February Immigration News 2026: An Anti-Immigration Party Is Rising, State Nomination Updates and the Best Australian Visas for 2026

In this February immigration update, we focus on the information that will help you plan and apply for Australian permanent residency (PR) in 2026.

This month’s key topics include:

• A significant political shift that couldimpactfuture migration settings
• The most popular employer-sponsored visas: Subclass 482 and Subclass 186
• State nomination updates for the Subclass 190 and Subclass 491
• DAMAs and regional migration pathways
• Queensland’s approach to the National Innovation Visa
• The predicted new income threshold for employer-sponsored visas

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Political Shift: The Rise of One Nation and Immigration Policy

One Nation is now recording its second-highest approval rating. This is a major political shift that could ultimately lead to a reduction in immigration. This may negatively impact the chances of many people seeking Australian permanent residency.

The Rise of One Nation

To quote the Australian Financial Review on 1 February:

“Following two weeks of Coalition infighting, first-preference support for One Nation has jumped to 26 per cent, up from 17 per cent in December. One Nation overtaking the Liberals and Nationals for the first time ….”

In the same poll, Labor was at 34 per cent.

What are the current immigration policies of One Nation?

According to their website, One Nation’s migration policies include:

• Capping visas at 130,000 per year — referring to permanent residency visas, which are currently set at 185,000 per year
• Deporting 75,000 illegal migrants
• Reintroducing Temporary Protection Visas (TPVs)
• Proposing an eight-year waiting period for citizenship and welfare eligibility

The history of One Nation began with an anti-immigration maiden speech by Pauline Hanson in 1996. There have been many ups and downs since then.

In her maiden speech, she called for multiculturalism to be abolished, with anti-multiculturalism themes continuing to the present.

One Nation is generally anti-immigration, and if it gains more popularity, this could reduce immigration in the future.

For example, major parties could adopt or move closer to One Nation policies. This previously occurred during the John Howard period.

State Nomination News: 190 and 491 Visa Updates

New South Wales 491 Visa Closed

On 19 January 2026, New South Wales opened and closed its 491 Pathway 1 and Pathway 3 on the same day due to exceptionally high demand. Many people missed out simply because they couldn’t apply quickly enough.

Is NSW selecting the best candidates or just the fastest applicants?

South Australia Invitation Rounds

South Australia is currently running invitation rounds on the first Monday of each month.

For February, South Australia invited:

• 227 applicants for the Subclass 190 visa
• 137 applicants for the Subclass 491 visa

Health professionals were the clear winners in this round.

If you are working in healthcare or an allied health occupation, South Australia may currently offer stronger prospects than some other states.

Northern Territory Closure

The Northern Territory has now closed to new applications.

According to the NT Government website:

“The NT Government has now received sufficient applications to fill the nomination allocation for the 2025–26 program year. The NT nomination portal is now closed to new applications. Applications lodged prior to the closure will continue to be assessed, with outcomes to be provided by 30 June 2026.”

We expect more states to start closing soon.

Should You Move States for State Nomination?

This is one of the most common questions we receive.

Work Visa Lawyers is cautious with this advice because every state is dealing with the same issue: large numbers of temporary visa holders competing for a relatively small number of state nomination places.

We are now well into the 2025–26 program year, which ends on 30 June 2026.

There is a real risk that you:

• Relocate
• Spend significant money
• Change jobs
• And then the state program closes shortly after

Relocating is expensive, and finding new employment takes time. Migration decisions should be strategic — not reactive.

Please book an appointment before you move states. 

Employer-Sponsored Visas: 482 and 186 Pathways

This brings us to employer-sponsored visas, such as:

• Subclass 482 (Core Skills stream)
• Subclass 186 (Employer Nomination Scheme – Permanent Residency)

If you secure a genuine job offer with strong prospects of sponsorship in your occupation, I am much more open to relocation.

At the moment, employer-sponsored visas can be a more reliable pathway than waiting for state nomination invitations.

Of course, finding an employer willing to sponsor you is not easy. We have published guidance on how to approach employers strategically and position yourself for sponsorship.

DAMAs: A Growing Alternative Pathway

We are seeing increasing interest in Designated Area Migration Agreements (DAMAs).

DAMAs are employer-sponsored migration pathways designed for specific regional areas.

Traditionally, interest was driven by:

• A broader range of eligible occupations
• Access for truck drivers, disability carers, and other critical roles
• Age concessions (particularly for applicants aged 45–55)

Increasingly, however, we are seeing applicants turn to DAMAs after years of trying — and failing — to receive invitations for the Subclass 189, 190, or 491 visas.

This is especially common for onshore applicants who are not receiving invitations and need a more realistic pathway to Australian PR.

National Innovation Visa: Queensland Focus

We are seeing strong interest in Queensland’s state nomination options under the National Innovation Visa framework.

Queensland currently offers:

• An entrepreneuroptionrequiring a $1 million investment
• An investoroptionrequiring a $5 million investment

Entrepreneurs and investors often do not fit neatly into traditional migration models. Their education may not align with their professional history, they may not suit skills assessments, and they are typically not dependent on a single employer.

The flexibility of the National Innovation Visa is what makes it so attractive.

We offer a free assessment for those wishing to explore whether this pathway could suit their circumstances.

New Income Threshold for Employer-Sponsored Visas

The new income threshold for the upcoming financial year, starting on 1 July, will be announced soon.

If the government applies a similar increase to last year (approximately 4.6%) the minimum salary requirement for employer-sponsored visas such as the Subclass 482 and Subclass 186 could rise from $76,515 to approximately $80,000.

The Australian Bureau of Statistics will publish its latest Average Weekly Earnings report on 26 February, which will provide a clearer indication of the likely increase.

If you are close to the current threshold, timing may become critical.

Hate Speech Laws and Migration Policy

Hate speech law changes have now been enacted, and we will continue to monitor how these affect migration policy, visa decision-making, and visa cancellation powers.

Planning Your Australian PR Strategy in 2026

The Australian migration landscape is becoming increasingly competitive and politically sensitive. With tighter state nomination programs, rising income thresholds and potential political shifts influencing migration caps, applicants must approach their Australian permanent residency strategy with careful planning and informed decision-making.

Key takeaways for 2026 include:

• State nomination pathways (Subclass 190 and Subclass 491) are highly competitive

• Employer-sponsored visas (Subclass 482 and Subclass 186) may offer greater certainty

• DAMAs are becoming a realistic and structured regional alternative

• Income thresholds for sponsored visas are likely to rise

• Political developments could influence future migration caps and policy settings

In this environment, relying on timing or chance is no longer sufficient. A clear, strategic migration plan — tailored to your occupation, visa history and long-term goals — is more important than ever.

Work Visa Lawyers is recognised as one of Australian’s leading immigration law firms, with extensive experience in skilled migration, employer-sponsored visas, DAMAs, partner visas, global talent, national innovation visa and complex migration matters. 

Our team of immigration lawyers and registered migration agents provides strategic advice through both in-person consultations in Adelaide and secure online consultations for clients across Australia and overseas.

If you are planning your Australian PR pathway in 2026, obtaining professional guidance early can significantly improve your prospects and reduce unnecessary risk.

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Many people planning their future in Australia are asking the same question:

Will I ever get permanent residency in Australia? 

If you are studying, working, or living in Australia on a temporary visa, you may be wondering whether permanent residency is still realistic in 2026 — or whether the system has moved out of reach.

This article looks at the real migration opportunities for 2026, using current data and practical strategies. We also address difficult but important topics, including:

• The lack of invitations for the 189 visa, 190 visa, and 491 visa

• Visa cancellations and stricter checks

• How major events, such as the Bondi Beach attack, may influence immigration processing

Our goal is to help you make smarter, more realistic decisions about your migration pathway.

How the Recent Bondi Beach Attack Is Affecting Australian Immigration Processing

We would like to begin by expressing our sincere condolences to the victims and families affected by the tragic Bondi Beach attack in December.

For people living in Australia on temporary visas, this event may have broader implications. We expect to see:

• Stricter background and character checks

• Increased visa cancellations

• Greater scrutiny across visa applications

We will address this topic in more detail in a separate article, as it deserves careful and sensitive discussion.

Are 189, 190 and 491 Visas Still Realistic in 2026?

The reduction in places for the 190 and 491 visas has caused many people to ask whether Australia is still achievable.

The answer is yes — for some people. However, the strategy has changed.

For many years, points-tested visas such as the 189 visa, 190 visa, and 491 visa were the primary goal for skilled migrants, with employer sponsorship seen as a second option. That is no longer the case.

Employer-Sponsored Visas: The Strongest Pathway in 2026

If your goal is Australian permanent residency, employer-sponsored visas are now the strongest and most realistic options in 2026.

These include:

• 482 Skills in Demand visa

• 186 Employer Nomination Scheme

• 494 Regional Employer Sponsored visa

• DAMA and Labour Agreements

Australian businesses are facing genuine skills shortages across multiple sectors and are actively seeking reliable workers. As a result, we have seen:

• A significant increase in employer-sponsored visas

• A sharp reduction in state nomination places, including the 190 visa and 491 visa

Visas such as the 482 visa provide a pathway from temporary work to permanent residency through the 186 visa and many migrants are using this pathway as the first option.

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Why State Nomination Is More Competitive Than Ever

Many people ask whether they should target states like Western Australia or Tasmania, which often appear to have more flexible criteria.

However, the reality is this:

• Tasmania has 1,850 nomination places in 2025-26 financial year

• Western Australia has 3,400 places — with 3,355 already issued 

• Combined, that is only 5,250 nominations

You are not competing against hundreds of applicants — you are competing against hundreds of thousands of skilled migrants who already have:

• Skills assessments

• English test results

• Work experience

• Active EOIs

Most applicants, no matter how qualified, will never receive an invitation.

This does not mean the General Skills Migration (GSM) program is dead — but it is highly competitive. 

Which Occupations Are Still Receiving Invitations?

Looking at invitation results from 2025, one thing is clear: Australia is inviting only where there is genuine demand.

If you are under 45 and your occupation is clearly in shortage, it may still be worth:

• Obtaining a skills assessment

• Improving your English score

• Positioning your EOI strategically

High-Demand Jobs in Australia for Skilled Migration

Occupations currently receiving invitations include:

• Construction trades (bricklayers, carpenters, electricians, plumbers, roofers)

• Construction managers

• Healthcare professionals

• Secondary school teachers

When GSM Is Not the Best Migration Pathway

Some occupations remain on the skilled lists but are not receiving invitations, including:

• Marketing specialists

• Accountants

• Cooks

• Enrolled nurses

• Software engineers

• Contract administrators

• Niche roles such as artistic directors, copywriters, and dog handlers

In these cases, GSM visas may not be your strongest pathway.

Alternative Visa Options to Consider

Instead, you should consider:

• Employer-sponsored visas

• Alternative pathways, such as partner visas if you have an Australian Citizen or Permanent Resident partner

We understand that employer sponsorship is not easy — especially if you are offshore — but thousands of applicants succeed each year, and you may be one of them.

Check our blog, “How to Find a Sponsor,” for helpful tips on how to find an Australian business to sponsor you.

Queensland National Innovation Visa (Subclass 858) – 2026 Update

Queensland has now opened nominations for the National Innovation Visa (Subclass 858).

This visa offers direct permanent residency and targets exceptionally talented individuals, including:

• Entrepreneurs

• Innovative investors

• Researchers

• Athletes

• Creatives

Permanent Residency Pathway for Individuals: 

• Up to the age of 55, or higher in exceptional cases 
• High-value entrepreneurs who commit AUD $1 million to new ventures in Queensland 
• Innovative investors who invest AUD $5 million in Queensland’s innovation ecosystem

This is one of the strongest permanent residency pathways currently available.

 
We have published a detailed guide explaining the Queensland NIV nomination process.

 
We also offer a free NIV assessment, where our team can check your eligibility.

Adelaide University Opens: What This Means for Students

Following the merger of the University of Adelaide and the University of South Australia, Adelaide University has officially opened enrolments, becoming the largest university in Australia.

This will bring:

• More international students

• Increased investment in South Australia

However, students must have a clear migration strategy before enrolling and applying for a student visa, especially if permanent residency is part of the long-term plan.

Check our blog “Best 8 courses to study in Australia to get PR”. 

Student Visa Changes for India, Nepal, Sri Lanka, Bangladesh and Bhutan

Applicants from India, Nepal, Sri Lanka, Bangladesh, and Bhutan may face increased scrutiny, as Australia has updated student visa assessment levels to strengthen integrity measures.

These changes may have been triggered by reports of widespread fraudulent degree practices. As a result, it is more important than ever for students to submit strong, well-documented applications.

Student Visa Expiry Reminder: Avoid Becoming Unlawful

We are seeing a large number of student visas expiring in March, many around the 15th.

Every year, people make the same mistake — waiting too long.

If your visa is expiring soon:

• Do not wait until the last minute

• Understand your next visa options early

• Lodge a valid application before expiry

Options may include course extensions, graduate visas, or transitions to skilled visas — but timing is critical.

How We Can Help You Plan Your Migration Strategy for Australia in 2026 

Migration to Australia in 2026 is still possible — but it requires realistic expectations, the right strategy, and early planning.

At Work Visa Lawyers, we are widely regarded as one of the best migration lawyers and one of the best registered migration agents in Adelaide, with extensive experience across skilled, employer-sponsored, and permanent residency pathways.

If you would like tailored advice based on your individual circumstances, please book an appointment and talk to our team.

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Entrepreneurs $1 Million or Investors $5 Million in Queensland for PR – National Innovation Visa (Subclass 858)

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Queensland has officially opened its National Innovation Visa (subclass 858) nomination program, a direct permanent residency pathway for:

• high-value entrepreneurs who commit AUD $1 million to new ventures in Queensland

• innovative investors who invest AUD $5 million in Queensland’s innovation ecosystem

The NIV has attractive features:

• a straight-to-permanent residency visa

• no skills assessment or points test

• age limit up to 55 or higher for those who offer exceptional benefits

Below is a simple and clear overview of what Queensland is offering, who may be eligible, and how the nomination process works.

What Is the National Innovation Visa (NIV)?

The National Innovation Visa (subclass 858) is designed for exceptionally talented individuals who can contribute to Australia’s economy, innovation, and global competitiveness, including entrepreneurs and innovative investors.

Queensland has now released specific nomination criteria for entrepreneurs and innovative investors, along with a Registration of Interest (ROI) process.

There are 4,300 NIV places available nationally until 30 June 2026, although Queensland’s state nominations will be a smaller subset of this total.

We provide clear guidance on the National Innovation Visa on our website, and you can also complete our FREE online eligibility assessment to see if this pathway may be right for you.

Why This Is Important for Queensland

This program is expected to deliver major economic benefits to the state.

For example, if Queensland were to nominate just 200 innovative investors, this could inject at least $1 billion directly into Queensland’s innovation economy, with further job creation and long-term economic growth through business expansion and commercialisation.

Queensland NIV Nomination for Entrepreneurs

Queensland is seeking established or emerging entrepreneurs who are ready to commercialise or expand an innovative product or service in Queensland.

Key eligibility requirements

To be considered for Queensland nomination as an entrepreneur, you must:

What evidence may be required

If Queensland contacts you after submitting your ROI, you may need to provide evidence such as:

Examples of strong supporting evidence include

Queensland NIV Nomination for Innovative Investors

Queensland is also nominating innovative investors who have a strong track record of supporting high-growth, innovative ventures.

Key eligibility requirements

To be considered as an innovative investor, you must:

Accepted investment structures may include

What evidence may be required

If invited to proceed, Queensland may request evidence such as:

Candidates with experience in Tier One or Tier Two high-growth priority sectors will be highly regarded.

How the Queensland Nomination Process Works

To seek Queensland Government nomination, you must:

Nomination is competitive and discretionary, and not all eligible candidates will receive an invitation.

Please note that securing Queensland nomination does not guarantee an invitation for all the grant of National Innovation Visa. 

We can assist you with submitting a Registration of Interest (ROI), the NIV Expression of Interest (EOI) and visa application if you are invited.

Entrepreneurs and investors, the wait is over!

Many were left disappointed after the Australian Government closed the subclass 188 Business Innovation and Investment visa on 1 July 2024.

This left investors with very limited options to obtain permanent residency in Australia.

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The National Innovation Visa criteria, as outlined in Direction 112, are complex, and candidates must meet the requirements set out by both the Department of Home Affairs and the Queensland Government.

Strong evidence, positioning, and alignment with Queensland’s priorities are critical.

We have detailed guidance on the National Innovation Visa available on our website, and you can also complete our FREE online eligibility assessment to check whether this pathway may be suitable for you.

If you are an entrepreneur or investor considering Queensland nomination, early planning is essential. 

For tailored advice, we recommend speaking with an experienced immigration lawyer before submitting your ROI.

Please book an appointment with our team. For earlier availability, please call our office or send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

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Sources: 

NIV Queensland Website: https://www.tiq.qld.gov.au/invest/national-innovation-visa

Department of Home Affairs NIV: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/national-innovation-visa-858

NIV Sectors: https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/national-innovation-visa

National Innovation Visa Updates

Exceptionally talented individuals such as global researchers, entrepreneurs, innovative investors, athletes, sports professionals and creatives with an internationally recognized record of exceptional achievements in their field may be eligible for the subclass 858 - National Innovation Visa or the NIV.

One of the requirements for the NIV is having a nominator who is an Australian citizen or permanent resident or an Australian organization who has a national reputation in the same field as the applicant.

Expert Australian Commonwealth, State or Territory Government agencies can also nominate for the NIV. 

Currently, only New South Wales, Victoria and South Australia has released the details of their nomination process.

State NIV nomination 

Each state has their different processes and for Victoria, the first step is to engage with  Victorian Government department/agency on your project plan. You can do this by creating a general enquiry on the Live in Melbourne website and submitting your project plan.

If you are competitive and chosen, a Victorian Government department or agency that can support your nomination will identify and refer you. This department or agency will be preparing the nomination documents.

The Victorian NIV nomination program does not require any Registration of Interest (ROI) or application process initiated by the applicant.

New South Wales and South Australia require potential applicants to submit their ROIs and if the applicant is shortlisted, for NSW, they will be invited to submit the full nomination. 

In South Australia, the applicant will be interviewed by an assessment panel of South Australian Government representatives.

If approved for state nomination, the state will then provide the applicant with the competed Form 1000.

Department of Home Affairs – Invitation rounds

The Department of Home Affairs extends invitations monthly according to NIV priority order as listed in Ministerial Directions 112. 

You can read about these priorities here.

According to the information released by the Department, for the period of July – September 2025, they received a total of 1841 EOIs and invited 122 candidates.

From the 122 invitations issued:

• Less than 5 is from Priority 1- Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards.
• 17 are from Priority 2 - Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency
• 84 are from Priority 3 - Candidates with exceptional and outstanding achievements in a Tier One sector (Critical technologies, Renewables and low emission technologies and Health industries)
• 20 are from Priority 4 - Candidates with exceptional and outstanding achievements in a Tier Two sector  (Agri-food and AgTech, Education, Defence Capabilities and Space, Financial Services and FinTech, Infrastructure and Transport and Resources.

By sector:

Tier 1

• 48 invitations were issued for those in Critical Technologies
• 15 from ​Renewables and low emission technologies
• 30 from Health Industries

Tier 2

• Less than 5 from Agri-food and AgTech 
• Less than 5 from Education
• 9 from Defence Capabilities and Space
• Less than 5 from Financial Services and FinTech
• Less than 5 from Infrastructure and Transport
• Less than 5 from Resources

And there were 8 from the Sports and Arts.

If you want to check if you are eligible for the NIV, you can complete our free NIV assessment form here.

You just might be one of the brightest, best and fairest talent Australia is looking for.

Australia’s National Innovation Visa (NIV) – Subclass 858 is designed to attract talented entrepreneurs, researchers, and business people from around the world to contribute to the country’s innovation-driven economy.

The NIV is an Australian permanent residency visa for internationally recognised individuals with exceptional talent. If the applicant receives nomination for the NIV from a state or territory, their chances of getting invited for the National Innovation Visa increase.

South Australia and New South Wales have now published their criteria for the National Innovation Visa (NIV) – Subclass 858, previously known as the Global Talent Visa.

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Why State Nomination Can Help You Secure a National Innovation Visa Invitation Faster

If a state or territory nominates you, you will have a better chance of being invited for the National Innovation Visa.

Under Ministerial Direction 112, those nominated by a state receive the second-highest priority. The highest priority is for those considered as global experts and international prize winners, such as Nobel Prize recipients.

The South Australian criteria include being able to demonstrate benefit to the South Australian economy and the ability to create jobs.

National Innovation Visa – South Australia State Nomination Criteria

South Australia is open, meaning you can apply for state nomination.

The South Australian criteria include the opportunity to provide evidence of current employment in South Australia, or a job offer with a salary at or above the Fair Work High Income Threshold (AUD).

The document checklist also includes the option of a support letter from a South Australian State Government agency referring you to submit a National Innovation Visa Registration of Interest (ROI) application.

So, having connections to South Australia is an advantage.

South Australia also rules out some types of investment activities, including cafés and restaurants, consulting firms, franchises, and buying existing businesses as these are not considered as ‘innovative’

South Australia has a Registration of Interest system (ROI). If your application progresses, you will be contacted by South Australia. 

 
Their assessment process will include a panel interview of candidates.

National Innovation Visa – New South Wales State Nomination Criteria

The New South Wales criteria focus strongly on demonstrating benefits to New South Wales.

• For the Entrepreneur Pathway – New South Wales wants "innovative and scalable business ventures with high growth potential for NSW".

• For the Investor Pathway – New South Wales wants "innovative ventures, contributing to their success and the growth of the innovative ecosystem in NSW".

New South Wales will have their own seven-stage Expression of Interest (EOI) process. 
This will include, in stage 4, New South Wales seeking independent expert endorsement.

The New South Wales Government recently gave a presentation where they explained what the NIV is not for:

• Not for passive investment

• Not part of the Business Innovation and Investment Program (BIIP)

• Not for vague or unsubstantiated ideas

Practical Considerations

For those seeking state nomination, the NIV will now be a 3-stage process:

1. State Nomination

2. Department of Home Affairs (DHA) Expression of Interest (EOI) – then, if invited

3. Visa application

Which State is Best for NIV Nomination?

The short answer: if you have a proven business track record or a collaboration lined up in a state, then that is the best state for you.

If you don’t have an existing relationship or collaboration with a state, it’s the perfect time to begin making that connection.

Complete our FREE National Innovation Visa assessment, where we can check your eligibility or contact us for more information. 

We will share more updates on the NIV soon, including the nomination allocations for the new financial year once they are  released.

Share this blog if you know someone who is highly talented and who will be a good fit for the National Innovation Visa

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Sources: 

https://www.migration.sa.gov.au/news-events/national-innovation-visa-nominations-open-high-performing-individuals

https://www.workvisalawyers.com.au/images/PDF/National_Innovation_Visa_Criteria_NSW.pdf