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.
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.
