2026–27 MIGRATION – July 1st – A New Year, new allocation, new costs
Today is the first day of the 2026–27 Migration Programme — the annual allocation of permanent places confirmed in the May Budget. The headline total of 185,000 places is unchanged from last year, but the composition behind that number has shifted in ways that will be felt immediately by anyone planning an offshore application.
Employer-sponsored migration is the standout winner Visa application charges (VACs) are reviewed annually and, as in most years, are expected to rise across the majority of subclasses from today under standard indexation — historically in the order of 3 to 5 per cent,
185,000 TOTAL PERMANENT PLACES
129,590 ONSHORE ALLOCATION
55,110 OFFSHORE ALLOCATION
58,040 EMPLOYER-SPONSORED PLACES
How Phoenix Law & Associates Can Assist
Phoenix Law & Associates advises employers, skilled applicants, and families across the full migration spectrum, and we are actively assisting clients through this year’s particularly dense 1 July reset. For SKILLED APPLICANTS, it means strategic advice on EOI timing in light of the foreshadowed Points Test review. For FAMILIES, it means ensuring that applications lodged under the new financial year’s charges are genuinely decision-ready, not simply lodged in haste.
Employer-sponsored migration is the standout winner of this reset: the allocation has grown substantially year-on-year, reflecting the Government’s stated preference for channelling permanent places toward people already contributing to the Australian workforce.
Regional visa allocations, by contrast, have been reduced significantly for 2026–27, a reallocation that regional employers and Subclass 494 hopefuls should factor directly into planning rather than assuming continuity with last year’s settings.
For skilled independent applicants, today also marks the point at which SkillSelect resets under the new programme year’s allocations, following the final, typically highest-volume invitation round of the outgoing year. Applicants who missed that round, or who are newly entering the points test pool, are now competing for places under a freshly opened — and differently sized — annual cap.
Family-stream applicants – Higher Charges, Same Evidentiary Bar
Nothing about today’s changes lowers the evidentiary expectations the Department set out in its April 2026 Partner Processing Newsletter, or alters the queue-driven reality of the Parent visa programme following its move to online lodgement under LIN 26/005. What changes is the cost of getting it wrong. With Partner and Contributory Parent visa charges already among the highest in the system and rising further from today, a refused or technically invalid application is now an even more expensive mistake to make twice.
For clients who were close to lodgement-ready before 30 June, the calculus was straightforward: a complete, well-evidenced application lodged under the old charge was preferable to a rushed one lodged under the new charge purely to save money. For clients lodging from today onward, the message has not changed — the Department’s expectation remains that the application is decision-ready from the outset, regardless of what it costs to get there.
What Today Does Not Settle
Several developments flagged in the May Budget remain unresolved as the new financial year opens, and applicants should not assume that today’s changes are the only ones coming this programme year.
› The Points Test review. A formal consultation paper is expected later in 2026, with draft legislation foreshadowed by year-end. The scoring matrix in force today is not guaranteed to survive the year.
› The Subclass 407 Training visa’s nomination-first process, already in effect since March 2026, continues to add lead time to graduate-rotation and training programmes — a structural change employers should already have built into recruitment timelines, not a future one.
› The Occupation Standard Classification for Australia (OSCA) consultation, which may eventually reshape how occupations are defined on skilled migration lists, remains under review.
› The arrival control determination power introduced by the Migration Amendment (2026 Measures No. 1) Act, which allows the Minister to pause entry for defined groups of temporary visa holders, remains live and unaffected by today’s changes — a reminder that holding a valid visa is no longer, by itself, a guarantee of entry.
Visa review – charges – The Cost of Almost Everything Has Moved
Visa application charges (VACs) are reviewed annually and, as in most years, are expected to rise across the majority of subclasses from today under standard indexation — historically in the order of 3 to 5 per cent, though the Department’s confirmed figures for individual subclasses are published progressively and applicants should check the current Visa Pricing Estimator before lodging rather than relying on last year’s number.
This indexation lands on top of several targeted, above-CPI increases that have already taken effect earlier in 2026 — most notably the Subclass 485 (Temporary Graduate) base application charge, which rose to $4,600 for a primary applicant from 1 March 2026. Family-stream charges, including the Partner visa charge (sitting at approximately $9,365 for the main applicant prior to today’s indexation) and the Contributory Parent visa charge, are among the highest in the system and will move further from today.
Separately, fees for review applications to the Administrative Review Tribunal — the body that hears appeals against visa refusals, cancellations, and sponsorship and nomination refusals — also increase from today. For clients who have received an adverse decision and are weighing whether to seek review, the cost of doing so has gone up alongside everything else.
“The charge that applies to your application is fixed at the moment you lodge and pay — not when you started preparing, not when you sought advice, and not when a decision is made. For anyone who was ready to lodge in June and chose to wait, that decision now has a price attached to it.”
How Phoenix Law & Associates Can Assist
Phoenix Law & Associates advises employers, skilled applicants, and families across the full migration spectrum, and we are actively assisting clients through this year’s particularly dense 1 July reset. For SKILLED APPLICANTS, it means strategic advice on EOI timing in light of the foreshadowed Points Test review. For FAMILIES, it means ensuring that applications lodged under the new financial year’s charges are genuinely decision-ready, not simply lodged in haste.
Every 1 July brings a degree of routine recalibration to Australia’s migration system. This year’s recalibration is denser than most, and it arrives on top of a year that has already delivered a new character-test framework, a new arrival control power, and a digitised Parent visa pathway. None of these changes, taken alone, is insurmountable. Taken together, and arriving on the same day, they reward clients who plan ahead and penalise those who do not.
If you have a sponsored employee, a pending application, or a strategic decision to make in light of today’s changes, we encourage you to contact our office for tailored advice.
Disclaimer: This article is intended as general legal information only and does not constitute legal advice. Some figures referenced — particularly visa application charges outside the confirmed CSIT, SSIT, and TSMIT indexation — reflect standard annual indexation patterns and may be subject to final confirmation by the Department of Home Affairs. Immigration laws and Departmental policies are subject to change. Individual circumstances vary significantly and can affect eligibility and outcomes. You should seek independent legal advice from a registered migration agent or Australian legal practitioner before making any decisions about your visa application.
The Year Resets Today- from the desk of Phoenix Law & Associates
New Financial Year, New Employer Sponsored Visa Salary
Today is the day Australia’s migration system quietly resets itself. Salary thresholds move. Visa charges move. Review fees move. The 2026–27 Migration Programme opens for business with a different shape than the one it replaces. None of this happened with a press conference. All of it happened on schedule, exactly as the Federal Budget foreshadowed in May. For anyone with a visa application in train, a sponsored employee on the books, or a decision to make about when to lodge, 1 July is not a date to notice in hindsight — it is the date that determines which rules apply to you.
If you have a sponsored employee, a pending application, or a strategic decision to make in light of today’s changes, we encourage you to contact our office for tailored advice. CALL +61731800908 | email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane
KEY TAKEAWAY
From today, employer-sponsored visa salary floors rise by roughly 3.9 % most visa application and review charges move up under standard indexation, superannuation must be paid on payday rather than quarterly, and the 2026–27 Migration Programme opens with a markedly different mix of places than the year just closed. Almost none of these changes carry a grace period. The rule that matters is the date of lodgement — not the date you started preparing.
The System’s Annual Reset Button
Every Australian visa programme runs on the same clock as the Commonwealth’s books. On 1 July each year, salary thresholds linked to wage growth re-index, government charges that are reviewed annually move, and a fresh allocation of permanent places becomes available under that year’s Migration Programme. In most years, this is a routine administrative event — a few hundred dollars here, a percentage point there, barely worth a client alert.
This year is different, not because any single change is dramatic, but because of how many land on the same day, against the backdrop of a Federal Budget that was explicit about its direction. The Budget handed down on 12 May 2026 confirmed an unchanged headline of 185,000 permanent places, but with a markedly reweighted internal structure — more places for people already onshore, fewer for offshore applicants, and a substantially expanded allocation for employer-sponsored migration. Today is the day that structure becomes operative.
Salary Thresholds Rise — and the Date You Lodge Decides Which Figure Applies
The most consequential change taking effect today is the annual indexation of the income thresholds that underpin employer-sponsored migration. Under Migration Regulation 5.42A, the Core Skills Income Threshold (CSIT) and Specialist Skills Income Threshold (SSIT) are indexed automatically each year against Average Weekly Ordinary Time Earnings — no fresh legislative instrument is required, which is precisely why this change arrives without fanfare and without exception.
Temporary Skilled Migration Income Threshold (TSMIT)
$76,515
$79,499
Subclass 494 (Regional), Subclass 187 (RSMS)
Specialist Skills Income Threshold (SSIT)
$141,210
$146,717
Subclass 482 Specialist Skills Stream
The increase amounts to approximately 3.9 per cent — broadly consistent with national wage growth, but enough to matter at scale. The governing rule is simple and unforgiving: the threshold that applies is the one in force on the date the nomination application is lodged — not the date negotiations began, not the date Labour Market Testing was completed, and not the date the visa is ultimately decided. A nomination lodged on 30 June is assessed against the old, lower figure even if it is decided weeks later. A nomination lodged today is assessed against the new figure, regardless of when preparation started.
For employers with borderline salaries
If a sponsored role — or a current 482 holder approaching a new nomination — sits between $76,515 and $79,499, that salary is no longer compliant for any nomination lodged from today. Meeting the CSIT or SSIT is also only a floor: the nominated salary must independently meet the Annual Market Salary Rate for the occupation and location, which in markets like Sydney and Melbourne frequently sits well above the statutory minimum.
The Quiet Compliance Change: Superannuation on Payday
Running alongside the salary threshold increase is a separate, equally significant compliance shift for every employer — not just sponsors. From 1 July 2026, employers must pay superannuation guarantee contributions at the same time as wages, generally within a short number of business days, rather than on the previous quarterly cycle. For businesses sponsoring overseas workers, this adds a cash-flow and payroll-system dimension to an already growing compliance load, and it sits alongside the Department’s existing sponsorship obligations around timely and correct remuneration. Non-compliance with superannuation obligations can also be relevant to a sponsor’s standing under the broader sponsorship obligations framework.
Employer-sponsored migration is the standout winner of this reset: the allocation has grown substantially year-on-year, reflecting the Government’s stated preference for channelling permanent places toward people already contributing to the Australian workforce. Regional visa allocations, by contrast, have been reduced significantly for 2026–27, a reallocation that regional employers and Subclass 494 hopefuls should factor directly into planning rather than assuming continuity with last year’s settings.
For skilled independent applicants, today also marks the point at which SkillSelect resets under the new programme year’s allocations, following the final, typically highest-volume invitation round of the outgoing year. Applicants who missed that round, or who are newly entering the points test pool, are now competing for places under a freshly opened — and differently sized — annual cap.
185,000 TOTAL PERMANENT PLACES
129,590 ONSHORE ALLOCATION
55,110 OFFSHORE ALLOCATION
58,040 EMPLOYER-SPONSORED PLACES
WHAT YOU SHOULD BE DOING THIS WEEK– Practical Steps for the New Financial Year
If You Are an Employer Sponsoring Overseas Workers
› Audit current and pipeline nominations against the new CSIT and SSIT immediately. Any role sitting below $79,499 (or $146,717 for specialist roles) is no longer compliant for nominations lodged from today.
› Check payroll systems are ready for payday superannuation. The shift from quarterly to payday contributions is a live compliance obligation, not a future one, and intersects with your standing sponsorship obligations.
› Reassess regional sponsorship strategy in light of the reduced 2026–27 regional allocation, particularly for Subclass 494 pipelines.
If You Have a Skilled or Points-Tested Application in Progress
› Do not assume your current points score will remain competitive. With a Points Test review foreshadowed, lodging an Expression of Interest under the existing rules sooner rather than later removes one layer of uncertainty.
› Check your skills assessment validity before relying on it under the newly opened programme year — many are time-limited and cannot be revived after expiry.
If You Are Preparing a Partner, Parent, or Family Application
› Confirm the current visa application charge before lodging via the Department’s Visa Pricing Estimator — do not rely on figures quoted earlier in the year.
› Treat decision-readiness, not cost-saving, as the priority. A higher charge on a complete, well-evidenced application remains a far better outcome than a lower charge on one that is refused.
DO NOT
Do not assume that because a change is described as “routine annual indexation,” it carries no consequence for you. A salary threshold increase of under 4 per cent can move a sponsored employee from compliant to non-compliant overnight. A visa charge increase of a few hundred dollars can be the difference that matters for a family already stretched by the cost of a multi-year application.
How Phoenix Law & Associates Can Assist
Phoenix Law & Associates advises employers, skilled applicants, and families across the full migration spectrum, and we are actively assisting clients through this year’s particularly dense 1 July reset. For employer sponsors, that means an immediate audit of salary compliance against the new CSIT and SSIT, and a review of payroll readiness for payday superannuation. For skilled applicants, it means strategic advice on EOI timing in light of the foreshadowed Points Test review. For families, it means ensuring that applications lodged under the new financial year’s charges are genuinely decision-ready, not simply lodged in haste.
If you have a sponsored employee, a pending application, or a strategic decision to make in light of today’s changes, we encourage you to contact our office for tailored advice. CALL +61731800908 | email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. #EmployerSponsors #VisaHolders #phoenixlaw #brisbanelawyers #MultilingualLawyers #MigrationLaw #AustralianVisa
The Expanded Character Test: What Visa Holders Need to Understand Now
The migration provisions of the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026, which commenced on 22 January 2026, are now fully operational. With $13.6 million allocated in the Budget for implementation, these are not paper changes — they are being actively administered.
The Act introduced new section 501(6A), which means the following conduct can now ground a visa refusal or cancellation — with no criminal conviction required:
Hate-motivated conduct directed at a person because of their race, religion, nationality, or other protected characteristic.
Membership of, or association with, a prohibited hate group — regardless of when that membership occurred, and regardless of whether the group was listed as prohibited at the time.
Making or endorsing statements involving the dissemination of ideas based on superiority over or hatred of a racial, religious, or ethnic group — including statements shared, reposted, or amplified online.
The threshold for ministerial action in relation to temporary safe haven visas (section 500A) has also been lowered from “would engage” to “might engage” in the relevant conduct. This moves the operative test from a finding of probability to a finding of possibility, significantly widening the scope for ministerial consideration.
“The new character grounds do not require a conviction, a charge, or even a formal investigation. They require the Department to be satisfied — on balance — that the conduct occurred. Visa holders and applicants should take this seriously now, before it becomes relevant.” — Phoenix Law & Associates — June 2026 Commentary
What Visa Holders Should Do
Review any existing or past group memberships — particularly of organisations with a political, religious, or ideological character — and consider whether any could be relevant to the new listing framework.
Be conscious of public statements and social media activity. Statements made on any platform — including private groups, messaging apps, and shared or reposted content — may be relevant.
If you have received any character-related notice from the Department, seek legal advice immediately. The timeline for responding to a Natural Justice letter is short, and the stakes of an incorrect response are severe.
Permanent Exclusion Risk:
A finding under section 501(6A) may trigger Special Return Criterion 5001, which operates as a permanent exclusion from Australia. This is not an outcome that can generally be reversed through a subsequent application. Early legal advice is always more effective than engagement after the fact.
How Phoenix Law & Associates Can Assist This Week
The three developments covered in this briefing all have time-sensitive dimensions. The 189 round runs this week. The salary threshold change takes effect at the start of next month. The character provisions are already live.
Phoenix Law & Associates is available to assist with Expression of Interest reviews and pre-invitation strategy for Subclass 189 applicants; nomination lodgement planning and salary compliance for employer sponsors ahead of the 1 July threshold increase; and confidential advice for visa holders with any exposure to the new character grounds under section 501(6A).
We also continue to assist clients across the full range of family visa pathways — partner, parent, and prospective marriage visas — where the Department’s April 2026 evidentiary expectations continue to apply.
If you have questions arising from this week’s briefing, contact our office to arrange a consultation. The migration environment rewards those who engage early.
CALL NOW +61731800908 or email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. #Subclass189Visa #phoenixlaw #brisbanelawyers #MultilingualLawyers #MigrationLaw
5 June 2026
PHOENIX LAW & ASSOCIATES — Client Alert & Commentary | Australia Immigration Intelligence – Subclass 189 Skilled Independent Visa
Final 189 Round of 2025–26: Why This Week Matters Most
The Department of Home Affairs has confirmed that the next — and final — invitation round for the Subclass 189 Skilled Independent visa is scheduled for 4 June 2026.
End-of-year Q4 rounds historically carry the highest invitation volumes of any round in the programme year. The Department issues remaining invitations to exhaust its annual cap before 30 June — meaning applicants who narrowly missed earlier rounds may find the threshold has shifted in their favour this week.
Points Table
65 Minimum Points EOI-Eligible
65–75 Tier 1 Cutoff Healthcare & Trades
95–110 Typical Cutoff ICT & Oversupplied
60 days To Lodge After Invitation
What Applicants Must Do Before the Round
• Verify every detail in your EOI is accurate and current. Work experience, qualifications, English proficiency, and partner information must reflect your actual circumstances. Inaccurate EOIs can lead to visa refusal — and a PIC 4020 misrepresentation finding carries a three-year ban on future Australian visa applications.
• Update relationship status if it has changed. A skilled partner adds points. Changes need to be in SkillSelect before the round runs.
• Do NOT withdraw your EOI to “re-submit.” Your submission date is a tiebreaker when scores are tied. Losing it means going to the back of the queue.
• Check your skills assessment is still valid. Many certificates are valid for three years only. An expired assessment cannot support a visa application.
• If you receive an invitation: you have 60 days to lodge a complete application. That window cannot be extended.
KEY TAKEAWAY
Key Takeaway: This round is the year’s best opportunity. The Budget has foreshadowed a Points Test reform. Scores competitive today may not be competitive under the revised model. Applicants close to the threshold in a Tier 1 occupation should review their EOI urgently.
The New Programme Year Opens in July–August
Once the current programme year closes on 30 June, SkillSelect resets under the new 2026–27 allocations. The Points Test reform consultation — expected in the second half of 2026 — may alter the scoring architecture before rounds resume. Applicants who miss this week’s round and elect to wait should understand that the system they are waiting for may look meaningfully different from the one they have been preparing for.
How Phoenix Law & Associates Can Assist This Week
This developments has time-sensitive dimensions. The 189 round runs this week. The salary threshold change takes effect at the start of next month. The character provisions are already live.
Phoenix Law & Associates is available to assist with Expression of Interest reviews and pre-invitation strategy for Subclass 189 applicants; nomination lodgement planning and salary compliance for employer sponsors ahead of the 1 July threshold increase; and confidential advice for visa holders with any exposure to the new character grounds under section 501(6A).
We also continue to assist clients across the full range of family visa pathways — partner, parent, and prospective marriage visas — where the Department’s April 2026 evidentiary expectations continue to apply.
If you have questions arising from this week’s briefing, contact our office to arrange a consultation. The migration environment rewards those who engage early.
CALL NOW +61731800908 or email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. #Subclass189Visa #phoenixlaw #brisbanelawyers #MultilingualLawyers #MigrationLaw
What should you do to give your relationship the best outcome ?
The Department of Home Affairs (DHA) has published the April 2026 Partner Processing Newsletter — it shows a meaningful tightening of the evidentiary and procedural standards governing partner visa applications. Couples and sponsors who are planning to apply, or who already have a current application, need to understand what is now expected, and what they should do to protect their position. You usually have only one opportunity to get it right, the longest processing time, and a cost of AUD $12,000- $15,000 or more. Read more, and then work with Phoenix Law & Associates to ensure your application gives you the best possible chance of a positive outcome.
Key Takeaway
The Department is raising the bar on application quality and is explicitly putting applicants and their representatives on notice: you will generally receive only one opportunity to respond to a request for further information. There will be no routine follow-up requests. Applications that are not decision-ready at lodgement face a substantially elevated risk of refusal.
Understanding the Two-Stage Partner Visa Pathway
Australia’s partner visa framework operates as a two-stage process. Whether you apply onshore or offshore determines the subclass pathway, but the underlying structure — and the evidentiary obligations — are the same:
Onshore pathway (Subclass 820 → 801): For applicants already in Australia on a valid visa. Lodgement typically results in the grant of a Bridging Visa, allowing the applicant to live, work, and access Medicare while processing is underway.
Offshore pathway (Subclass 309 → 100): For applicants outside Australia. The applicant must generally remain offshore for the decision on the temporary visa and can travel to Australia once Subclass 309 is granted.
Prospective Marriage (Subclass 300): For engaged couples not yet married. The applicant must marry within nine months of arrival and then transition to the Subclass 820/801 pathway.
In both primary pathways, both the temporary and permanent stages are paid for at the time of initial lodgement — a single, non-refundable fee that now sits at approximately AUD $9,365 for the main applicant, making this one of the most expensive visas in the Australian immigration system. Total out-of-pocket costs — including health examinations, police certificates, translations, and professional representation — typically range from AUD $12,000 to $15,000 or more.
The permanent stage assessment becomes available approximately two years after the original application is lodged and requires the couple to demonstrate that their relationship remains genuine and ongoing at that point. In some cases where a long-term relationship is established at the outset (generally three years together, or two years with a dependent child), both stages may be granted concurrently.
What the Department Has Changed
The Department’s April 2026 Partner Processing Newsletter reflects findings from an internal review and sets out several significant operational changes. Phoenix Law & Associates recommends that all applicants and sponsors read these carefully.
One Chance to Respond — and That’s It
Perhaps the most consequential change in this newsletter is the explicit statement that where the Department issues a Request for Information (RFI) or a Natural Justice letter, that will be treated as the primary — and likely only — opportunity to address the matters raised. Follow-up or reminder requests will not routinely be issued.
If the response period expires without a reply, and no extension has been sought within that timeframe with reasons given, the Department may proceed to decide the application based solely on the information already available. This is not merely an administrative efficiency measure — it is a signal that incomplete or poorly-prepared applications may be refused without further engagement.
Stronger Evidence Required at Lodgement
The internal review identified that a significant number of applications were lodged with limited or insufficient evidence of a genuine and ongoing relationship. The Department’s message is unambiguous: adequate evidence must be in place at the time the application is lodged — not assembled reactively after a request is issued.
This evidence must be current. Stale evidence — photographs, bank statements, or statutory declarations that pre-date lodgement by years — will not adequately demonstrate that the relationship is continuing at the time of assessment.
ImmiAccount Is Now the Primary Contact Channel
The Department has reinforced that ImmiAccount is the preferred — and expected — method for all communications and document submissions. Emails sent to the partner visa mailbox will not be acted on quickly and will only receive a response in limited circumstances. Using multiple contact channels simultaneously (for instance, submitting both a webform and an email) does not expedite processing; it complicates case records and further delays outcomes.
Documents uploaded to ImmiAccount must be clearly labelled, accurately categorised, and logically organised. A disorganised document bundle is a processing delay waiting to happen.
Police Certificate Requirements Clarified for Permanent Stage
For applicants progressing to the permanent stage (Subclass 801 or 100), the Department has clarified the overseas police certificate requirements:
A police certificate from any country where the applicant has spent 12 months or more cumulatively in the last 10 years (and for which no prior clearance was provided) is required.
A new overseas certificate is required if the applicant has spent a cumulative 12 months or more in that country since the grant of their temporary partner visa.
Where character concerns exist, a new police certificate must be provided regardless of time spent overseas.
The two-month threshold applies to temporary partner visas only — it does not extend to permanent partner visa assessment.
Police certificates must be in order before the permanent stage assessment commences. Expired certificates are one of the most commonly cited causes of unnecessary delays at the permanent stage. Do not wait for the Department to prompt you.
Proactive Evidence Maintenance Required
For applications that have been under assessment for an extended period, the Department has issued clear guidance: relationship evidence should be actively maintained and refreshed. The recommendation is to update financial, household, and social evidence every six to twelve months, and to provide updated personal statements where circumstances have changed. This is particularly important given that processing times for partner visas currently sit at a median of approximately 17 months.
Processing Realities – What You Should Expect in 2026
Partner visa processing times remain among the longest in the Australian immigration system. The current data paints a sobering picture for couples hoping for a swift resolution:
Visa Pathway
Typical Range (Temporary Stage)
90th Percentile
Subclass 820 (Onshore Temporary)
12 – 20 months
Up to 23 months
Subclass 309 (Offshore Temporary)
12 – 20 months
Up to 24 months
Subclass 801 / 100 (Permanent Stage)
Assessed ~2 yrs after lodgement
Varies by complexity
End-to-end total
3 – 5 years (typical range)
The median processing time as of March 2026 is approximately 17 months for the provisional and temporary stages. The Department acknowledges that its focus on resolving older and more complex cases is temporarily inflating overall processing figures. There is no express lane — no mechanism to pay for faster processing in ordinary circumstances.
The practical consequence for applicants is that this process demands stamina, ongoing compliance, and active evidence management over a period of years — not months.
What You Need to Be Doing: Applicant Checklist
In light of the Department’s April 2026 guidance, here is what every applicant should be doing — whether you are preparing to lodge or already have an application on foot.
Before Lodgement
Build a comprehensive evidence bundle from day one. Do not plan to supplement later. Address all four pillars of the relationship assessment: financial aspects, nature of the household, social aspects, and commitment to each other.
Ensure all identity documents are current and certified. Certified copies of birth certificates and passports must be included at the time of lodgement.
Check health and character requirements before proceeding. Reference current Department processing times to sequence health examinations and police certificates appropriately — there is no benefit in completing these too far in advance of likely assessment.
Organise and label every document correctly in ImmiAccount. Use clear, descriptive file names. Categorise accurately. A well-organised application signals professionalism and assists the assessing officer.
Ensure your sponsor’s information is complete and accurate. Missing or incomplete sponsor information is one of the Department’s commonly cited causes of processing delays.
While Your Application Is on Foot
Check ImmiAccount regularly. Do not rely on email notifications — log in frequently and respond to any correspondence promptly and within the specified timeframe.
If you receive an RFI or Natural Justice letter, treat it as your one chance. Respond fully, comprehensively, and within time. If you need more time, request an extension with reasons before the deadline passes.
Refresh your relationship evidence every 6–12 months. Update bank statements, lease agreements, photos, social evidence, and personal statements to ensure the file reflects your current circumstances.
Notify the Department of any changes in relationship circumstances. Failure to do so is a sponsor obligation and can have serious consequences for the application.
At the two-year mark, proactively submit updated information for the permanent stage. Do not wait for the Department to prompt you — eligible applicants and their representatives must initiate this through ImmiAccount.
Do Not…
Do not contact the Department via email or through multiple channels simultaneously. This does not accelerate processing and actively increases the risk of delays and complications to your file. Use ImmiAccount. If that is not possible, use the Partner processing enquiry form on the Department’s website.
Sponsor Obligations: A Continuing Responsibility
Being a sponsor is not a passive role. The Department’s April 2026 newsletter reiterates that sponsors carry ongoing obligations throughout the life of the application — obligations that, if neglected, can directly jeopardise the outcome.
Keep your personal and contact details current in ImmiAccount. An out-of-date address or phone number means you may miss eligibility notifications — including the trigger for the permanent stage assessment.
Notify the Department promptly of any change in relationship circumstances. This includes separation, changes in living arrangements, or any other material development. The obligation to notify is ongoing and is not discretionary.
Provide updated information and documentation quickly – when requested. Sponsors who are slow or unresponsive to requests contribute to processing delays and can undermine the integrity of the application as a whole.
Understand that the Department scrutinises your criminal history. Sponsors with relevant criminal history — particularly relating to family violence or child abuse — may face additional character-based assessment hurdles that affect the application.
Broader Implications for the Future
The April 2026 changes need to be read carefully, it reflects a deliberate shift in the Department’s approach to the partner visa caseload. Several themes emerge.
The “Front-Loading” Imperative
The Department is effectively requiring applicants and their representatives to front-load the work. The days of lodging a basic application with the intent to supplement it reactively after receiving requests are over. The expectation is that applications arrive complete, well-organised, and supported by comprehensive current evidence. This substantially raises the cost and effort required at the outset — but it is the only reliable way to reduce the risk of refusal.
Integrity Focus is Intensifying
The internal review that prompted this newsletter identified widespread deficiencies in evidence quality. This suggests the Department is actively auditing application quality and may be directing case officers to apply heightened scrutiny to under-evidenced files. The partner visa programme has always been subject to close examination — applications that raise credibility concerns (age gaps, short relationships, inconsistencies in the timeline, or limited shared financial life) will face deeper scrutiny, including potential consideration of Public Interest Criterion 4020 (fraud and misrepresentation).
The Cost of Getting It Wrong Has Never Been Higher
With a non-refundable application fee of approximately AUD $9,365, total costs commonly exceeding $12,000 to $15,000 when all associated expenses are included, and processing times measured in years rather than months, the consequences of a refusal are severe — financially, emotionally, and practically. A refused application does not simply mean reapplying. It may trigger the application of PIC 4020, a character assessment, or AAT review proceedings, each carrying their own costs and timelines.
Professional legal advice at the outset is not a luxury in this environment. It is the most cost-effective risk mitigation available.
LASTLY,…
How Phoenix Law & Associates Can Assist
Phoenix Law & Associates has extensive experience in preparing and managing partner visa applications across all stages and subclasses. In light of the Department’s April 2026 guidance, we strongly recommend that applicants and sponsors seek early legal advice — before lodgement, not after receiving a request for information.
Our approach includes a thorough pre-lodgement review of all evidence against the four pillars of the relationship assessment, strategic advice on sequencing health and character requirements, careful organisation and categorisation of documents in ImmiAccount, proactive management of ongoing evidence obligations throughout the processing period, and representation in responding to RFIs and Natural Justice letters.
If you have an existing application on foot and are uncertain whether your evidence file is current and adequate — particularly in light of the Department’s new expectations — we encourage you to contact us for a file review.
The partner visa pathway is one of the most demanding in Australian immigration law. The April 2026 news makes it clear that the margin for error is narrowing. Phoenix Law & Associates is here to ensure your application gives your relationship the best possible chance of a positive outcome. Call +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. https://www.phoenix-law.com.au/ We are MULTILINGUAL LAWYERS and will look after you with warmth and professionalism. #PartnerVisa @DHA #phoenixlaw #brisbanelawyers #MultilingualLawyers #SouthAfricanLawyers #Spanishspeaking #JapaneseLawyers #ChineseLawyers #KoreanLawyers
This Visa remains the gold standard of Visas, for skilled migrants, the most flexible permanent residency pathway in Australia. It requires no employer sponsorship and no state government nomination, giving holders the freedom to live and work anywhere in the country from the day of grant.
Phoenix Law & Associates advise that the most important thing any applicant can do right now is to assess their situation honestly, keep their SkillSelect profile current, and not wait passively for a round that may not come.
Australia’s migration system rewards those who plan early and adapt quickly.
📞Contact Phoenix Law Migration Team now to arrange a confidential consultation | Multilingual Lawyers. Call +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #SkilledVisa #Subclass189Visa #Migration #immigrationaustralia #AustralianVisa
What the New Invitation System Means for Skilled Migrants in 2025–26 and Beyond
🚨 Status as at March 2026: The Subclass 189 quota for 2025–26 is exhausted. Approximately 16,887 invitations were issued across two rounds in August and November 2025, meeting the full program year planning level of ~16,900 places. No further 189 rounds are expected until the new program year opens in July 2026.
Overview: A Visa under Structural Reform
The way invitations are issued under this program has changed significantly. From the 2025–26 financial year, the Department of Home Affairs introduced a structural overhaul of the 189 invitation process, moving away from irregular, ad-hoc rounds toward a more predictable, data-driven system with clearly defined occupation priorities. This article explains those changes, what they mean for different occupations, what the 2025–26 rounds revealed in practice, and how applicants should position themselves for the year ahead.
Source: Department of Home Affairs internal policy document ‘Reform of SkillSelect Invitation Rounds’, dated 21 May 2025, released under FOI request FA 25/10/00198. The tier model described in this document has not been formally published by the Department, but recent invitation round outcomes closely reflect its structure.
Program Context: How 189 Fits Into the Broader Migration Cap
Australia’s permanent migration program for 2025–26 is capped at 185,000 places. Within that cap, the composition has shifted notably toward employer-sponsored and state-nominated streams:
Visa Stream
2025–26 Places
Change from Prior Year
Employer Nominated (186/494/482)
44,000
↑ Increased
State/Territory Nominated (190/491)
33,000
↑ Increased
Skilled Independent (189)
16,900
↓ Reduced
Global Talent (858)
4,000
↓ Reduced
The reduction in 189 places is not a short-term adjustment — it reflects a deliberate and ongoing policy direction. The Australian Government has signalled that employer-sponsored and state-nominated pathways are its preferred mechanism for skilled intake, with the 189 now functioning as a secondary, residual stream.
Why the 189 Invitation System Needed Fixing
The FOI document identifies three well-documented problems that had accumulated over years of operating the previous invitation model:
Wasted invitations: A significant proportion of 189 invitations were being issued to applicants who had already accepted a state or territory nomination under the 190 or 491 pathway. These applicants had no genuine need for a 189 invitation but remained in the SkillSelect pool, absorbing places that could have gone elsewhere. According to the FOI document, approximately 87% of 189 applicants also held active 190 or 491 EOIs in the same program year.
Years-long waiting times: Many skilled workers were waiting two or more years between submitting their Expression of Interest and receiving an invitation, particularly in popular professional occupations. The lack of published round schedules made planning nearly impossible.
No systematic framework: While occupations had always influenced invitation decisions informally, there was no documented, data-driven model to explain how invitation numbers were calculated, prioritised, or distributed across occupations and sectors.
To address these issues, the Department redesigned three core elements: how rounds are scheduled, how occupations are prioritised, and how invitation ceilings are calculated.
Reform 1: Quarterly Rounds and Pre-Announced Dates
Under the new framework, 189 invitation rounds are intended to run quarterly, with the option for targeted monthly rounds to address emerging shortages. For the first time, the Department has also committed to publicly announcing round dates in advance — a significant shift in transparency.
In 2025–26, the Department pre-announced the 13 November 2025 round date, something that had never been done before. Two rounds were held:
Round
Date
Invitations Issued (189)
Tie-Break Date
Round 1
21 August 2025
~6,887
August 2025
Round 2
13 November 2025
~10,000
November 2025
Round 3
Expected Feb 2026
Not conducted — quota exhausted
N/A
Round 4
Expected May 2026
Not conducted — quota exhausted
N/A
The two rounds collectively issued approximately 16,887 invitations — effectively meeting the full program year planning level of 16,900. As a result, no further rounds were conducted and none are expected until July 2026 when the new program year begins.
⚠️ Planning note: If you are waiting for a 2025–26 189 invitation, it is not coming. The quota is exhausted. The next opportunity will be under the 2026–27 program year, which opens in July 2026. Use this period to strengthen your points profile and assess alternative pathways.
Reform 2: The Four-Tier Occupation Priority Model
The most consequential change introduced by the FOI document is a four-tier occupation classification system. Every eligible skilled occupation is assigned to a tier based on its strategic importance, shortage severity, and supply dynamics within the SkillSelect pool. Each tier carries a different multiplier that determines how many 189 invitations can be issued for that occupation in a program year.
The ceiling formula: Occupation Ceiling = ABS Employment Stock × Tier Multiplier − Grants Already Made Under 186 / 190 / 491 / 494
In plain terms: the 189 sits at the back of the queue. Grants made under employer-sponsored and state-nominated programs reduce the 189 ceiling for an occupation before any independent invitations are issued.
Tier
Priority Level
Multiplier
Invitation Volume
Typical Occupations
Tier 1
Highest — critical shortages
4.0%
Largest ceilings; lowest points required
Surgeons, GPs, Registered Nurses, Physiotherapists, Medical Imaging Professionals, Occupational Therapists
Tier 2
High — essential services
2.0%
Strong, consistent volumes
Early Childhood Teachers, Secondary Teachers, Social Workers, Psychologists, Child Care Centre Managers
Accountants, ICT Business Analysts, Software Developers, General ICT Professionals
📌 Important clarification: The tier classification is an internal policy tool, not legislation. The Department has not formally published the tier list. However, the August and November 2025 invitation outcomes closely match the patterns described in the FOI document, confirming it is actively shaping how invitations are distributed.
Tier 1 — Critical Shortages (4.0% Multiplier)
Tier 1 captures occupations with the greatest strategic importance to Australia — roles characterised by severe, persistent shortages, long training timelines of a decade or more, and direct impact on population health and national welfare. These occupations receive the largest invitation ceilings and will typically see the lowest points thresholds of any professional category. Registered Nurses, for example, were receiving invitations at 75–80 points in 2025–26 — significantly below the 85–95 points required for white-collar professionals.
Tier 2 — Essential Community Services (2.0% Multiplier)
Tier 2 covers occupations prioritised under Ministerial Direction 105, which directs processing priority toward roles that underpin frontline community services — education, mental health, and social support. Teachers and social workers sit here. Invitation volumes are strong and predictable. Points requirements are more moderate than Tier 3, making these occupations a good option for applicants who can meet the skills assessment and registration requirements.
Tier 3 — General Skilled Occupations (1.0% Multiplier)
Tier 3 is the broadest category and covers the majority of professional, technical, and trade occupations on the skilled occupation list. Engineering disciplines, architecture, construction management, legal professionals, agricultural scientists, and — notably for many readers — Management Consultants (ANZSCO 224711) all fall here. This tier receives a moderate multiplier, meaning invitation ceilings are available but competition is intense. In the November 2025 round, Management Consultants required between 85 and 95 points to receive an invitation, with Superior English (IELTS 8 or PTE 79) emerging as a near-essential differentiator.
Tier 4 presents the starkest outcome of the new model. Accountants and general ICT professionals fall here because these occupations are already heavily represented across employer-sponsored and state-nominated visa grants. After those grants are deducted from the occupation ceiling, there is frequently nothing left for 189 invitations. The calculation for Accountants in 2025–26 is instructive: ABS employment stock of ~214,100 multiplied by 0.5% gives a ceiling of 1,070 — but with over 2,271 grants already made through other programs in the prior year, the effective 189 ceiling was negative. Accountants received no 189 invitations in either of the two 2025–26 rounds.
What the 2025–26 Rounds Revealed: Points Thresholds by Occupation
The following points thresholds were observed across the August and November 2025 invitation rounds. These reflect real outcomes and serve as the most reliable benchmark available for planning your 2026–27 EOI strategy:
Occupation / Category
Points Required
Onshore / Offshore
Tier
Carpenter, Plumber, Bricklayer (trades)
65–70 pts
Both
Tier 1–2
Electrician
65 pts (offshore)
Offshore confirmed
Tier 1–2
Registered Nurse (all specialisations)
75–85 pts
Both
Tier 1
Audiologist
75 pts
Both
Tier 1
Cardiologist
80 pts
Both
Tier 1
Secondary School Teacher
80–85 pts
Both
Tier 2
Early Childhood Teacher
85 pts
Onshore confirmed
Tier 2
Social Worker
75–90 pts
Both
Tier 2
Civil / Chemical Engineer
85–90 pts
Both
Tier 3
Construction Project Manager
85 pts
Offshore confirmed
Tier 3
Architect
85 pts
Both
Tier 3
Economist / Actuary
85–90 pts
Both
Tier 3
Solicitor / Barrister
85–90 pts
Both
Tier 3
Management Consultant
85–95 pts
Both
Tier 3
Accountant (General)
Not invited in 2025–26
N/A
Tier 4
ICT Business Analyst / Software Developer
Not invited / 90–95+ pts only
Limited
Tier 4
The tie-break date for the November round was set at November 2025, indicating the Department invited EOIs very close to the round date. This means early EOI submission is no longer the critical strategic advantage it once was — points are now the primary differentiator.
The Points Test Is Under Review: What May Change in 2026–27
It is worth noting that the points test itself is currently under review. The Department of Home Affairs has been consulting on proposed changes that could take effect from July 2026. While nothing has been legislated, the proposals under active consideration include:
Higher weighting for English proficiency — Superior English may attract even more points
Additional points for younger applicants
Salary-linked scoring, where higher Australian or overseas earnings attract additional points
An increase in the minimum pass mark from 65 to 70 points
⚠️ Caution: Do not make migration decisions based on proposed changes that have not yet been legislated. Monitor official announcements from the Department of Home Affairs and seek registered migration advice before adjusting your strategy based on rumoured reforms.
Your Migration Strategy: What to Do Right Now
With the 189 quota exhausted until July 2026, the period between now and the start of the new program year is a strategic window. Here is how different applicant types should approach it:
If your occupation is Tier 1 or Tier 2 (Healthcare, Education, Social Services)
Ensure your skills assessment is current and will not expire before or shortly after July 2026
If your IELTS or PTE score is close to expiring, re-sit now rather than waiting
Submit or update your EOI in SkillSelect so your profile is current when the new program opens
Consider lodging a 190 or 491 EOI simultaneously — many Tier 1 and 2 occupations are also well-positioned for state nomination
If your occupation is Tier 3 (Engineering, Architecture, Management Consulting, Legal)
You will need a strong points score — target 85 points as a minimum, and 90+ to be reliably competitive
Superior English (IELTS 8 in all bands / PTE 79) is the single highest-value improvement available to most applicants, contributing up to 20 points
Explore 190 state nomination in parallel — ACT, WA, and Tasmania all list Management Consultants and many engineering roles, and are more accessible than waiting for 189
Partner skills can add 5 points if your partner holds a relevant skills assessment and competent English — worth pursuing if applicable
If your occupation is Tier 4 (Accountants, ICT Professionals, Software Developers)
The 189 pathway is not viable for most Tier 4 applicants in the near term. Do not structure your migration plan around it
State nomination via the Subclass 190 is the more realistic route — SA, ACT, and NT are often more accessible for these occupations than NSW or VIC
Employer sponsorship via Subclass 482 (Skills in Demand) visa, leading to the Subclass 186, is a strong alternative if you have an employer willing to sponsor
If you are currently on a 491 visa and approaching 3 years of regional residence and employment, begin assessing your eligibility for the Subclass 191 permanent residency pathway
For All Applicants: General Reminders
Keep your SkillSelect EOI current and accurate at all times. An outdated EOI with incorrect points or expired assessments can cost you an invitation even if your occupation is selected
Submit your EOI as early as possible — even at lower points. Your submission date remains the tie-breaker when two candidates have identical scores
The 190 and 491 state nomination programs remain active across most states for the remainder of 2025–26 — Queensland in particular doubled its allocation this year
Looking Ahead: What to Expect in 2026–27
Based on the current policy direction and confirmed program settings, here is what applicants can reasonably anticipate for the next program year:
Factor
What to Expect in 2026–27
189 quota
Similar to 2025–26 (~16,900 places) — the reduction in 189 places appears to be a long-term structural shift, not a one-year adjustment
Round frequency
Quarterly rounds are expected to continue, with additional targeted rounds possible
Round announcement
Pre-announced dates are likely to continue following the precedent set in 2025–26
Points bar
Expect 85–95 points to remain the competitive range for Tier 3 occupations; lower for Tier 1–2
Tier 4 outlook
Accountants and ICT occupations will continue to face near-zero 189 chances; alternative pathways are essential
Points test changes
If the review results in changes, they are most likely to take effect from 1 July 2026
Visa application charge
Next fee adjustment is expected on 1 July 2026
Conclusion
The Subclass 189 visa is undergoing its most significant transformation in over a decade. The shift to a tiered, data-driven model with transparent quarterly rounds is a broadly positive development for those who understand it. But it also means the program is no longer accessible to all skilled occupations in the way it once was. For healthcare workers, teachers, and skilled tradespeople, the 189 remains a credible and achievable pathway. For professionals in management consulting, engineering, and law, strong points and a parallel state nomination strategy are essential. For accountants and most ICT professionals, the 189 is no longer a reliable primary pathway.
The most important thing any applicant can do right now is to assess their situation honestly, keep their SkillSelect profile current, and not wait passively for a round that may not come. Australia’s migration system rewards those who plan early and adapt quickly.
Large numbers of temporary visa holders from affected regions may be unable — or unwilling — to depart Australia. A major legislative change is now law — here is what it means for you, your family, or your business.
What you need to know –
A new law — the Migration Amendment (2026 Measures No. 1) Act 2026 — has been in force since 14 March 2026.
It gives the Minister for Home Affairs power to temporarily stop certain temporary visa holders from travelling to Australia, even after their visa has been granted.
No ban has been imposed on any group yet.
The power is designed for use during international crises such as armed conflict.
If a ‘ban’ is triggered, your visa is suspended — not cancelled — and an exemption process exists.
Permanent residents, citizens, and those already in Australia are not affected.
What Has Changed?
Until March 2026, if you held a valid Australian visa, that visa was your legal right to board a flight to Australia. Airlines, immigration officers and the Department of Home Affairs treated a granted visa as essentially final — subject only to cancellation in individual circumstances such as character or health concerns.
That has changed. The new law introduces what is called an ‘Arrival Control Determination’ — a ministerial power that can, in specific and defined circumstances, temporarily pause the ability of an entire class of temporary visa holders to travel to Australia. Importantly, this does not cancel your visa. But it does mean your visa alone may not be enough to board a plane.
Why Was This Law Introduced?
The legislation was introduced against the backdrop of ongoing instability in the Middle East. The Australian Government has pointed to the risk that, during major international conflicts or crises, large numbers of temporary visa holders from affected regions may be unable — or unwilling — to depart Australia at the end of their authorised stay. This has the potential to overwhelm Australia’s compliance and enforcement systems.
The Government’s stated position is that this is a targeted, last-resort mechanism — not a broad immigration restriction. It is explicitly designed for use during genuine crises, not routine migration management.
How Does the Power Work?
Before the Minister can make an Arrival Control Determination, they must obtain written agreement from both the Prime Minister and the Minister for Foreign Affairs. This is a meaningful safeguard — it is not a power that can be exercised unilaterally or without senior Cabinet-level authorisation.
Once made, a Determination can last up to six months. It cannot be extended, though a new Determination can be issued if circumstances warrant it.
The Determination operates through Australia’s airline check-in systems. Airlines receive a notification through the Advance Passenger Processing (APP) system, and passengers whose visa travel-effectiveness has been paused will be flagged at check-in — even if their visa still appears valid in their ImmiAccount.
Who Is Protected? (The Exemptions)
The law includes clear protections for the following groups, who cannot be affected by an Arrival Control Determination:
Australian citizens and permanent residents
Persons who are already in Australia when a Determination is made (even if they later travel offshore)
Immediate family members of Australian citizens and permanent residents (spouses, de facto partners, and dependent children)
Parents of children under 18 years of age who are in Australia
Holders of protection visas, temporary safe haven visas, or other humanitarian visas
Persons in transit to Australia at the time the Determination is made (subject to specific provisions)
Can You Still Travel If a Determination Is Made?
Yes — in certain circumstances. The Minister has the power to grant individual exemptions through what is called a ‘Permitted Travel Certificate’. These are granted on a case-by-case basis for compelling or compassionate reasons, including:
Urgent medical treatment in Australia
The death or serious illness of an immediate family member in Australia
Other exceptional personal or professional circumstances
It is important to understand that the Minister is not legally obliged to consider or grant a Permitted Travel Certificate application. If you believe you may need one, obtaining timely legal advice will be critical.
What Types of Visas Are Affected?
The power applies to temporary visas only. Permanent visas are not affected. Based on parliamentary debates and publicly available guidance, the types of temporary visas that could be subject to a Determination include:
Visitor visas (Subclass 600)
Student visas (Subclass 500)
Temporary Graduate visas (Subclass 485)
Other temporary work and business visas
The specific visa classes subject to any Determination will be defined in the instrument at the time it is made.
Has a Travel Restriction Been Imposed Yet?
Current Status — as at 20 March 2026
No Arrival Control Determination has been publicly announced or gazetted as of the date of this article.
The law is in force, but the power has not yet been exercised against any group or nationality. We will update this article immediately if a Determination is issued.
What Should You Do Now?
While no ban is currently in place, the existence of this power changes the risk landscape for temporary visa holders and the employers, universities, and families who support them. We recommend:
Monitor updates: Follow the Department of Home Affairs website and subscribe to your registered migration agent’s updates. A Determination, if made, can take effect quickly.
Plan travel flexibility: If you are an employer managing staff on temporary visas who need to travel internationally, build contingency time into travel plans.
Understand your exemption eligibility: If you or a family member holds a temporary visa and is travelling from a region experiencing conflict or instability, speak to a migration lawyer about your options in advance.
Do not cancel existing travel plans: There is no basis at present to cancel or defer travel on account of this law. Act on verified information only.
How We Can Help
At Phoenix Law & Associates, we monitor Australian immigration law as it evolves — and we translate legal complexity into practical guidance for individuals, families, students and employers.
If you hold a temporary visa and are concerned about how this law may affect you, or if you are an employer or education provider needing to brief your staff or students, our team is available to assist.
📞Contact Phoenix Law Migration Team now to arrange a confidential consultation | Multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #TemporaryVisa #ArrivalControl #Migration #immigrationaustralia #AustralianVisa
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The Subclass 407 Training Visa just got stricter, and new federal regulations have completely changed.
EMPLOYERS, SPONSORS & APPLICANTS, this is important for you to note ! The changes are already in effect. Lodging applications under the old concurrent method will result in an invalid application. If your organisation sponsors, or plans to sponsor, someone on the Subclass 407 Training visa, the process has completely changed — and the window for preparation is now tighter than ever.
📞Contact Phoenix Law Migration Team to arrange a confidential consultation | Multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #TrainingVisa #SkilledWorkerVisa #Migration #immigrationaustralia
New federal regulations — the Migration Amendment (Training Visas—Sponsorship Requirements) Regulations 2026 — have amended the Migration Regulations 1994, overhauling how Subclass 407 applications must be sequenced and submitted. The changes are not minor administrative tweaks. They alter the entire lodgement pathway, removing a key flexibility that sponsors and applicants had relied on for years.
What the New Rules Require
Under the updated framework, two conditions must be satisfied — and formally approved — before a Subclass 407 visa application can even be considered valid:
New Pre-Lodgement Requirements
The sponsoring organisation must hold approved Temporary Activities Sponsor status — granted by the Department of Home Affairs — before any visa application is lodged.
Where the sponsor is not a Commonwealth agency, an approved nomination covering the specific occupational training program must also be in place. This too must be approved before the visa application is submitted.
Only once both of the above are approved may the applicant proceed to lodge the Subclass 407 visa application itself.
The Old Way vs The New Way
The most significant practical change is the removal of concurrent lodgement — a process that allowed sponsorship, nomination, and visa applications to be submitted simultaneously.
Before (Old Process)
Sponsorship application lodged
Nomination lodged at same time
Visa application lodged concurrently
All three processed together
Now (New Process)
Sponsorship application lodged & approved
Nomination lodged & approved
Only then: visa application lodged
Sequential — no shortcuts
⚠️NOTE WELL – Any Subclass 407 visa application lodged without both an approved sponsor and an approved nomination already in place will be treated as invalid. This means the application will not be processed — and fees may not be recoverable.
Why Did the Government Do This?
The Department of Home Affairs flagged a sharp and sustained rise in onshore Subclass 407 applications beginning in mid-2024. More concerning than the volume was the pattern: a growing number of applications appeared to use the training visa for purposes well outside its intended scope — that is, genuine workplace training and structured professional development.
By breaking the process into sequential, approval-gated steps, the Department aims to create stronger oversight at each stage, reduce the volume of non-genuine applications reaching the visa assessment stage, and improve processing times for the applicants who legitimately need this pathway.
Your New Application Timeline
Planning a Subclass 407 arrangement now requires a phased approach. Here is the sequence every sponsor and applicant must follow:
Step 1
Apply for Temporary Activities Sponsor Approval
Your organisation lodges and receives approval as a Temporary Activities Sponsor from the Department of Home Affairs.
Step 2
Lodge and Obtain Nomination Approval
Once approved as a sponsor, the occupational training program must be nominated and formally approved. (Not required if the sponsor is a Commonwealth agency.)
Step 3
Lodge the Subclass 407 Visa Application
Only at this point — with both approvals secured — can the individual applicant submit their visa application.
Who Needs to Act Now?
These changes are immediately relevant to Australian businesses and organisations that sponsor overseas professionals for in-house training; industry bodies, professional associations, and accreditation providers who use the 407 pathway; any individual currently mid-process or planning to apply for a Subclass 407 visa; and migration professionals advising clients on training visa options.
If you had been planning to use concurrent lodgement — or are in the middle of preparing an application on that assumption — you need to review your approach immediately. Lodging under the old method is no longer valid.
Not Sure How This Affects Your Application?
Phoenix Law & Associates are your registered migration agents, and are across these changes and can map out the right pathway for your specific situation — before you lodge a single form.
Speak to Our Team first
This article is provided for general informational purposes only and does not constitute legal or migration advice. Immigration regulations change frequently. For advice tailored to your individual circumstances, 📞 Contact Phoenix Law Migration Team to arrange a confidential consultation | Multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #TrainingVisa #SkilledWorkerVisa #Migration #immigrationaustralia
Source: Migration Amendment (Training Visas—Sponsorship Requirements) Regulations 2026 and Explanatory Statement, Department of Home Affairs.
It’s a story we hear often: You lived in Australia, built a life, and held that coveted Permanent Residency. Then, life intervened. A family emergency in Japan, a business opportunity that couldn’t be passed up, or perhaps a decade of “just one more year” abroad.
Suddenly, you look at the calendar and realize it’s been nine years. You want to go back—maybe for a job, for your kids, or for retirement—but your visa’s travel facility expired during the Obama administration.
The question we get most is: “Is my PR dead?”
The short answer is: No, but it’s on life support. Here is what you actually need to know about reclaiming your status through a Resident Return Visa (Subclass 155).
The “Five-Year” Trap
Most people think PR is forever. While your status technically remains, your right to enter Australia as a resident usually expires every five years. If you’ve been gone for nine years, you’ve missed two of those cycles.
At this stage, the Department of Home Affairs doesn’t just want to see that you want to come back; they want to know why you stayed away so long.
What You’re Up Against
To get a 155 visa after nearly a decade away, you have to clear two major hurdles. If you fail either, the application is refused.
1. The “Substantial Ties” Test You have to prove you still have “skin in the game” in Australia. This isn’t just about having an old bank account with $50 in it. The Department looks for:
Family: Do you have a spouse, children, or parents who are citizens?
Business/Jobs: Do you still own property or have a concrete job offer waiting for you?
Cultural and personal: Examples are Active membership in cultural associations, leadership roles, volunteer roles.
Assets: Do you still own a home or have significant investments in Australia?
2. The “Compelling Reasons” Test (The Hard Part) This is where most DIY applications fail. Since you’ve been gone for more than five years, the law requires a “compelling” reason for the absence.
What works: Serious illness of a family member, long-term legal disputes, or being genuinely stuck due to unforeseen circumstances (including the COVID-19 border closures).
What doesn’t work: “I just preferred the lifestyle in Tokyo” or “I forgot to check my visa expiry date.”
The “One-Year” Window
If we successfully argue your case, the Department usually grants a visa with a 12-month travel facility.
This is a “use it or lose it” scenario. You’ll have one year to get back to Australia and start physically living there again. Once you’re back on the ground for two years, you can usually secure a full 5-year extension.
Why You Can’t “Wing It”
After nine years, the Department’s default setting is to say “No.” They assume you’ve moved on. Our job is to prove—through a mountain of evidence and a very specific legal narrative—that your link to Australia was never actually broken.
Applying for a 155 visa after a decade is a high-stakes move. If it’s refused, getting a second chance is incredibly difficult.
Thus remember, if you have been absent for more than five years form Australia and cannot show two years of physical presence in the last five, you must demonstrate substantial ties of benefit to Australia and compelling reasons for your prolonged absence. The longer the absence, the stronger the evidence required.
📞 Contact Phoenix Law Migration Team to arrange a consultation | Multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #PR #Visa #JapaneseLawyers #SpanishSpeaking #KoreanLawyers #Migration #immigrationaustralia
