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. 

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

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