Insights & Advice from Phoenix Law & Associates
Overview
On 2 September 2025, the Australian Government confirmed the settings for the 2025-26 Permanent Migration Program, keeping the total number of places at 185,000, the same as in 2024-25. (Immigration and citizenship Website)
Here’s how those 185,000 places are allocated:
| Stream | Places for 2025-26 | % of Total |
| Skill stream | 132,200 | ~71% |
| Family stream | 52,500 | ~28% |
| Special Eligibility | 300 | very small portion |
A more detailed breakdown by visa category:
| Skill Stream Category | 2024-25 | 2025-26 |
| Employer Sponsored | 44,000 | 44,000 |
| Skilled Independent | 16,900 | 16,900 |
| Regional | 33,000 | 33,000 |
| State/Territory Nominated | 33,000 | 33,000 |
| Business Innovation & Investment | 1,000 | 1,000 |
| Talent & Innovation (new) | – | 4,300 |
| Global Talent (Independent) | 4,000 | – |
| Distinguished Talent | 300 | – |
| Family Stream Category | 2024-25 | 2025-26 |
| Partner | 40,500 | 40,500 |
| Parent | 8,500 | 8,500 |
| Child | 3,000 | 3,000 |
| Other family | 500 | 500 |
Special Eligibility remains at 300 places.
Key Changes & New Features
- Introduction of the National Innovation Visa (NIV):
The Talent & Innovation category has been bolstered with 4,300 places in 2025-26. This reflects the government’s push to attract high-calibre individuals to innovation-driven sectors. The NIV replaces or subsumes the previous Global Talent and Distinguished Talent visas for new applicants. - No Increase in Total Program Size:
The overall planning level remains at 185,000, matching the previous year. The government, after consultation with states and territories, decided stability in numbers and composition was preferred. - Focus on Skilled Migration Remains Strong:
The Skills stream still receives about 71% of permanent migration places. Emphasis is on employer-sponsored visas, regional migration, and state/territory-nominated visas. - Family Visas Remain Demand-Driven:
While planning levels are set, the Partner and Child visa categories are largely demand-driven, which means timing, proper preparation of documents, and having applications ready can make a difference.
What This Means for Applicants & Stakeholders
At Phoenix Law & Associates, we see several implications from the 2025-26 planning levels:
- Greater Opportunity in Innovation & Talent:
If you are someone with a strong international reputation, achievements in research, arts, sports, or emerging entrepreneurship, the National Innovation Visa may offer an advantageous pathway. Because it is invitation-based and has strict criteria (see below), strong documentation and early planning are essential. - Regional & State Nomination Visas Remain Important:
For many skilled migrants, obtaining state or territory nomination or going through regional visa programs can increase chances of success, or provide lower points thresholds. These categories continue to be a major portion of the skill stream. - Family Visa Applicants Should Prepare Early:
Even though partner and child visa quotas are stable, because these categories are demand-driven, delays or death can have bigger consequences. Ensuring that applications are ready, complete, and in line with requirements will help avoid unnecessary waiting. - Competitive Pressure Persists for Certain Categories:
In visa categories where places are limited (e.g., skilled independent, the new NIV), or where many people apply, competition remains high. That means meeting (or exceeding) eligibility criteria and submitting complete, compelling applications will be more crucial than ever. - Stable Environment For Planning:
Keeping the same numbers as the previous year gives some predictability for individuals, employers, education institutions, and state governments. Stakeholders can plan ahead with less risk of sudden shifts.
National Innovation Visa: More Detail
Because this is one of the newer / restructured parts of the program, here are key points about NIV to note:
- It is a permanent visa (Subclass 858). It serves to attract exceptionally talented migrants globally.
- Applicants must be invited before they apply. Expressing interest is not enough on its own.
- Priority sectors are defined. For example:
- Tier One: Critical technologies, health industries, renewables and low emission technologies.
- Tier Two: Agri-food & AgTech; Defence capabilities & space; Education; Financial services & FinTech; Infrastructure & transport; Resources.
- Indicators of exceptional/outstanding achievement include things like:
- Top-of-field awards
- PhDs with high academic influence
- International recognition or grants
- Recommendation by expert agencies
Risks or Constraints to Be Aware Of
- Even though places are allocated, having a place doesn’t guarantee a visa will be granted — the applicant must still meet all eligibility criteria and be approved through the processing system.
- Processing times may vary depending on demand, document readiness, and complexity of the application.
- While the Innovation visa opens new opportunities, because it is highly selective and invitation-only, many eligible individuals may still wait or be edged out by stronger applicants.
Advice & Strategic Takeaways
- Get expert assessment early. Especially for those aiming for the NIV or other competitive skill visa streams, having an assessment of your credentials, achievements, and documentation is crucial well ahead of applying.
- Consider state or regional pathways. Even if your occupation is not in the highest demand nationally, sometimes state or regional nomination can significantly improve odds.
- Align with priority sectors. If possible, highlight how your work aligns with critical technologies, health, renewables, etc., especially if going for NIV.
- Ensure documentation is top quality. Letters of recommendation, evidence of achievement, metrics (publications, awards, etc.), all count. Be precise and thorough.
- Plan for family migration too. If family visas are part of your plan, ensure you are ready with everything, because even though the planning levels are set, delays or missing documents can push timelines out.
What Phoenix Law & Associates Can Do for You
At Phoenix Law & Associates, we specialise in helping individuals and employers navigate Australia’s migration system, particularly with:
- Eligibility assessments for various skilled and innovation-based visas
- Assistance preparing invitation-based visa applications (like NIV)
- State/territory nomination strategy
- Family visa applications and ensuring demand-driven visas are correctly prepared
- Staying up to date with policy and planning level changes, so we can advise clients on timing and strategy
If you’d like help understanding which visa category is right for you under the 2025-26 program, or want us to assess your credentials against the NIV or other streams, please feel free to reach out.
Disclaimer: This article is for general informational purposes only. Migration law is complex and subject to change. Phoenix Law & Associates recommends obtaining personalised legal advice tailored to your individual circumstances.
PHOENIX LAW & ASSOCIATES multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #SkilledMigration #immigrationaustralia #Australia’sPermanentMigration
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