Migration Reforms Begin to Take Effect

When Home Affairs Minister Tony Burke addressed the National Press Club on 17 September 2026, he outlined a significant package of migration reforms aimed at reducing visa hopping, tightening temporary migration pathways and lowering net overseas migration.

Just weeks later, we are already seeing those announcements translate into legislative and policy change.

The first major reforms commenced on 2 October 2026, introducing substantial restrictions on further Student visa applications and limiting family inclusion in Student visa programs. At the same time, the Government has confirmed an expansion of “No Further Stay” conditions across Visitor visa pathways, with further restrictions expected to apply to Electronic Travel Authority (subclass 601) and other visitor streams from early 2027. This was announced at the Migration Institute of Australia (MIA) National Migration Conference last week.

Alongside these legislative changes, employers and visa applicants are continuing to experience slower processing times across a range of visa categories. While processing times naturally fluctuate, many businesses are reporting longer periods of uncertainty across employer-sponsored, working holiday, visitor and family visa programs.

Taken together, these developments suggest a broader shift towards a more tightly managed migration system, with greater scrutiny of temporary visa pathways and fewer opportunities for individuals to remain in Australia through successive temporary visa applications.

1. Student visa holders face new restrictions

From 2 October 2026, most Student visa holders seeking a further Student visa must now apply from outside Australia unless they fall within a limited exempt class. Family inclusion has also been significantly restricted, particularly for subsequent entrants. These changes were implemented through the Migration Amendment (Student Visa Reform) Regulations 2026, LIN 26/087 and LIN 26/102.

While these reforms are targeted at the international education sector, they will also impact many Australian employers who rely on student visa holders as part of their workforce.

2. Visitor visa pathways continue to tighten

A second key element of the Government’s reform agenda is the broader use of “No Further Stay” conditions on Visitor visas. The measure was announced as part of the September migration package and is intended to reduce the ability of temporary visitors to transition to other visa categories while remaining in Australia. We are already seeing subclass 600 visitor visas have the condition 8503 applied.

The Government has indicated that these restrictions will be rolled out progressively, including to Electronic Travel Authority (ETA) and Subclass 601 at the end of this year.

For employers, this may reduce flexibility for individuals who enter Australia as visitors and later seek to transition to another visa category while onshore.

The reforms already implemented form part of a much larger migration agenda announced by Tony Burke, which also includes:

• measures aimed at reducing “visa hopping” between temporary visa categories;
• restrictions on family members accompanying student and graduate visa holders;
• reforms to Working Holiday Maker arrangements, including proposed ballot systems;
• changes to skilled visa processing priorities;
• proposed reforms to the General Skilled Migration points test, including greater recognition of trade qualifications; and
• increased compliance and integrity measures across the migration program.

The direction of Government policy is becoming increasingly clear.

Employers should expect:

• fewer opportunities for temporary visa holders to remain in Australia by moving between temporary visa categories;
• increased scrutiny of genuine study and temporary entry intentions;
• restrictions on onshore visa options that have historically been available;
• ongoing processing delays across a range of visa programs; and
• greater reliance on proactive migration planning to secure workforce continuity.

Businesses that employ international students, working holiday makers or other temporary visa holders should review upcoming visa expiry dates now and assess whether alternative migration pathways need to be considered earlier than previously required.

The student visa reforms may be the first major legislative changes to emerge from the Minister’s September announcement, but they are unlikely to be the last.

Since the announcement, we have seen the introduction of student visa restrictions, the expansion of offshore application requirements and a broader move towards restricting onshore visa transitions. At the same time, businesses are continuing to experience slower processing across a number of visa categories, not just employer-sponsored visas.

Whether by legislative reform, policy change, compliance activity or processing priorities, the overall direction of the migration program appears increasingly focused on integrity, reducing temporary migration churn and more carefully managing pathways to permanent residence.

For employers, the message is simple: migration planning is becoming more important, options are becoming narrower, and waiting until a visa is close to expiry may significantly limit the pathways available.

If you have concerns or questions surround these migration reforms, please contact us below and one of immigration experts will be in touch within 24 hours.

Sources: National Press Club Address by Tony Burke (17 September 2026); Migration Amendment (Student Visa Reform) Regulations 2026; Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102); Migration (Class of Persons for Student Visa Applications) Instrument 2026 (LIN 26/087); Migration Institute of Australia legislative update dated 2 October 2026