On 17 September 2026, Home Affairs Minister Tony Burke announced the biggest set of new migration rules for Australia this year. He outlined changes across six groups, including unlawful non-citizens, students, tourists, backpackers, skilled migrants and migration agents.
The announcement was prompted by new population data on net overseas migration, which is the difference between people arriving and leaving long-term. The Australian Bureau of Statistics released figures the same morning showing that net overseas migration was at 292,100 for the year to March 2026, down 5.6% from 309,500 the year before.
The government wants to bring the number down to 245,000 in 2026–27, then to 225,000 a year from 2027–28. These numbers also feed into the PR visa backlog we've covered before.
Key takeaways:
- New migration rules affect working holiday makers, students, tourists, skilled visa applicants, migration agents and visa overstayers.
- Most changes apply to future visa grants only, not people already on a visa.
- Many details, including start dates, are still to be confirmed by the Department of Home Affairs.
- If a change affects your visa plans, get advice before you act, not after.
At a glance: Who is affected
| If you're... |
What's changing |
What to do now |
| Applying for a visitor visa and considering an onshore partner visa |
A “no further stay” condition will block onshore applications on new visitor visas |
Get advice before your current visa is renewed or a new one is granted |
| A second or third-year Working Holiday Maker applicant |
A new ballot system is being introduced and places are being cut (57,000 down to 45,000 and 31,000 to 5,000) |
Enter the ballot as soon as it opens rather than assuming you'll get a place |
| A student or graduate planning to bring a partner or children |
New visa grants won't allow secondary applicants |
If you haven't applied yet, plan family arrangements before you do |
| A skilled visa applicant with a trade qualification |
Trade qualifications may soon score like a university degree under the new points test |
Get your occupation and points reassessed once the new test is confirmed |
| An employer sponsoring skilled workers |
The priority processing list is expanding to more sectors |
Check your occupation's priority status before setting hiring timelines |
| Currently overstaying a visa |
Enforcement is tightening, with more compliance officers and detention capacity |
Regularise your status now, before enforcement ramps up |
A quick word on timing
These changes were announced through ministerial direction and regulation, not new legislation, so they can move quickly. But “announced” isn't the same as “in effect”. Check your specific situation with a professional.
Working holiday visas move to a ballot
A ballot is a random draw used to allocate a limited number of visa places, and it's now being introduced for second and third year Working Holiday Maker visas (subclass 417/462). The regional work requirement hasn't changed (it’s still 88 days for a second-year visa and six months for a third).
What has changed, though, is the numbers. The second-year ballot will be capped at 45,000 places, down from 57,000 this year. The third-year ballot will drop much further, from around 31,000 places to just 5,000.
Processing is also returning to normal speed for applicants who have already met their regional work requirement, except for those from the UK, whose growing numbers (from 17,000 before COVID to around 80,000 onshore now) mean the government is keeping their processing slower for now.
A “no further stay” condition on visitor visas
Condition 8503, or “no further stay,” stops a visa holder from applying for most other visas while they're in Australia. From now on, it will be attached to all new visitor visa grants, so tourists on a fresh visitor visa generally won't be able to lodge an onshore application, including an onshore partner visa, without leaving the country first.
Visitor visas already granted, and anyone already holding one, aren't affected. The government says the change is meant to make the system fairer for genuine visitors from all countries, and that offshore partners should find it easier to get longer visitor visas to spend time with their partner in Australia instead.
If you're offshore and thinking about visiting a partner in Australia, or you're already here on a visitor visa and considering an onshore partner visa, it’s a good idea to discuss this with an immigration lawyer before you apply for anything. It's the kind of condition that's easy to misjudge from a form and hard to undo once it's attached.
Matilda Tip: If you're on a visitor visa and considering an onshore partner visa application, get advice before your current visa is renewed or a new one is granted. Once condition 8503 is attached, your options narrow quickly.
Student and graduate visas: No more automatic family members
The student visa changes for Australia are among the broadest of the reforms. Most new student (subclass 500) and graduate (subclass 485) visa grants will no longer allow a partner or children to be added as secondary applicants.
If you're already in Australia with family on your student visa, this doesn't affect you. Students from Pacific and ASEAN nations, and anyone studying a PhD, are also exempt.
Course transfers are being tightened as well. If you’re switching sideways or down to a lower-tier provider, you’ll need a new visa application, which is already how condition 8202 works in practice. But moving up the qualification ladder, such as from a bachelor's degree to a master's, is still fine.
The skilled migration points test: Trades now score like a degree
The skilled migration points test is the scoring system used to rank applicants for visas like the Skilled Independent (subclass 189). It's being redesigned so that trade qualifications in areas like housing and construction score points broadly in line with a university degree.
Ministerial Direction 119, which sets processing priority, is also being updated to add agriculture and resources and fisheries alongside the sectors already prioritised (which are healthcare, construction, education, law enforcement, defence, agriculture and aquaculture).
Since the redesigned points table hasn’t been published yet, nobody can say precisely how many points a trade qualification will be worth relative to a degree (only that the two are converging).
Treat any points estimate run before the new test is finalised as a floor rather than a ceiling. If you’re sitting just below the invitation cut-off for your occupation, it’s often a good idea to hold your application rather than lodging under the current test, since a stronger trade-qualification score could be the difference between an invitation round and another 12months of waiting.
If your visa pathway runs through employer sponsorship rather than points, our employer-sponsored visa guide covers the current process end to end.
Given how often priority lists shift, we recommend having a registered migration agent confirm exactly where your occupation and pathway sit before you commit to timelines.
Migration agents and visa overstayers
The Minister flagged further sanctions for “rogue” migration agents who knowingly support applications that don't have merit, on top of the existing OMARA code of conduct. Separate character-and-conduct rules under Ministerial Direction 110 are being updated to strengthen protections for child and family violence victims.
On enforcement, the government is returning to a pre-2015 approach for the roughly 77,000 estimated visa overstayers. This involves detention followed by a voluntary departure window of a few weeks, backed by 100 additional compliance officers and 250 extra detention beds. Officials have been clear this isn't meant to be raid-style enforcement, and it doesn't apply to people who are still within a valid visa or bridging visa.
Frequently Asked Questions
Does the “no further stay” condition affect a visitor visa I already have?
No. Condition 8503 only applies to visitor visas granted from 17 September 2026 onward. If you already hold a visitor visa, or one was granted before that date, this change doesn't apply to it.
Will the Working Holiday Maker ballot affect my first-year visa?
No. The ballot applies to second and third year Working Holiday Maker visas only. First-year eligibility and country caps haven't changed as part of these reforms.
I'm already in Australia on a student visa with my partner as a secondary applicant. Does this affect us?
No. The government has confirmed that anyone already in Australia with a secondary applicant attached to their student or graduate visa is not affected. The change applies to new visa grants from now on.
What is net overseas migration, and why does it matter for visa planning?
Net overseas migration is the difference between the number of people arriving in Australia long-term and the number leaving. The government uses it to set migration planning levels, so when the target drops, so does pressure on visa caps, ballots and processing priorities across the system.
When do these changes take effect?
Most measures are being introduced through ministerial direction and regulation rather than legislation, which means they can start quickly, but the Department of Home Affairs hadn't published exact start dates for several measures as of this article's publication. Confirm current settings on the Working Holiday Maker program page or with a registered migration agent before relying on any specific date.
What this means for you
For a programme moving this quickly, it’s particularly important to seek advice before applying for a visa. Our lawyers handle partner and family visas day to day and are already factoring the condition 8503 changes into how we advise offshore and onshore couples.
Our registered migration agents work through what the skilled migration and priority-processing changes mean for employer-sponsored and points-tested applications.
If one of these changes affects a visa you're planning or already have underway, talk to us before you submit anything. Getting the sequencing right, especially around visitor visas and onshore applications, is far easier before a visa is granted than after.
Not sure how these changes affect your situation? Get in touch with our team and we’ll walk through what it means for your visa plans before you commit to anything.
This is general information, not migration advice. Speak with a registered migration agent or immigration lawyer about how these changes apply to your circumstances.
On 17 September 2026, Home Affairs Minister Tony Burke announced the biggest set of new migration rules for Australia this year. He outlined changes across six groups, including unlawful non-citizens, students, tourists, backpackers, skilled migrants and migration agents.
The announcement was prompted by new population data on net overseas migration, which is the difference between people arriving and leaving long-term. The Australian Bureau of Statistics released figures the same morning showing that net overseas migration was at 292,100 for the year to March 2026, down 5.6% from 309,500 the year before.
The government wants to bring the number down to 245,000 in 2026–27, then to 225,000 a year from 2027–28. These numbers also feed into the PR visa backlog we've covered before.
Key takeaways:
- New migration rules affect working holiday makers, students, tourists, skilled visa applicants, migration agents and visa overstayers.
- Most changes apply to future visa grants only, not people already on a visa.
- Many details, including start dates, are still to be confirmed by the Department of Home Affairs.
- If a change affects your visa plans, get advice before you act, not after.
At a glance: Who is affected
| If you're... |
What's changing |
What to do now |
| Applying for a visitor visa and considering an onshore partner visa |
A “no further stay” condition will block onshore applications on new visitor visas |
Get advice before your current visa is renewed or a new one is granted |
| A second or third-year Working Holiday Maker applicant |
A new ballot system is being introduced and places are being cut (57,000 down to 45,000 and 31,000 to 5,000) |
Enter the ballot as soon as it opens rather than assuming you'll get a place |
| A student or graduate planning to bring a partner or children |
New visa grants won't allow secondary applicants |
If you haven't applied yet, plan family arrangements before you do |
| A skilled visa applicant with a trade qualification |
Trade qualifications may soon score like a university degree under the new points test |
Get your occupation and points reassessed once the new test is confirmed |
| An employer sponsoring skilled workers |
The priority processing list is expanding to more sectors |
Check your occupation's priority status before setting hiring timelines |
| Currently overstaying a visa |
Enforcement is tightening, with more compliance officers and detention capacity |
Regularise your status now, before enforcement ramps up |
A quick word on timing
These changes were announced through ministerial direction and regulation, not new legislation, so they can move quickly. But “announced” isn't the same as “in effect”. Check your specific situation with a professional.
Working holiday visas move to a ballot
A ballot is a random draw used to allocate a limited number of visa places, and it's now being introduced for second and third year Working Holiday Maker visas (subclass 417/462). The regional work requirement hasn't changed (it’s still 88 days for a second-year visa and six months for a third).
What has changed, though, is the numbers. The second-year ballot will be capped at 45,000 places, down from 57,000 this year. The third-year ballot will drop much further, from around 31,000 places to just 5,000.
Processing is also returning to normal speed for applicants who have already met their regional work requirement, except for those from the UK, whose growing numbers (from 17,000 before COVID to around 80,000 onshore now) mean the government is keeping their processing slower for now.
A “no further stay” condition on visitor visas
Condition 8503, or “no further stay,” stops a visa holder from applying for most other visas while they're in Australia. From now on, it will be attached to all new visitor visa grants, so tourists on a fresh visitor visa generally won't be able to lodge an onshore application, including an onshore partner visa, without leaving the country first.
Visitor visas already granted, and anyone already holding one, aren't affected. The government says the change is meant to make the system fairer for genuine visitors from all countries, and that offshore partners should find it easier to get longer visitor visas to spend time with their partner in Australia instead.
If you're offshore and thinking about visiting a partner in Australia, or you're already here on a visitor visa and considering an onshore partner visa, it’s a good idea to discuss this with an immigration lawyer before you apply for anything. It's the kind of condition that's easy to misjudge from a form and hard to undo once it's attached.
Matilda Tip: If you're on a visitor visa and considering an onshore partner visa application, get advice before your current visa is renewed or a new one is granted. Once condition 8503 is attached, your options narrow quickly.
Student and graduate visas: No more automatic family members
The student visa changes for Australia are among the broadest of the reforms. Most new student (subclass 500) and graduate (subclass 485) visa grants will no longer allow a partner or children to be added as secondary applicants.
If you're already in Australia with family on your student visa, this doesn't affect you. Students from Pacific and ASEAN nations, and anyone studying a PhD, are also exempt.
Course transfers are being tightened as well. If you’re switching sideways or down to a lower-tier provider, you’ll need a new visa application, which is already how condition 8202 works in practice. But moving up the qualification ladder, such as from a bachelor's degree to a master's, is still fine.
The skilled migration points test: Trades now score like a degree
The skilled migration points test is the scoring system used to rank applicants for visas like the Skilled Independent (subclass 189). It's being redesigned so that trade qualifications in areas like housing and construction score points broadly in line with a university degree.
Ministerial Direction 119, which sets processing priority, is also being updated to add agriculture and resources and fisheries alongside the sectors already prioritised (which are healthcare, construction, education, law enforcement, defence, agriculture and aquaculture).
Since the redesigned points table hasn’t been published yet, nobody can say precisely how many points a trade qualification will be worth relative to a degree (only that the two are converging).
Treat any points estimate run before the new test is finalised as a floor rather than a ceiling. If you’re sitting just below the invitation cut-off for your occupation, it’s often a good idea to hold your application rather than lodging under the current test, since a stronger trade-qualification score could be the difference between an invitation round and another 12months of waiting.
If your visa pathway runs through employer sponsorship rather than points, our employer-sponsored visa guide covers the current process end to end.
Given how often priority lists shift, we recommend having a registered migration agent confirm exactly where your occupation and pathway sit before you commit to timelines.
Migration agents and visa overstayers
The Minister flagged further sanctions for “rogue” migration agents who knowingly support applications that don't have merit, on top of the existing OMARA code of conduct. Separate character-and-conduct rules under Ministerial Direction 110 are being updated to strengthen protections for child and family violence victims.
On enforcement, the government is returning to a pre-2015 approach for the roughly 77,000 estimated visa overstayers. This involves detention followed by a voluntary departure window of a few weeks, backed by 100 additional compliance officers and 250 extra detention beds. Officials have been clear this isn't meant to be raid-style enforcement, and it doesn't apply to people who are still within a valid visa or bridging visa.
Frequently Asked Questions
Does the “no further stay” condition affect a visitor visa I already have?
No. Condition 8503 only applies to visitor visas granted from 17 September 2026 onward. If you already hold a visitor visa, or one was granted before that date, this change doesn't apply to it.
Will the Working Holiday Maker ballot affect my first-year visa?
No. The ballot applies to second and third year Working Holiday Maker visas only. First-year eligibility and country caps haven't changed as part of these reforms.
I'm already in Australia on a student visa with my partner as a secondary applicant. Does this affect us?
No. The government has confirmed that anyone already in Australia with a secondary applicant attached to their student or graduate visa is not affected. The change applies to new visa grants from now on.
What is net overseas migration, and why does it matter for visa planning?
Net overseas migration is the difference between the number of people arriving in Australia long-term and the number leaving. The government uses it to set migration planning levels, so when the target drops, so does pressure on visa caps, ballots and processing priorities across the system.
When do these changes take effect?
Most measures are being introduced through ministerial direction and regulation rather than legislation, which means they can start quickly, but the Department of Home Affairs hadn't published exact start dates for several measures as of this article's publication. Confirm current settings on the Working Holiday Maker program page or with a registered migration agent before relying on any specific date.
What this means for you
For a programme moving this quickly, it’s particularly important to seek advice before applying for a visa. Our lawyers handle partner and family visas day to day and are already factoring the condition 8503 changes into how we advise offshore and onshore couples.
Our registered migration agents work through what the skilled migration and priority-processing changes mean for employer-sponsored and points-tested applications.
If one of these changes affects a visa you're planning or already have underway, talk to us before you submit anything. Getting the sequencing right, especially around visitor visas and onshore applications, is far easier before a visa is granted than after.
Not sure how these changes affect your situation? Get in touch with our team and we’ll walk through what it means for your visa plans before you commit to anything.
This is general information, not migration advice. Speak with a registered migration agent or immigration lawyer about how these changes apply to your circumstances.
Niamh Mooney, LPN 5515274
Niamh is a qualified lawyer and has spent the last four years running businesses. She’s a first generation migrant from Ireland and has experienced the benefits of Australia’s skilled migration program first hand.
Employer sponsored visas
Which visas do you process?
Our team is able to support clients with a variety of visa applications including:
Partner visa: Subclass 820 and 801 (onshore) or 309 and 100 (offshore)
Student visa: Subclass 500
Temporary graduate visa: Subclass 485
Employer sponsored visa: Subclass TSS482
Skilled independent visa: Subclass 189
Business innovation and investment visa: Subclass 188
We’re also able to assist with applications for Australian Citizenship.
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