Migration Reform by Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship is aimed at welcoming people to Australia who make a genuine contribution & strengthening compliance measures to ensure people without valid visas leave the country.
Migration policy alterations are designed to deliver the net overseas migration forecasts in the budget of 245,000 in this financial year and 225,000 in 2027–28.
Changes that have come into effect
- Introduction of Ministerial Directions 121 & Ministerial Direction 122 that provide a Tier-system for processing of Employer Sponsored and Skilled Migration visa pathways -effective 19 September 2026
- Introduction of Ministerial Direction 123- New Guidance for Visa Refusal and Cancellation on Character Grounds -effective 31 October 2026
Ministerial Directions 121 (MD 121) & Ministerial Direction 122 (MD 122)
Two new Ministerial Directions (Ministerial Direction 121 and Ministerial Direction 122) under S499 of the Migration Act 1958 have come into effect today 19/09/2026. Minister for Immigration Tony Burke has changed the order of processing priorities that apply across Skilled Migration Programs. This is the Minister of Home Affairs providing new instruction to the Department of Home Affairs in relation to the order for which skilled nomination and visa applications are processed.
It does not change the visa and nomination eligibility requirements.
Ministerial Direction 121 provides a 5-tier order of consideration and applies to the 482 Skills in Demand visa pathway.
Current processing times for 482 are provided below noting that the Department is transitioning and that these times are subject to change as the reprioritisation occurs.
Priority 1 – Construction, healthcare, teaching, agriculture, aquaculture, fishing and resources sectors or in Australia’s law enforcement or defence interests
Priority 2 – Visa applications from applicants in the Specialist Stream (July 2026).
Priority 3 – Visa applications from applicants who were in Australia at the time they lodged the visa application (January 2026).
Priority 4 – Visa applications where the primary applicant was outside of Australia at the time they lodged their application, and whose application is not combined with any another person’s application at any time (October 2025).
Priority 5 – All other visa from applicants who were outside Australia at the time they applied (October 2025).
Ministerial Direction 122 provides a 4-tier order of consideration and applies to the 186 and 494 Employer Sponsored Skilled Pathway as well as 187,189,190,191,489,497,887,888 Skilled Migration Program. Current processing times for 482 are provided below noting that the Department is transitioning and that these times are subject to change as the reprioritisation occurs.
Priority 1 – Construction, healthcare, teaching, agriculture, aquaculture, fishing and resources sectors or in Australia’s law enforcement or defence interests
Priority 2 – Visa applications from applicants who were in Australia at the time they lodged the visa application (February 2025).
Priority 3 – Visa applications where the primary applicant was outside of Australia at the time they lodged their application and whose application is not combined with any another person’s application at any time (July 2024).
Priority 4 – All other visa from applicants who were outside Australia at the time they applied (July 2024.
Ministerial Direction 123 (MD 123)
Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, has provided updated guidance to Department of Home Affairs, decision makers under Ministerial Direction 123 (MD 123) which is about refusing or cancelling a visa under section 501 of the Migration Act1958, or revoking a mandatory cancellation under section 501CA.
The primary considerations under Direction 123 are to combat hate and criminal behaviour with the following considerations:
- Protection of the Australian community from criminal or other serious conduct
- Better protecting victims of domestic or family violence
- Expectations of the Australian community reflecting modern Australia’s commitment to stamping out hatred
- The best interests of minor children in Australia, including better protecting children who are victims of crime
Department of Affairs Processing Times
Immigration processing times are dynamic and have always been subject to change. Any significant life decision (giving notice on your job, ending your lease, selling your house, or booking tickets to Australia) made in anticipation of receiving a visa, should be made with consideration of the risk that the visa decision and the processing times are not guaranteed.
Further Changes Announced (This is not Law yet)
- Improving the integrity of student visas by stopping visa hopping and restricting secondary applicants on most student visas. This may mean that new student visa applications will not be able to include or bring accompanying family members. Student PhD and master’s by research applicants may be exempt. This does not impact existing students visa holders who are currently in Australia with families already secondary visas.
- Introducing a No Further Stay condition to certain visitor visas to ensure they are only used by genuine visitors and not as a pathway to extending a stay in Australia.
- Changing the Working Holiday Maker Program to introduce a ballot system for 2nd and 3rd year visas for eligible applicants who have completed the regional work requirement in support of regional Australia. There is a proposed cap of 45000 grants of 2nd year visas and 5000 3rd year visas.
- The government will intend to stabilise processing times for Working Holiday Maker applications to three months.
- Changes to the General Skilled Migration program points test allocation.
We will keep you updated
Immicon Team
