This means an onshore partner visa lodged recently can be worked on before an offshore partner visa lodged years earlier. So what does this mean for you? If you applied offshore, your case may now take longer to reach a decision.

Can you get your partner visa fast-tracked or prioritised?

Yes, you can ask. Home Affairs may prioritise your Partner visa application if you can show special circumstances of a compassionate nature, with compelling reasons to depart from the normal order.

There is no guarantee. Other applicants may have equally strong circumstances, and Home Affairs says most requests for priority processing cannot be approved.

Home Affairs will only consider a priority request once you have submitted all your supporting documents. If you hold a temporary Partner visa (subclass 309 or 820), two years must pass from your application date before you are even eligible for assessment of the permanent stage.

So what does this mean for you? A priority request only has a real chance with strong evidence and a genuine compassionate reason.

Should you withdraw your offshore partner visa and apply onshore instead?

This is a hard decision, and there is no single right answer for everyone.

If you withdraw an offshore application and lodge a new one onshore, you pay the visa application charge again. You also give up the time you have already waited.

On the other hand, offshore partner visas are now a lower priority under Direction 117. It may take longer than you expect to hear back if you stay in the offshore queue.

If you are thinking about arriving on a visitor visa so you can lodge onshore, be careful. Border officials can refuse you entry, and some visitor visas carry a condition that stops you from applying for most other visas while you are in Australia.

So what does this mean for you? Get advice from a registered migration agent or immigration lawyer before you withdraw or change your visa strategy.

Can you travel overseas while your partner visa is being processed?

Your place in the queue is set by where you were when you lodged your application, not where you are right now. An onshore Partner visa can still be granted while you are temporarily overseas.

Only a Bridging visa B (BVB) lets you leave and re-enter Australia while you wait for a decision on your substantive visa.

If you depart Australia on a Bridging visa A, C or E instead, that visa ceases and you cannot use it to come back.

So what does this mean for you? Do not leave Australia on a Bridging visa A. Apply for a Bridging visa B first, so you can travel and still come home.

Current partner and parent visa processing times (2026)

Partner visa processing times

Home Affairs updates partner visa processing times every month, based on recently decided applications. It publishes two figures for each subclass: the time it takes to finalise 50% of applications, and the time it takes to finalise 90%.

Figures extracted on Thursday, August 27, 2026

Because these figures move monthly and depend on your exact application date, check the current numbers using the Department's Visa processing times guide. Select the onshore Partner visa (subclass 820/801) or the offshore Partner visa (subclass 309/100) to see the current estimate for your pathway.

So what does this mean for you? Under Direction 117, an onshore 820/801 application is likely to show a shorter processing time than an offshore 309/100 application lodged around the same time.

Parent visa processing times

Parent visas work differently. They are capped and queued, so Home Affairs publishes long-term estimates instead of monthly ranges.

As at 31 May 2026, new Contributory Parent visa applications (subclass 143 and 173) are estimated to take around 15 years to reach a final decision.

New Parent and Aged Parent visa applications (subclass 103 and 804) — the non-contributory pathway — are estimated to take around 33 years.

These are estimates only. They change with planning levels, demand, and the number of places available each year. [Source] For current queue release dates, see Parent visas – queue release dates and processing times.

So what does this mean for you? If a parent visa is your only option, plan for a very long wait, and ask about temporary alternatives while the permanent application is queued.

Can Work Visa Lawyers help?

Yes. Work Visa Lawyers can help you understand where you sit under Direction 117 and plan your next step.

We can assist with:

• Partner visa advice (onshore and offshore)
• requests for priority processing based on compassionate circumstances
• reviewing whether withdrawing and relodging onshore is the right move
• bridging visa and travel strategy
• parent and other family visa advice

Direction 117 has changed the order files are picked up in. Getting the details right in your application still matters.

Talk to an Immigration Lawyer

FAQ: Partner and Family Visa Processing Times in Australia (2026)

Why do some partner visas take longer to process than others?

Since 25 July 2026, Home Affairs has followed a new instruction, Ministerial Direction 117, which sets the order applications are worked through. It does not change who qualifies for a visa, only the order applications are considered in.

Will an onshore partner visa be processed before an older offshore application?

Usually, yes. Onshore Partner visa applications (subclass 820/801) get higher priority than offshore applications (subclass 309/100), regardless of when each was lodged.

Are parent visas processed the same way as partner visas?

No. Parent, aged parent, carer and other family visas sit further down the priority order than partner and child visas, and many are also subject to a separate queue date system.

Can I get my partner visa fast-tracked?

You can request priority processing, but you need compassionate circumstances and compelling reasons. Most requests are not approved.

If I hold a Bridging Visa B and travel, do I lose my place in the queue?

No. Your priority is set by where you were when you lodged your application. An onshore Partner visa can still be granted while you are temporarily overseas on a Bridging visa B.

How can Work Visa Lawyers help with partner visa delays?

We can review your situation, explain where your application sits in the current priority order, and help with a partner visa strategy, a priority processing request, or a bridging visa question.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

REFERENCE LIST

Family visa processing priorities — Department of Home Affairs

Partner Visa Frequently Asked Questions — Department of Home Affairs

Travel while your visa is being processed — Department of Home Affairs

Work Visa Lawyers — Partner/Family Migration service page

Understanding PIC 4020: Avoiding an Australian Visa Refusal

Every Australian visa application depends on giving accurate information. Public Interest Criterion (PIC) 4020 is the rule the Department of Home Affairs uses to stop fraud, bogus documents and misleading information. If you get this wrong, you could be barred from getting an Australian visa for years. This guide explains what PIC 4020 means, what can trigger a refusal, and what you should do next.

What is PIC 4020?

PIC 4020 requires every visa applicant to give information and documents that are genuine, accurate, and not false or misleading.

This rule does not stop at your visa application form. It can also apply to information you give in a health questionnaire, a medical examination, or any communication with a Medical Officer of the Commonwealth.

If the Department believes you provided, or caused someone else to provide, a bogus document or false or misleading information, your visa application may be refused. You can read the Department's own guidance on providing accurate information for more detail.

Why does PIC 4020 matter?

A PIC 4020 refusal is not just about losing one visa application. It can shut you out of Australia for years, even if you later become eligible for a different visa.

This is why it is critical to check every document and every answer on your application before you submit it. This includes forms completed by a migration agent, employer or education provider on your behalf. You are responsible for what is submitted in your name, even if someone else prepared it.

What may lead to a refusal under PIC 4020(2)?

The Department can refuse a visa under PIC 4020(2) for a number of reasons, including:

• providing fraudulent or bogus documents
• providing incorrect or misleading information about your educational qualifications or study history
• providing a bogus employment reference or employment letter
• providing incorrect or misleading information about your skills or employment history
• failing to disclose a previous visa refusal
• providing incorrect information about your personal circumstances

If any of these apply to your situation, it is worth reviewing your application closely before you lodge it, or before you respond to any Departmental request.

What happens if your visa is refused under PIC 4020(2)?

If your visa application is refused under PIC 4020(2), you will be barred from being granted an Australian visa for three years.

Can the three-year exclusion period be waived?

A waiver may be available in limited circumstances, including where:

• compelling circumstances affecting the interests of Australia justify granting the visa
• compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen justify granting the visa

A waiver is discretionary. This means it is assessed case by case, based on your individual circumstances. There is no guarantee a waiver will be granted, so it helps to put your strongest case forward with proper evidence.

What is PIC 4020(2A)?

PIC 4020(2A) requires you to satisfy the Minister as to your identity. While general false information triggers the three-year ban under PIC 4020(2), PIC 4020(2A) deals specifically with your identity.

An identity-related concern can arise where the Department believes you may be pretending to be another person, using a false identity, or withholding information relevant to establishing your true identity.

What may raise identity concerns?

The Department may raise an identity concern if you fail to disclose, or give incorrect information about:

• an alias, nickname or other name you are known by
• your overseas travel history
• your previous residential addresses
• another citizenship or nationality
• previous legal names, maiden names or spelling variations
• another date of birth

What happens if your visa is refused under PIC 4020(2A)?

If your visa is refused because you are unable to satisfy the Minister as to your identity under PIC 4020(2A), you will be barred for ten years from applying for any Australian visa, whether onshore or offshore. This is a much longer exclusion period than the three-year ban under PIC 4020(2), so identity-related information deserves particular care.

Have you received a Section 57 Natural Justice letter?

Before refusing a visa under PIC 4020, the Department will usually send a "Section 57 Natural Justice" letter. This letter asks you to explain any discrepancies it has identified. If you have received one of these letters, or if your visa has already been refused under PIC 4020, it is critical to seek professional migration advice immediately. How you respond can affect whether you face a three-year or ten-year exclusion, so it is important to get this right the first time.

What should you do?

If you are concerned about PIC 4020, or you have received a natural justice letter, do not respond without getting advice first.

You should check:

• whether every document in your application is genuine and accurate
• whether your education, employment and skills information is correct and consistent across all documents
• whether you have disclosed any previous visa refusals
• whether your identity details (names, dates of birth, nationalities) are consistent across every document you have submitted
• whether you have received a Section 57 natural justice letter and how much time you have to respond

If you are unsure about any of these points, or you are running out of time to respond to a Departmental letter, you should get advice as soon as possible. A PIC 4020 refusal can affect your ability to live, work or study in Australia for years.

Can Work Visa Lawyers help?

Yes. Work Visa Lawyers can help you understand your PIC 4020 risk and prepare a clear, well-evidenced response.

We can assist with:

• reviewing your visa application for PIC 4020 risks before you lodge it
• responding to a Section 57 natural justice letter
• preparing a waiver request for a PIC 4020(2) exclusion
• addressing PIC 4020(2A) identity concerns
• appealing a PIC 4020 visa refusal

PIC 4020 matters are assessed on the specific facts of your case, and the consequences of getting your response wrong can last for years. Getting advice early gives you the best chance of a good outcome.

Talk to an Immigration Lawyer

FAQ: PIC 4020 in 2026

What is PIC 4020 on an Australian visa application?

PIC 4020 is Public Interest Criterion 4020. It requires you to give information and documents that are genuine, accurate, and not false or misleading when you apply for an Australian visa. It applies to your application form, health questionnaire, and any communication with a Medical Officer of the Commonwealth.

What happens if my visa is refused under PIC 4020?

If your visa is refused under PIC 4020(2), you will be barred from being granted an Australian visa for three years. If it is refused under PIC 4020(2A) because you cannot satisfy the Minister as to your identity, the exclusion period is ten years.

Can I get a waiver for the PIC 4020 three-year ban?

A waiver may be possible if compelling circumstances affecting Australia's interests, or compassionate or compelling circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen, justify granting the visa. A waiver is discretionary, so it is assessed case by case.

What is the difference between PIC 4020(2) and PIC 4020(2A)?

PIC 4020(2) covers false, misleading or bogus information generally, and carries a three-year exclusion. PIC 4020(2A) is specifically about your identity, such as undisclosed aliases, addresses or nationalities, and carries a longer, ten-year exclusion.

What should I do if I get a Section 57 natural justice letter?

A Section 57 letter gives you a chance to explain a discrepancy before the Department decides whether to refuse your visa under PIC 4020. You should seek professional migration advice immediately, as your response can determine whether you face a three-year or ten-year ban.

How can Work Visa Lawyers help with a PIC 4020 issue?

Work Visa Lawyers can review your application for PIC 4020 risks, help you respond to a natural justice letter, prepare a waiver request, and assist with an appeal if your visa has already been refused. You can arrange an appointment to discuss your specific circumstances.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

REFERENCE LIST

• https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/providing-accurate-information

Most people do not expect a driving offence to affect their Australian visa. A minor speeding ticket may seem unrelated to immigration. But serious, repeated, or dishonest driving offences can have severe consequences for your visa status.

The Department of Home Affairs can refuse a visa application or cancel an existing visa if you do not meet the character requirements. This is especially true if the offence results in imprisonment.

What is the character requirement?Under section 501 of the Migration Act 1958, the Department can refuse or cancel your visa if you do not pass the character test. A driving offence can form part of that assessment, particularly where it involves alcohol, drugs, dishonesty, or a pattern of repeat offending.

This applies whether you are already in Australia or applying for a visa from overseas. If you have a driving offence on your record and are planning to apply for an Australian visa, the same character requirements apply to your application.

Serious Violations: Driving Under the Influence of Alcohol or Drugs and Fraud

Driving under the influence of alcohol or illicit drugs is taken very seriously in Australia because it places the community at significant risk.

Such conduct may result in prompt action by the Department of Home Affairs to cancel your visa immediately. It may also lead to the refusal of any ongoing visa application.

A high blood alcohol concentration can constitute a serious criminal offence. This can lead to immediate or mandatory visa cancellation by the Department of Home Affairs.

Similarly, falsely nominating another person for an infringement notice is a criminal offence. Transferring a fine to someone who was not responsible is fraud. It can lead to court proceedings or imprisonment. A conviction for this conduct can jeopardise temporary or permanent visas. It can also complicate future applications for Australian citizenship.

So what does this mean for you? If you are convicted of a DUI or drink/drug driving offence, or you have falsely nominated someone else for a fine, treat it as a serious immigration risk — not just a traffic matter.

Commercial and Repeated Driving Offences

Driving a taxi, hire car, or rideshare vehicle without the required accreditation, registration, or licence is an offence in every Australian state and territory.

Common examples include:

• Driving a taxi while your driver accreditation is suspended or expired
• Operating a commercial passenger vehicle without accreditation at all
• Carrying passengers for hire in a vehicle not registered or insured for that purpose

Repeated driving offences demonstrate a pattern of behaviour. The Department may view this pattern as a risk to the Australian community. If these offences come to the Department’s attention, they may refuse a pending application or cancel a current visa.

So what does this mean for you? A single minor infringement is unlikely to affect your visa on its own. A pattern of offences, especially involving unlicensed commercial driving, is far more likely to trigger scrutiny.

What About Unpaid Traffic Fines?

Unpaid fines may also create immigration complications.

Unpaid traffic fines or council parking fines may be considered outstanding debts owed to the Australian government. Most visa applications require you to have paid any outstanding government debts in full, or to have made acceptable arrangements to repay them.

If the fines have not been paid and no repayment arrangement has been made, the Department may take this into account when assessing your visa application. This may lead to a refusal.

So what does this mean for you? Before you lodge or finalise a visa application, check for any outstanding fines and either pay them or arrange a payment plan.

How Many Visas Have Been Cancelled Due To Driving Offences?

Department of Home Affairs statistics show that 213 visas were cancelled under section 501 between 1 July 2018 and 30 June 2025 related to driving offences.

Source: https://www.homeaffairs.gov.au/research-and-stats/files/character-and-general-cancellation-stats-30-jun-2025.pdf 

This data highlights a clear reality: driving-related offences are not taken lightly. Whether it is dangerous driving, repeat offences, or driving under the influence, treating road laws casually can have serious immigration consequences.

What Should You Do?

If you have a driving offence on your record, or you are worried about how it may affect a current or future visa application, take these steps:

1. Get a full record of the offence, including the charge, conviction, and sentence.
2. Check whether the offence involved alcohol, drugs, dishonesty, or repeat offending.
3. Check for any unpaid fines linked to your driving history.
4. Get advice before you lodge, renew, or respond to a visa application or a notice from the Department.

Can Work Visa Lawyers Help?

Every matter turns on its own facts — the offence, the sentence, the visa you hold, your history in Australia, and your ties here. If you have been charged or convicted of a driving offence, or you have received a notice from the Department of Home Affairs, our migration lawyers and agents can assess your position and advise on your options.

Talk to an Immigration Lawyer

Frequently Asked Questions

Can a speeding ticket affect my Australian visa?

A single minor speeding ticket is unlikely to affect your visa on its own. The Department is more concerned with serious offences, such as DUI, dangerous driving, or a pattern of repeated offences, which can raise character concerns.

Will a DUI cancel my visa in Australia?

A drink or drug driving conviction, especially with a high blood alcohol reading, can lead to immediate or mandatory visa cancellation. It can also lead to refusal of a pending application. Get legal advice as soon as possible after a DUI charge.

Do unpaid traffic fines affect a visa application?

Yes. Unpaid traffic or parking fines may be treated as outstanding debts to the Australian government. Most visa applications require these debts to be paid, or a repayment arrangement to be in place, before the Department will approve the application.

What is section 501 of the Migration Act?

Section 501 of the Migration Act 1958 gives the Department of Home Affairs the power to refuse or cancel a visa if you do not pass the character test. Serious or repeated driving offences can be considered as part of this test.

Can I get my visa back after cancellation for a driving offence?

In some cases, you may be able to apply to revoke a cancellation decision or seek a review through the Administrative Review Tribunal. Time limits apply, so you should get advice from a migration lawyer immediately after a cancellation notice.

Does a driving offence affect my Australian citizenship application?

It can. A conviction for a serious driving offence, or for fraud such as falsely nominating someone else for a fine, can affect the character assessment for a citizenship application, in the same way it affects a visa application.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and character requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

REFERENCE LIST

• Department of Home Affairs — Character and General Cancellation Statistics (30 June 2025): https://www.homeaffairs.gov.au/research-and-stats/files/character-and-general-cancellation-stats-30-jun-2025.pdf

Skilled visa processing times in Australia have changed. From 25 July 2026, new skilled visa processing priorities decide which nomination and visa applications the Department of Home Affairs looks at first.

This is set out in Ministerial Direction 119, which has replaced the previous rules in Direction 105.

If you have a skilled visa or nomination application on hand, this change may affect how soon it's considered. This guide explains the new priority order in plain English, which visas it covers, and what you should check right now.

What is Ministerial Direction 119?

A Ministerial Direction is a legal instrument. It is made under section 499 of the Migration Act 1958.

It tells Department of Home Affairs staff, called delegates, in what order to consider certain applications.

Direction 119 does not change visa eligibility criteria. You still need to meet all the normal requirements for your visa or nomination. Direction 119 only changes the order that applications are looked at.

Direction 119 was signed by Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, on 24 July 2026. It commenced the next day, on 25 July 2026.

Why are visa processing priorities important? 

Processing priority affects the order of your application in the queue. It does not guarantee that your visa will be approved.

The Government says Australia's skilled migration program should support key industries and the national interest. Under Direction 119, law enforcement and defence occupations come first. Construction, healthcare, and teaching occupations come next.

Your location matters too. Applicants already in Australia get higher priority than applicants applying from outside Australia, at every level. This affects skilled migrants everywhere, including applicants in India, Philippines, Sri Lanka, Singapore, and the United States.

Direction 119 does not set fixed visa processing times — it sets the order applications are looked at. For background on how many skilled visa places are available this year, see our guide to Australia's 2026–27 Permanent Migration Program planning levels.

Skilled visa processing priorities: the 5 levels explained

Direction 119 sets out 5 priority levels for skilled nomination and visa applications. Level 1 is considered first. Level 5 is considered last.

1. Law enforcement or defence occupation, and the applicant is in Australia.
2. Law enforcement or defence occupation, and the applicant is outside Australia.
3. Construction, healthcare, or teaching occupation, and the applicant is in Australia.
4. Any other application, and the applicant is in Australia.
5. Any other application, and the applicant is outside Australia.

So what does this mean for you? If your occupation and location match a higher level, your application should generally be looked at sooner than applications in a lower level.

Which occupations get the highest priority?

Direction 119 groups occupations into categories using Australia's official job classification system, called ANZSCO. Below are example roles for each category, not a full list.

Law enforcement and defence occupations (priority one and two)

• Police officers nominated or sponsored by the Australian Federal Police or a state or territory police force.
• Defence roles connected to the AUKUS submarine program or advanced military capability projects.
• Defence Force members nominated or sponsored by the Australian Defence Force or Department of Defence, such as commissioned and senior non-commissioned officers.

Construction, healthcare, and teaching occupations (priority three)

These 3 categories share the same priority level. Examples include:

• Construction: carpenters, electricians, civil engineers, construction managers, crane operators, and safety inspectors.
• Healthcare: nurses, doctors, psychologists, social workers, aged and disability carers, and personal care assistants.
• Teaching: school teachers, school principals, university lecturers, and child care workers.

For more on in-demand health roles, see our guide to health occupations that can lead to permanent residency in Australia.

These categories are broad. If you're unsure whether your occupation qualifies, check with an immigration lawyer or registered migration agent.

Which visa subclasses does Direction 119 cover?

Direction 119 covers 2 types of applications: nomination applications and visa applications.

Nomination applications

Direction 119 covers nomination applications for the:

• Employer Nomination Scheme (subclass 186) visa
• Regional Sponsored Migration Scheme (subclass 187) visa
• Skills in Demand (subclass 482) visa
• Temporary Skill Shortage (subclass 482) visa (closed to new applicants)
• Skilled Employer Sponsored Regional (subclass 494) visa

Visa applications

Direction 119 also covers visa applications for the:

• Employer Nomination Scheme (subclass 186) visa
• Regional Sponsored Migration Scheme (subclass 187) visa
• Skilled Independent (subclass 189) visa
• Skilled Nominated (subclass 190) visa
• Permanent Residence (Skilled Regional) (subclass 191) visa
• Skills in Demand (subclass 482) visa
• Temporary Skill Shortage (subclass 482) visa (closed to new applicants)
• Skilled Regional (Provisional) (subclass 489) visa
• Skilled Work Regional (Provisional) (subclass 491) visa
• Skilled Employer Sponsored Regional (subclass 494) visa
• Business Innovation and Investment (Permanent) (subclass 888) visa
• Skilled Regional (subclass 887) visa

If your visa isn't on either list, Direction 119 doesn't apply to you. Business and talent visas, like the National Innovation (subclass 858) visa, are covered by separate directions.

What's changed from Direction 105?

The biggest change is for the 482 visa. The Skills in Demand (subclass 482) visa is now covered by these processing priorities. While the Subclass 482 (Temporary Skill Shortage) visa was covered by Direction 105 and this likely influenced processing of SID 482 visas, SID 482 was not specifically covered under Direction 105. If you hold or are applying for a 482 visa, this is an important update for you.

Direction 119 also applies to applications made, but not yet decided, before 25 July 2026. This means an application you lodged months ago may now be considered under the new order, not the old one.

When Direction 119 doesn't apply

Direction 119 does not apply to every application. It does not apply if:

• your case was sent back by the AAT or ART for reconsideration
• the AAT or ART already set aside the decision and made a new one
• it's already clear you don't meet the visa or nomination criteria
• you're a family member applying separately from the main applicant
• your nomination is about changing employer

So what does this mean for you? If one of these applies to your case, it's assessed on its own facts. The priority order above doesn't apply.

How to check current visa processing times

Direction 119 sets the order of priority. It does not publish exact processing times.

For an estimate, use the Department's Visa Processing Times Guide. You enter your visa type, stream, and application date. The tool shows how long recently decided applications took to process. It does not guarantee your application will be finalised in that time.

This tool is updated monthly, so check back for the latest figures.

What should you do next?

If you have a skilled visa or nomination application on hand, don't assume nothing has changed for you.

You should check:

• whether your occupation falls into a priority category
• whether you're inside or outside Australia
• whether your visa subclass is listed under Direction 119
• your visa processing times using the Department's tool
• whether your application is complete and ready for a decision

If your occupation or location places you in a lower priority level, your application may take longer.

Can Work Visa Lawyers help?

Yes. Work Visa Lawyers can help you understand how Direction 119 affects your application.

We can assist with:

• Skills in Demand (subclass 482) visa applications
• Employer Nomination Scheme (subclass 186) visa applications
• Skilled Independent (subclass 189) and Skilled Nominated (subclass 190) visa applications
• Skilled Employer Sponsored Regional (subclass 494) visa applications
• reviewing your application so it's complete and ready for a decision

Processing priorities can be hard to work out for your specific case. Advice from a registered migration agent or immigration lawyer can help you understand where you stand.

Talk to an Immigration Lawyer

FAQ: Skilled Visa Processing Times and Priorities (2026)

What is Ministerial Direction 119?

Ministerial Direction 119 is a legal instrument that sets the order in which the Department of Home Affairs processes certain skilled visa nomination and visa applications. It commenced on 25 July 2026 and replaced Direction 105. It does not change visa eligibility rules.

Has Direction 105 been replaced?

Yes. Direction 105 was revoked and replaced by Direction 119 from 25 July 2026. Direction 105 had applied since 14 December 2023.

Does Direction 119 apply to the 482 visa?

Yes. The Skills in Demand (subclass 482) visa is now covered under Direction 119. This is new. It was not covered under Direction 105.

Should I apply for my visa while I'm in Australia?

Applying while you're in Australia can give you higher priority under Direction 119. But you still need to meet all visa requirements, including any condition about where you can apply from. Get advice before changing your plans.

What happens if my occupation isn't a priority occupation?

Your application is still processed. It falls into priority level 4 or 5, depending on whether you're in or outside Australia. It may take longer than a priority occupation application.

How long will my skilled visa take to process now?

Direction 119 does not publish set processing times. For an estimate based on recently decided applications, use the Department's Visa Processing Times Guide.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

REFERENCE LIST

• Ministerial Direction 119 (PDF) — https://immi.homeaffairs.gov.au/Visa-subsite/files/md-119.pdf
• Department of Home Affairs — Skilled visa processing priorities — https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/visa-processing-priorities/skilled-visa
• Department of Home Affairs — Global visa processing times guide — https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times 
• Work Visa Lawyers — Most Common Health Occupations That Can Secure PR in Australia — https://www.workvisalawyers.com.au/news/all/most-common-health-occupations-that-can-secure-pr-in-australia.html 
• Work Visa Lawyers — Australia's 2026–27 Permanent Migration Program Planning Levels — https://www.workvisalawyers.com.au/news/all/australia-s-2026-27-permanent-migration-program-planning-levels-understanding-the-australian-visa-numbers-and-permanent-residency.html