Last updated: 26 September 2026. This page covers the migration changes announced by Home Affairs Minister Tony Burke on 17 September 2026. These changes are being implemented through regulation, not legislation. Official commencement dates for each measure are still being confirmed through regulatory instruments. We will update this page as they are released. Always verify current status at immi.homeaffairs.gov.au.
Australia's Home Affairs Minister Tony Burke announced one of the most significant migration policy shifts in recent years at a National Press Club address in September 2026. The changes affect international students, visitor visa holders, working holiday applicants, and skilled workers across multiple visa streams. For applicants from India, the Philippines, Sri Lanka, Nepal, and other countries that make up the bulk of Australia's inbound migration, several of these changes require an immediate reassessment of existing plans.
This article covers every confirmed change, who it affects, what it does not affect, and what applicants and their families need to do now. The Australian visa news landscape has shifted sharply. Here is what is actually confirmed.
Five confirmed changes at a glance: (1) No Further Stay condition will apply to all future visitor visa grants, blocking most onshore visa transitions. (2) Most new international students and graduate visa holders cannot attach family members to their visas. (3) Working Holiday Maker year 2 visas move to a ballot with 45,000 places; year 3 visas move to a ballot with 5,000 places (cut from the previous 31,000). (4) Students must progress upward in qualification level and cannot use course transfers to extend a stay. (5) Ministerial Directions 121 and 122, which replaced Direction 119 on 19 September 2026, expand priority processing to include agriculture, aquaculture, fishing, resources, law enforcement and defence. All changes are being progressively rolled out over 12 months through regulation. Separate commencement dates have not yet been published for most individual measures. Source: Home Affairs, Australian Government Migration Policy Changes, 17 September 2026.
Why Australia Is Making These Changes Now
Australia's net overseas migration (NOM) reached approximately 292,000 in the year to September 2026. The government's budget targets NOM at 245,000 in 2026-27 and 225,000 in 2027-28. The gap between where migration currently sits and where the government needs it to go is roughly 67,000 people per year, and the September 2026 package is the mechanism for closing that gap.
Tony Burke tied the changes to housing pressure, migration system integrity, and the need for greater government control over who enters Australia and under which conditions. The package was delivered through regulation rather than legislation after negotiations with the Coalition on a legislated approach broke down. Regulation-based implementation generally moves faster through the system than a bill working through Parliament, though official commencement dates for each specific measure are still being confirmed through the regulatory instruments as of late September 2026.
Change 1: No Further Stay Condition on All Visitor Visas
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This is the change with the most immediate practical impact for EazyViza's audience. The Australian government will apply condition 8503 (No Further Stay) to all future visitor visa grants. Previously, condition 8503 was applied by default to Sponsored Family and Business Visitor stream grants, and applied on a case-by-case basis to Tourist stream grants. The new policy applies it universally across all visitor visa streams.
What condition 8503 actually does: it prevents the holder from applying for most other visa types while they are in Australia. If you enter Australia on a visitor visa and then want to lodge a partner visa (Subclass 820), a student visa (Subclass 500), or most other visa types from within the country, 8503 blocks that pathway. You would need to depart Australia and apply from offshore.
What this means for the India corridor specifically
The most common onshore pathway that will be affected is the partner visa (Subclass 820) for Indian nationals who were visiting their Australian spouse or partner and planned to lodge the 820 from within Australia. That pathway required the visitor visa to not carry condition 8503. With the new blanket application, the default is now that 8503 is present on all grants, which means the offshore partner visa (309) lodged from India becomes the standard pathway for couples in this situation.
If you had an existing plan to travel to Australia on a Subclass 600 Tourist visa and then apply for another visa type from within the country, this change directly affects that plan. The 8503 condition on your new visitor visa grant will generally prevent the onshore application.
If you are already in Australia on a visitor visa granted before the new policy took effect, your existing grant conditions do not change retrospectively. The change applies to future visitor visa grants. If the 8503 condition does not appear on your current grant notice, your existing rights remain as stated on that grant. Check your current grant notice in VEVO at immi.homeaffairs.gov.au.
If you are uncertain about how this affects your specific situation, contact our team on WhatsApp before making any travel decisions.
The visitor visa change is being implemented to address what the government calls "visa hopping": using a short-stay visitor visa as a tactical first step toward a longer-term stay rather than as a genuine temporary visit. The change is not aimed at tourists, holiday makers, or genuine family visitors. The No Further Stay condition does not affect how long you can stay in Australia during your visitor visa grant period. It only limits what you can do from within Australia at the end of or during that stay.
Change 2: No More Families on Most International Student Visas
Most new international students and Temporary Graduate visa holders will no longer be able to bring partners or dependent children to Australia on their visa. This applies to new visa grants going forward. The Minister confirmed families already in Australia under existing visa arrangements will not be affected.
| Student category | Can still bring family? | Notes |
|---|---|---|
| Most undergraduate students (bachelor's degrees and below) | No | No dependants on new student visa grants for most courses. India's largest enrollment cohort is affected. |
| Masters by coursework students | No | Masters by coursework is one of the highest-enrollment categories for Indian students. Dependants are not permitted on new grants. |
| PhD and research doctorate students | Yes | PhD candidates are exempt. Dependants can still be attached to PhD student visa grants. |
| Pacific and ASEAN nation students | Yes | Special nationality-based arrangements continue for Pacific and ASEAN country nationals. |
| Some government-sponsored students | Conditional | Separate arrangements may apply. Confirm with your sponsoring body and Home Affairs. |
| Indian students (all non-exempt courses) | No | India is not a nationality-based exemption. Indian students on most courses cannot bring dependants under the new rules. |
| Filipino students | Conditional | Philippines is an ASEAN nation. ASEAN-based exemption may apply depending on the specific arrangement. Verify directly with Home Affairs. |
| Temporary Graduate visa (485) holders | No | The restriction applies to graduate visas too, not just the initial student visa grant. |
| Existing families already onshore | Not affected | Burke confirmed: "Anyone who already has their family attached to a visa and is already here, we're not going to be breaking up families onshore." |
Australia had 680,582 international students enrolled in the year to May 2026, down 6.9 percent from the same period in 2025. India was the second-largest source country after China, accounting for 16 percent of students. Master's by coursework and bachelor's degrees account for the largest share of Indian student enrollments, meaning this change affects a substantial portion of prospective Indian international students whose partners or children would otherwise have accompanied them.
For Indian families planning to study in Australia
If you are an Indian student currently enrolled or currently holding a student visa, your existing dependants already in Australia are grandfathered under the policy and are not separated from you. If you are planning a new application for a course that is not a PhD or a government-sponsored program, plan the move without assuming a spouse or children can accompany you on your student visa. The pathway to bring family is not eliminated entirely, but dependants would need to qualify for their own separate visa if they want to be in Australia during your study period.
If your course is a PhD or a research doctorate, the exemption applies and your dependants can still be included on your visa application. The exemption is course-based, not institution-based. A PhD at any CRICOS-registered university still falls within the exempt category.
The restrictions on dependants change the cost and logistics of an Australian study move for many Indian families, but they do not affect student visa eligibility itself. Our Student Visa (500) service can walk you through what changes and what does not for your specific course and situation. For a quick eligibility check, use our free eligibility checker.
Change 3: Working Holiday Maker Year 2 and Year 3 Move to Ballot
Australia is introducing a ballot system for second-year and third-year Working Holiday Maker visas. This is a significant structural change. Previously, second and third-year Working Holiday Maker visas had no cap and were available to all eligible holders who completed the required regional work. The September 2026 announcement introduces caps and a ballot for both years for the first time.
| WHV year | Previous system | New system | Places | Work requirement to enter ballot |
|---|---|---|---|---|
| First year Subclass 417 or 462 |
Standard application (ballot already applies for India, China, Vietnam on 462) | No change to year 1 | 417: uncapped. 462 India: 1,000 ballot places per year (unchanged) | Not applicable |
| Second year | No cap. Available to all who completed 88 days regional work | Ballot system introduced. Cap introduced for the first time. | 45,000 ballot places | 88 days of qualifying regional work (unchanged from existing threshold) |
| Third year | No cap. Available to those who completed further regional work. Previously approximately 31,000 places granted per year. | Ballot system introduced. Places CUT from approximately 31,000 to 5,000. | 5,000 ballot places (sharp reduction) | 6 months of qualifying work (increased from previous threshold) |
The third-year Working Holiday visa previously had no cap. Approximately 31,000 third-year visas were granted in recent years. The new system reduces that to 5,000 ballot places, a reduction of roughly 84 percent. The government is also increasing the work requirement for year 3 eligibility from the previous threshold to 6 months of qualifying work. Applicants who complete the work requirement are still not guaranteed a place. They must complete the work and then enter the ballot.
What this means for Indian 462 holders specifically
Indian nationals apply for the first-year Work and Holiday visa (Subclass 462) through an existing ballot with 1,000 places per year. That system is separate and unchanged by the September 2026 announcement.
What changes for Indian nationals who already hold or obtain a first-year 462 visa is the pathway to year 2 and year 3. Previously, once you had the first 462 visa and completed 88 days of regional work, you could apply for a second year directly. Under the new system, you will need to enter the second-year ballot (45,000 places across all nationalities) and be drawn. The same logic applies to the third year.
The high search volume on queries like "australia lottery visa 2026 result date" and "australia ballot visa 2026 result date" visible in Google Trends reflects searches for the existing first-year 462 ballot draw outcomes. The new second and third-year ballot is a separate and additional process that will commence once the relevant regulatory instruments are in place.
No official commencement date for the WHV ballot system has been published as of late September 2026. The government has said it will stabilise processing times for Working Holiday Maker applications to approximately three months as part of this reform package.
Change 4: Student Course Transfers and Visa Hopping Tightened
Australia is closing a pathway that has been used by some international students to extend their stay in Australia indefinitely by repeatedly moving between courses or institutions, sometimes downgrading qualification levels to restart the clock on their student visa.
The new rule requires students to progress upward in their qualification level. Burke's statement at the National Press Club was direct: "You can go up the qualification scale, but only up the qualification scale."
This means a student who has completed a bachelor's degree cannot move to another bachelor's degree or a diploma purely to remain in Australia. Moving to a master's program after a bachelor's degree remains a natural progression that is acceptable. Moving from a master's to a certificate course to extend a stay is the behaviour the change is designed to prevent.
Students who genuinely need course transfers due to serious illness, institutional problems, or other verifiable circumstances will continue to have pathways available. Standard course transfers also remain possible in appropriate circumstances but may require a fresh visa application rather than a simple update to an existing one.
For the majority of Indian students enrolled in a single qualification pathway, this change does not affect their plans. It primarily affects students who had been using the Australian student visa system as a long-term residency mechanism through repeated course moves.
Change 5: Skilled Visa Processing Priorities Overhauled Under Directions 121 and 122
On 19 September 2026, two new Ministerial Directions came into effect and replaced Direction 119, which had itself only been in place since 25 July 2026. Ministerial Direction 121 sets the processing order for temporary skilled visas, primarily the Skills in Demand Subclass 482. Ministerial Direction 122 sets the processing order for permanent and provisional skilled visas, covering Subclasses 186, 189, 190, 491, and 494.
Both new Directions expand the priority sector list beyond what Direction 119 covered. The priority sectors now include: construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement, and defence, including AUKUS-related positions.
| Direction | Visa types covered | Priority 1 (highest) | Priority 2 | Priority 3 |
|---|---|---|---|---|
| Ministerial Direction 121 Effective 19 Sep 2026 |
Subclass 482 Skills in Demand (temporary skilled) | Applications in priority sectors — construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement, defence. Onshore and offshore applicants receive equal priority within this group. | Applications under the Specialist Skills stream (salary above AUD 146,576) | Other onshore applicants (Priority 4: offshore without family; Priority 5: all other) |
| Ministerial Direction 122 Effective 19 Sep 2026 |
Subclass 186 (ENS), Subclass 189, 190, 491, 494 (permanent and provisional skilled) | Applications in priority sectors. Applies regardless of whether the applicant is onshore or offshore. | Other onshore applicants | Offshore applicants not in priority sectors (Priority 4: all other) |
Both new Directions apply to applications already lodged and not yet finalised, not just new applications from 19 September onwards. If you had a pending 482 or 186 nomination or visa application that was lodged before 19 September 2026, your place in the processing queue may have changed as a result of these Directions.
For detailed guidance on the 482 visa including the full fee table, stream selection, and how to assess your occupation's priority tier status, see our Skills in Demand (482) complete guide. For employers who need a nomination and SBS lodged under the new priority framework, see our employer sponsorship (SBS) service.
What Has NOT Changed
A number of things circulating on community forums and social media as part of this announcement are either exaggerated or not part of the confirmed package. Based on the official Home Affairs source and confirmed reporting:
- Reports that tourist visa validity will be reduced from 12 months to 6 months are unconfirmed. This was reported in some media outlets but was not included in Burke's confirmed National Press Club address and does not appear on the Home Affairs policy page. Do not plan around this change until an official instrument is published.
- The student visa (Subclass 500) itself is not being abolished or restricted for Indian applicants. The primary student visa remains available. What changes is the dependant policy attached to new grants.
- Australian visa fees have not changed as part of this announcement. The July 2026 fee increases that took effect on 1 July 2026 were a separate annual adjustment. No additional fee increases were announced in the September 2026 package.
- Partner visas are not affected by this announcement. The 820, 801, 309, and 100 partner visa pathways continue to operate under existing rules. The No Further Stay condition change on visitor visas affects the onshore lodgement strategy for some couples but does not change partner visa eligibility itself.
- Skilled Independent (189) and Skilled Nominated (190) visa pathways are not affected by this announcement beyond the processing priority update.
- Existing visa holders are not being asked to leave. All valid visas remain valid. The changes apply to new applications and new grants.
What You Should Do Right Now
The commencement dates for each specific change are still being confirmed through regulatory instruments. However, the policy direction is clear and the changes are coming. Here is the most useful immediate action for each audience:
If you hold a visitor visa currently in Australia: Check your grant notice in VEVO to see what conditions are listed. If condition 8503 does not appear on your current grant, your rights remain as stated on that grant until it expires. If you are planning to lodge another visa from within Australia, take professional advice on your specific situation before the new blanket 8503 policy applies to any renewal or new visitor visa grant.
If you are an Indian student planning to apply for a new student visa: Unless your course is a PhD or a government-sponsored program, plan the move without dependants under the new rules. Get confirmation of the exemption status directly from Home Affairs or a qualified migration professional before lodging.
If you were planning a partner visa 820 from inside Australia after arriving on a visitor visa: The offshore partner visa (309/100) lodged from India is now the more reliable pathway given the blanket 8503 on future visitor visa grants. Our offshore partner visa (309) service covers the full offshore application from India.
If you are an employer in agriculture, aquaculture, resources, law enforcement or defence: Your 482 nominations now sit in a higher processing priority tier. Our employer sponsorship (SBS) service can help you move quickly on this advantage.
Every one of the changes announced in September 2026 interacts differently with individual circumstances: your current visa type, your family situation, your course, your occupation. Our lawyer-supervised team can assess how the new rules apply to your specific case. Chat with us on WhatsApp for same-day guidance, or use our initial assessment service for a full written pathway review.
Sources and Live Updates
This is a developing situation. Always check official sources for the latest status before making any decisions.
- Department of Home Affairs, Australian Government Migration Policy Changes (official): immi.homeaffairs.gov.au
- Business Standard: Australia student visa changes explained, September 25, 2026: business-standard.com
- BBC News, September 2026: bbc.com
- Hindustan Times, September 2026: hindustantimes.com
- The Hindu, September 2026: thehindu.com
Last reviewed: 26 September 2026. All information sourced from the Department of Home Affairs official policy page and confirmed reporting from Business Standard, BBC, Hindustan Times, and The Hindu. No official commencement dates have been published for all specific measures as of this date. EazyViza does not provide Indian consular, passport, or OCI services. For advice on your specific Australian visa circumstances, speak to a qualified migration professional.
Frequently asked questions
What are Australia's new migration rules announced in September 2026?
Home Affairs Minister Tony Burke announced five confirmed changes at a National Press Club address on 17 September 2026. First, a No Further Stay condition (condition 8503) will apply to all future visitor visa grants, blocking most onshore visa transitions. Second, most new international students and Temporary Graduate visa holders cannot attach a partner or dependent children to their visa. Third, Working Holiday Maker second-year visas will be allocated by ballot with 45,000 places, and third-year visas by ballot with 5,000 places, cut from approximately 31,000 previously. Fourth, students must progress upward in qualification level and cannot move sideways or downward through courses to extend a stay. Fifth, Ministerial Directions 121 and 122, effective 19 September 2026, expand priority processing for skilled visas to include agriculture, aquaculture, fishing, resources, law enforcement, and defence. The changes are being progressively implemented through regulation over 12 months. Separate commencement dates have not been published for most individual measures. Source: Department of Home Affairs, Australian Government Migration Policy Changes, 17 September 2026.
I am in Australia on a tourist visa and want to apply for the partner visa 820 onshore. Can I still do that?
This is the question most affected by the visitor visa change. The government has announced that condition 8503 (No Further Stay) will apply to all future visitor visa grants. Once this takes effect, a visitor visa will generally block you from lodging most other visa types from within Australia, including the onshore partner visa (820). If you are currently in Australia on a visitor visa that was granted before the new blanket 8503 policy came into force, your existing grant conditions do not change. Check your current grant notice in VEVO to see whether condition 8503 already appears. If it does not, your current onshore rights remain as stated on that grant until it expires. For couples where one partner plans to enter on a future visitor visa and transition to an 820 onshore, the offshore partner visa (309) lodged from the home country is now the more reliable pathway under the new rules.
Does the No Further Stay condition mean I have to leave Australia when my visitor visa ends?
No. Condition 8503 does not shorten your stay or require you to leave early. It only limits what you can apply for while you are in Australia. You can remain in Australia for the full length of stay stated on your grant notice. What condition 8503 prevents is lodging most other visa types from within Australia during or at the end of that visit. When your permitted stay expires, you need to either leave or have another valid visa in place. You cannot use a visitor visa carrying condition 8503 as a bridging step toward staying longer through a new onshore application, which is exactly the visa hopping behaviour the government is targeting.
My partner or family is already in Australia on my student visa. Do they have to leave under the new rules?
No. Burke confirmed explicitly: "Anyone who already has their family attached to a visa and is already here, we're not going to be breaking up families onshore." Existing families in Australia attached to a current student or graduate visa are grandfathered under the existing arrangements. The restriction applies to new visa applications lodged after the relevant regulatory instrument takes effect. If your dependants are already here on your existing student visa, they are not being asked to leave, and their current visa conditions remain in place.
Can Indian students still bring their wives, husbands, or children to Australia?
Not under most courses once the change takes effect. Indian students planning undergraduate degrees, master's by coursework, and most other non-exempt courses should plan their move without assuming a spouse or children can join them on their student or graduate visa. India is not among the nationality-based exemptions. The exemptions that exist are for PhD and research doctorate candidates (exempt regardless of nationality), Pacific and ASEAN nation nationals, and some government-sponsored students. A Filipino student, for example, may be covered under ASEAN arrangements, but this should be confirmed directly with Home Affairs. An Indian student enrolled in a PhD program is still exempt. An Indian student on a master's by coursework is not.
Is the student family ban already in force or is it coming later?
As of late September 2026, the changes were announced but official commencement dates for each individual measure had not been published. The government confirmed that implementation has started and will be progressively rolled out over the next 12 months through regulation. The measures do not all commence on 17 September 2026, and further regulatory instruments, ministerial directions, and transitional arrangements are expected. Do not assume the rule is already fully in force for your specific visa type. Verify the current status at immi.homeaffairs.gov.au before lodging any application. Source: Department of Home Affairs, 17 September 2026, confirmed by This Is Australia analysis.
What is the working holiday ballot for year 2 and year 3 in Australia?
Previously, second and third-year Working Holiday Maker visas had no cap and were available to anyone who completed the required regional work. The September 2026 announcement changes this for the first time. Second-year visas will be allocated through a ballot with 45,000 places. Applicants must complete 88 days of qualifying regional work to be eligible to enter the ballot. Third-year visas will be allocated through a ballot with 5,000 places, a sharp reduction from the approximately 31,000 third-year visas previously granted annually. The year 3 eligibility requirement has also been increased to 6 months of qualifying work. Completing the work requirement no longer guarantees a visa. You must also be drawn in the ballot.
I already completed my 88 days of regional work. Do I still need to enter a ballot for year 2?
Based on the announced policy direction, yes. The new ballot will apply to second-year Working Holiday Maker visas across all nationalities, not just to new applications from a specific date. Separate commencement details and any transitional arrangements for applicants who have already completed their regional work are still pending through the regulatory instruments. Once those instruments are published, they will clarify whether completion of regional work before the ballot commencement date creates any entitlement. Do not assume your completed 88 days automatically locks in a year 2 visa before the regulatory details are confirmed. Check the Department of Home Affairs Working Holiday Maker program page for updates before lodging.
Does the Working Holiday year 2 and year 3 ballot affect Indian nationals on the 462 visa?
Two separate ballot systems exist for Indian nationals and the 462 visa, and it is important not to confuse them. The first is the existing pre-application ballot for the first-year Subclass 462 visa, which has been in place since 2024-25. This gives Indian nationals 1,000 places per year for a first working holiday and is unchanged by the September 2026 announcement. The second is the new ballot for second and third-year Working Holiday Maker visas announced in September 2026. This applies to all Working Holiday Maker visa holders across nationalities, including Indian nationals who already hold a first 462 visa. Previously, second and third-year renewals had no cap for any nationality. Under the new system, Indian nationals who hold a first 462 visa will need to enter the new second-year ballot (45,000 places) rather than simply applying as before.
Are partner visas (820 or 309) affected by the September 2026 migration changes?
The partner visa pathways themselves are not changed. The 820 onshore and 309 offshore partner visas continue to operate under existing eligibility rules, processing times, and fees. What does change is the strategy some applicants were using: entering Australia on a visitor visa and then lodging an 820 onshore. With the announced blanket No Further Stay condition on future visitor visas, that onshore lodgement route is blocked by default for new visitor visa holders. If you are already in Australia on a visitor visa granted before this change and condition 8503 does not appear on your current grant notice, your existing rights remain until your grant expires. If you are outside Australia and your partner is an Australian citizen or permanent resident, the offshore partner visa (309) lodged from India or your home country is the appropriate pathway.
What are Ministerial Directions 121 and 122 and how are they different from Direction 119?
Ministerial Directions 121 and 122 replaced Direction 119 on 19 September 2026. Direction 119 had only been in effect since 25 July 2026. Direction 121 governs processing priority for the Subclass 482 Skills in Demand temporary skilled visa. Direction 122 governs processing priority for permanent and provisional skilled visas including Subclasses 186, 189, 190, 491, and 494. Both new Directions expand the priority sector list to include agriculture, aquaculture, fishing, resources, law enforcement, and defence alongside the existing construction, healthcare, and teaching sectors. A significant change from Direction 119 is that Priority 1 under both new Directions treats onshore and offshore applicants equally within priority sectors. Under Direction 119, onshore applicants were generally prioritised over offshore within each tier. The onshore advantage now applies only to non-priority sector applicants. Both Directions apply retroactively to applications already lodged and not yet finalised.
Is it true Australia is reducing tourist visa validity from 12 months to 6 months?
This is not confirmed. An earlier report of a tourist visa validity reduction from 12 months to 6 months circulated in some media but was not included in Burke's confirmed National Press Club address on 17 September 2026 and does not appear on the Department of Home Affairs policy page covering these changes. Multiple migration law firms with access to the speech transcript have explicitly flagged this as unconfirmed. Do not make travel or visa plans based on this reported change until an official regulatory instrument is published. The confirmed visitor visa change from the September 2026 announcement is the No Further Stay condition being applied to all future visitor visa grants, not a reduction in visa validity.
