Melbourne, Australia

On 17 September 2026, Australia’s Minister for Home Affairs and Immigration announced the next stage of the Government’s migration program reforms, directed at reducing net overseas migration to 245,000 in 2026-27 and 225,000 from 2027-28. Net overseas migration for the year to March 2026 was reported at 292,100.

The measures target temporary, demand-driven pathways, in particular student, graduate, visitor and working holiday visas, together with compliance action against unlawful non-citizens. No eligibility changes were announced to the employer-sponsored program (Subclasses 482, 186 and 494), however the processing priorities that had an immediate effect on processing outcomes from July, were broadened and replaced by two separate Directions, 121 and 122. These took effect 18 September 2026.

Working Holiday Maker Program

Second and third year Working Holiday visas will move to a ballot system with annual caps of 45,000 and 5,000 places respectively, compared with approximately 57,000 and 31,000 people who qualified in the current year. Existing regional work requirements are retained.

United Kingdom passport holders remain exempt from these arrangements under the Australia-UK Free Trade Agreement.

Delays are being experienced for primary Working Holiday applications.

Visitor, Student and Graduate Visas

Condition 8503 (No Further Stay) will be imposed on all future Visitor visa grants, restricting onshore applications for most other visas. Current Visitor visa holders are not affected. The condition is expected to be added to Electronic Travel Authorities by the end of 2026.

Most new Student and Graduate visa applicants will no longer be able to include family members. Exceptions are expected for postgraduate research (including PhD) candidates and certain Pacific and ASEAN nationals. Family members already holding a dependent visa retain their status.

Course changes will be permitted only to a qualification at an equivalent or higher level, addressing repeat onshore applications described by the Government as “visa hopping”. Exemptions are limited.

From 2 October, a student visa holder applying for a further student visa must generally apply offshore.

Compliance and Immigration Advice Sector

Compliance capability will be expanded with approximately 100 additional compliance officers, 250 additional detention places and Australian Border Force field operations directed at an estimated 77,700 unlawful non-citizens.

The Code of Conduct for registered migration agents will be amended so that agents who lodge or encourage non-genuine protection claims may be sanctioned or deregistered

Processing Priority – Skilled in Demand 482 Visas

Direction 121 Purpose

Australia’s temporary skilled 482 visa program, enables employers to fill genuine skill shortages when suitably qualified Australian workers are unavailable. MD 121 assists to ensure that the skilled migration program is targeted to support key industries and strategically important occupations that are in Australia’s national interest.

The Direction provides priority processing to occupations in relation to Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing, and Resources sectors, and in Australia’s law enforcement and defence interests. It further prioritises highly skilled migrants who deliver significant economic benefits to Australia via the Specialist Skills stream. Priority in remaining sectors is afforded to primary applicants already contributing to Australia before all other applicants.

The Direction does not change the composition of the skilled migration occupation lists. Applicants must continue to meet the requirements set out in the Act and the Regulations in order to be granted a visa.

Current tier of priorities for a 482 visa against MD 121

TierMD121Factors
1Priority sectors, onshore or offshoreDetermined by ANZSCO occupation in one of the following areas: Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing, and Resources sectors, and in Australia’s law enforcement and defence interests (Priority Processing Occupations*)
2Specialist Skills streamBase salary of at least AUD$146,576
3Other onshore applicantsApplicants who applied while physically in Australia
4Offshore primary applicant, no combined family applicationApplicants offshore where no family member is included
5All other applicationsAll other applicants

Processing Priority – defined provisional and permanent visas

Direction 122 Purpose

Australia’s provisional and permanent skilled migration visa programs enable employers to attract migrant workers with the skills to make a positive contribution to the Australian community and economy. This Direction covers the following 10 Visa Subclasses.

1Employer Nomination Scheme (subclass 186)
2Regional Sponsored Migration Scheme (subclass 187)
3Skilled Independent (subclass 189)
4Skilled Nominated (subclass 190)
5Permanent Residence (Skilled Regional) (subclass 191)
6Skilled Regional (Provisional) (subclass 489)
7Skilled Work Regional (Provisional) (subclass 491)
8Skilled Employer Sponsored Regional (Provisional) (subclass 494)
9Skilled Regional (subclass 887)
10Business Innovation and Investment (Permanent) (subclass 888)

Under this Direction, priority processing is given to occupations in relation to Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing, and Resources sectors, and in Australia’s law enforcement and defence interests, ensuring the skilled migration program is targeted to support key industries and strategically important occupations that are in the national interest.

Current tier of priorities for specified provisional and permanent visas against MD 122

TierMD122Factors
1Priority sectors, onshore or offshoreDetermined by ANZSCO occupation in one of the following areas: Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing, and Resources sectors, and in Australia’s law enforcement and defence interests (Priority Processing Occupations*)
2All other visa applications where the applicant is a primary applicant who is in Australia at the time the application is madeApplicants who applied while physically in Australia
3Offshore primary applicant, no combined family applicationSingle applicant
4All other applicationsAll other applicants

What to note from MD121 & MD 122

  • Case Assessment has been re prioritised according to the new order, processing times have changed as a consequence while the Department of Home Affairs works on the backlog of cases generated by the July Directions.
  • Processing times are inconsistent but are expected to be more predictable, over time, once the processing priorities settle
  • Specialist Skills pathway for SID 482 applicants have returned as an assessment priority. Applicant location is irrelevant to the assessment (may be on or offshore at time of lodgement of an application).
  • Direction MD 119 removed the priority assessment benefit for Accredited Sponsors and has continued under the MD 121. This means, Accredited Sponsors will be subject to standard processing times unless applications slot into the new five tier structure.
  • The defined priority sectors are governed by the nominated occupation code against ANZSCO, not the sector alone.
  • The effect on Regional applications continues. The standalone priority previously given to applications connected with designated regional areas is removed.

Newland Chase Insights

Access to skilled migration pathways has not been adversely affected by these reforms. Business sponsors can continue to use employer-sponsored and skilled visas to attract and retain global talent, and the Government has expressly linked the reforms to the labour needs of construction, health care, education and primary industries. Processing timeframes remain a practical challenge, as Ministerial Direction 121 currently places most offshore-lodged skilled applications at lower priority. The Government’s commitment to honour free trade and international trade obligations, and its stated intention to extend the order of priority of processing to a wider range of industries, are positive developments for employers.

Employers should review recruitment and assignment timelines that rely on working holiday, student, graduate or visitor pathways, and consider employer-sponsored alternatives where a longer-term need exists. It is important to lodge sponsored applications as early as possible, particularly where onshore lodgement is available, and confirm the visa status of any existing workforce engaged on temporary visas. Where roles fall within the expanded priority sectors, timing decisions should be revisited once the amended Ministerial Direction is published.

Priority Processing Occupations*

TierMD 121 & MD 122Factors
1Priority sectors, onshore or offshore Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing, and Resources sectors, and in Australia’s law enforcement and defence interests (refer below) 

Construction

ANZSCO reference Occupation 
Sub-Major Group 33 Construction Trades Workers 
Sub-Major Group 82 Construction and Mining Labourers 
Unit Group 1331 Construction Managers 
Unit Group 1332 Engineering Managers* 
Unit Group 2321 Architects and Landscape Architects 
Unit Group 2332 Civil Engineering Professionals 
Unit Group 3121 Architectural, Building and Surveying Technicians 
Unit Group 3122 Civil Engineering Draftspersons and Technicians* 
Unit Group 3126 Safety Inspectors 
Unit Group 3129 Other Building and Engineering Technicians 
Unit Group 3222 Sheetmetal Workers 
Unit Group 3223 Structural Steel and Welding Trades Workers 
Unit Group 7111 Clay, Concrete, Glass and Stone Processing Machine Operators 
Unit Group 7121 Crane, Hoist and Lift Operators 
Unit Group 7212 Earthmoving Plant Operators 
341111Electrician (General)
341112Electrician (Special Class)

Healthcare

ANZSCO reference Occupation
Sub-Major Group 25 Health Professionals 
Minor Group 411 Health and Welfare Support Workers 
Unit Group 2346 Medical Scientists 
Unit Group 2721 Counsellors 
Unit Group 2723 Psychologists 
Unit Group 2725 Social Workers 
Unit Group 3112 Medical Technicians 
423111 Aged or Disabled Carer 
423312 Nursing Support Worker 
423313 Personal Care Assistant 

Teaching

ANZSCO reference Occupation 
Minor Group 241 School Teachers 
Unit Group 1341 Child Care Centre Managers 
134311 School Principal 
134411 Faculty Head* 
242111 University Lecturer 
242211 Vocational Education Teacher 
421111 Child Care Worker 

Resources sector

Means an occupation where the nominated position directly supports the exploration, extraction and production of minerals, oil and gas, or coal resources, including mine closure, decommissioning and rehabilitation activities.

ANZSCO reference Occupation 
Unit Group 2336 Mining Engineers 
Unit Group 2344 Geologists, Geophysicists and Hydrogeologists 
Unit Group 7122 Drillers, Miners and Shot Firers 
133513 Production Manager (Mining) 
232212 Surveyor 
232214 Other Spatial Scientist 
234912 Metallurgist 
323211 Fitter (General) 
323212 Fitter and Turner 
323213 Fitter-Welder 
323214 Metal Machinist (First Class) 
323299 Metal Fitters and Machinists nec 

Agriculture, aquaculture and fishing

Means an occupation where the nominated position is directly involved in primary produce production or supporting productivity, including:

  • Cultivating, producing or harvesting crops.
  • Capturing (fishing), breeding, raising, managing or producing livestock, poultry, seafood or other primary agricultural products.
  • Production support such as animal health, irrigation, quality assurance, inspection or farm supervision.
  • Slaughtering, dressing, boning, slicing, processing, preparing or inspecting those products for sale, distribution or consumption.

Law enforcement

Unit Group 4413 (Police), only where the applicant is nominated or sponsored by the Australian Federal Police or a State or Territory police force.

Defence

Means an occupation: in relation to, or supporting the delivery of:

  • AUKUS Pillar I (conventionally armed, nuclear-powered submarines); or
  • AUKUS Pillar II (advanced capability development); or
  • the applicant is nominated or sponsored by the Australian Defence Force (ADF) or the Department of Defence; or
  • the applicant has a letter of support from the ADF or Department of Defence, and one of the following applies: (A) the applicant will ordinarily be undertaking the occupation at a defence facility; or (B) the occupation supports the production or supply of defence-related materiel or technology.
  • Work relating to or supporting delivery of AUKUS Pillar I (nuclear-powered submarines) or Pillar II (advanced capability).

This alert is intended for informational purposes only and does not constitute legal advice. Please contact Newland Chase directly for case-specific guidance.