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October 16, 2026

Australia plans to introduce a new Student Visa Transfer Stream from 1 July 2027, requiring international students who change education providers to obtain a new Student Visa before commencing their studies with the new provider. 

The Australian Government has announced significant reforms to the Student Visa (subclass 500) program, including changes to how international students can transfer between registered education providers. 

Under the proposed framework, students seeking to change providers after arriving in Australia will be required to apply through a new Student Visa Transfer Stream. 

The reform is scheduled to commence on 1 July 2027, following a temporary increase in the existing student transfer restriction period from six to 12 months. 

However, the Department of Home Affairs and Study Australia have confirmed that further details of the Transfer Stream are still being developed. 

Here is what international students should know about the announced changes and how they may affect future study plans. 

  1. What Is the Student Visa Transfer Stream?

The Student Visa Transfer Stream is a new pathway planned within Australia’s existing Student Visa (subclass 500) framework. 

Its purpose is to regulate transfers between education providers more closely and ensure that students changing providers continue to meet the requirements of the Student Visa program. 

Under the announced arrangements, international students who wish to transfer to another education provider after arriving in Australia will be required to apply for a new Student Visa through the Transfer Stream. 

The Australian Government has confirmed that students will need to receive their new visa before commencing studies with the new provider. 

This represents a significant change from the current arrangements, where a provider transfer does not necessarily require a new Student Visa application. 

  1. When Will the New Transfer Stream Start?

The Government has announced 1 July 2027 as the intended commencement date. 

Until then, the existing National Code transfer framework continues to operate, subject to the temporary 12-month restriction introduced on 2 October 2026. 

Period  Transfer arrangements 
Before 2 October 2026  General six-month restriction for transfers between registered providers 
2 October 2026 – 30 June 2027  Temporary 12-month restriction for non-school students 
From 1 July 2027  Transfer restriction scheduled to return to six months, alongside the planned Student Visa Transfer Stream 

The Department of Education has confirmed the temporary amendment to the National Code. 

The new Transfer Stream is a separate immigration reform, with further operational details yet to be published. 

  1. Will Students Need a New Student Visa to Change Providers?

Yes, under the announced 2027 framework. 

The Australian Government has stated that students seeking to change education providers after arriving in Australia will need to apply for a new Student Visa through the Transfer Stream. 

Importantly, students will need to wait until the new visa has been granted before commencing their course with the receiving provider. 

For example: 

A student currently enrolled at University A wishes to transfer to University B after the new arrangements commence. 

Under the announced framework, the student would need to satisfy the applicable transfer requirements and obtain the relevant Student Visa approval before beginning studies at University B. 

However, the Government has not yet published the complete application process or detailed eligibility criteria. 

Students should therefore avoid assuming that the current transfer procedures will remain unchanged after July 2027. 

  1. Will the New Student Visa Have a New Expiry Date?

One important feature of the announced Transfer Stream concerns visa validity. 

According to the Australian Government’s official announcement on 2 October 2026, the new Student Visa granted through the Transfer Stream will retain the end date of the original visa. 

For example: 

A student holds a Student Visa valid until 30 June 2029. 

If the student changes providers under the new Transfer Stream in 2027, the Government’s announced policy indicates that the replacement visa would retain the original visa’s expiry date. 

This means students should not assume that transferring to another education provider will automatically extend their permitted stay in Australia. 

Any further study extending beyond the existing visa validity period may require separate consideration under the applicable Student Visa rules. 

  1. Can Students Transfer to a Lower AQF Level?

The Australian Government has announced tighter restrictions on transfers involving the Australian Qualifications Framework (AQF). 

Under the planned reforms, transfers will generally be permitted at the same AQF level or to a higher AQF level, rather than to a lower level. 

The Government has also specifically announced restrictions on students entering Australia for Higher Education and subsequently transferring onshore to Vocational Education and Training (VET). 

For example: 

Proposed transfer  Announced policy direction 
Bachelor Degree (AQF 7) → Bachelor Degree (AQF 7)  Same-level progression 
Bachelor Degree (AQF 7) → Master Degree (AQF 9)  Higher-level progression 
Master Degree (AQF 9) → Bachelor Degree (AQF 7)  Downward AQF transfer 
Bachelor Degree (Higher Education) → VET Diploma (AQF 5)  Lower-level transfer and Higher Education-to-VET movement 

The first two examples align with the announced direction of same-level or higher-level transfers. 

The latter examples illustrate the types of movements the Government intends to restrict. 

However, students should not interpret these examples as automatic visa eligibility decisions. The final Transfer Stream criteria, including how different education sectors and qualifications will be assessed, have not yet been fully published. 

  1. What Is the Current 12-Month Transfer Restriction?

Before the new Transfer Stream commences, international students must comply with the existing transfer rules under the National Code of Practice for Providers of Education and Training to Overseas Students 2018. 

From 2 October 2026, the Australian Government temporarily extended the general transfer restriction period for non-school students from six months to 12 months of their principal course. 

The temporary arrangement will remain in place until 30 June 2027. 

During this period, a receiving education provider generally cannot enrol a transferring international student before the required period has passed unless an applicable exception is satisfied. 

Exceptions may include circumstances where: 

  • The releasing provider or course has ceased to be registered. 
  • A regulatory sanction prevents the student from continuing their course. 
  • The releasing provider agrees to the transfer and records the release through PRISMS. 
  • A government sponsor provides written support for the transfer in the student’s best interests. 

The restriction is not an absolute prohibition on transfers during the first 12 months. 

School students remain subject to the existing six-month restriction for their first registered school-sector course. 

  1. How Is the 2027 Transfer Stream Different From the Current Rules?

The key difference is the additional Student Visa requirement. 

Current framework – October 2026 to June 2027 

Students must satisfy the applicable National Code transfer requirements. 

Depending on their circumstances, a provider transfer may be possible without applying for a new Student Visa. 

Announced framework – from July 2027 

Students seeking to change providers after arriving in Australia will be required to apply for a new Student Visa through the Transfer Stream. 

The new visa must be granted before they commence studying with the receiving provider. 

The visa’s original expiry date will be retained under the announced policy. 

This means students will need to consider both education-provider transfer requirements and immigration requirements when planning a transfer. 

  1. What About Students Who Have Already Changed Providers?

The Study Australia guidance published on 7 October 2026 confirms that the Government is still developing the detailed Transfer Stream arrangements. 

It does not provide a complete set of transitional rules for every student who has already changed providers or is in the process of transferring. 

Students should therefore avoid assuming that all previously approved transfers will be treated identically under the future framework. 

Existing Student Visas remain subject to their current conditions, and students should continue complying with the rules applicable to their enrolment and visa circumstances. 

  1. How Much Will the Student Visa Transfer Stream Cost?

The Government has not yet confirmed a specific application charge for the new Transfer Stream. 

As of 12 October 2026, official guidance has not published the full fee structure, detailed application process or complete assessment criteria. 

It would therefore be premature to assume that the Transfer Stream will have the same application charge as a standard Student Visa application. 

Students should wait for further information from the Department of Home Affairs before making financial decisions based on anticipated Transfer Stream costs. 

  1. What Should International Students Do Before Changing Providers?

Students considering a transfer in 2026 or 2027 should carefully review their study pathway and visa circumstances. 

Before proceeding, they should: 

  1. Check the principal course: Confirm how long they have studied in their principal course and whether the current transfer restriction applies. 
  1. Understand the release requirements: Determine whether approval from the existing provider is required. 
  1. Review AQF progression: Compare the AQF levels and education sectors of the current and proposed courses. 
  1. Check Student Visa conditions: Ensure the proposed change is consistent with applicable visa requirements. 
  1. Consider the timing: Students planning a transfer close to July 2027 should monitor official announcements about the new Transfer Stream. 
  1. Avoid premature enrolment changes: Do not cancel an existing enrolment or commence with a new provider without confirming the applicable transfer and visa requirements. 

Key Takeaway 

Australia’s proposed Student Visa Transfer Stream, scheduled to commence on 1 July 2027, represents a significant change to the way international students transfer between education providers. 

Under the announced framework: 

  • Students changing providers after arriving in Australia will need a new Student Visa through the Transfer Stream. 
  • The new visa must be granted before studies commence with the receiving provider. 
  • The replacement visa will retain the original visa expiry date. 
  • Transfers will be restricted to the same or higher AQF levels under the Government’s announced policy direction. 
  • The temporary 12-month transfer restriction will revert to six months from July 2027. 

However, the full operational details remain under development. 

International students should monitor official announcements and carefully assess their education and visa arrangements before changing providers. 

Need Assistance With Your Study Pathway in Australia? 

EMK Global Education & Migration assists international students with education pathways, course selection and understanding the implications of changing education providers. 

If you are considering transferring to another institution or progressing to a new qualification, contact EMK Global to discuss your study options and obtain guidance relevant to your circumstances. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: Australia Governement, Study Australia & Department of Education  

 

October 12, 2026

EMK Global shares a successful Bridging Visa B outcome for Mr. A.R.S., whose visa was granted approximately two hours after an urgent processing request was submitted ahead of his scheduled overseas flight. Learn more about the case and how EMK Global supports clients with time-sensitive Australian visa matters.

October 8, 2026

Australia Extends International Student Transfer Restriction from 6 to 12 Months 

Australia has introduced a significant change to the rules governing international student transfers between education providers. 

From 2 October 2026, most international students outside the school sector are temporarily required to complete at least 12 months of their principal course before another registered provider can enrol them, unless an exception applies. 

Previously, the general transfer restriction period was six months. 

The change forms part of amendments to the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) and will operate as a temporary measure until 30 June 2027. From 1 July 2027, the restriction period is scheduled to return to six months.  

What Has Changed? 

The Australian Government amended Standard 7 of the National Code, which regulates transfers between registered education providers. 

Under the amended Standard 7.1, a receiving provider generally must not knowingly enrol an overseas student transferring from another registered provider unless the required transfer restriction period has passed. 

The rules are now: 

Student category  Transfer restriction 
Non-school students until 30 June 2027  12 months of the principal course 
Non-school students from 1 July 2027  6 months of the principal course 
School students  First 6 months of the first registered school sector course 

The 12-month restriction therefore applies temporarily to most non-school international students, including students in higher education and VET.  

When Did the New 12-Month Rule Start? 

The legislative instrument was registered on the Federal Register of Legislation on 1 October 2026 and commenced the following day, 2 October 2026. It is currently listed as in force.  

The Department of Education has also published separate guidance for international students explaining the temporary extension from six to 12 months.  

Does This Mean Students Cannot Transfer for 12 Months? 

Not necessarily. 

The change does not create an absolute ban on transfers during the first 12 months. 

Under the amended Standard 7.1A, a receiving provider may enrol a student during the restricted period in specified circumstances, including where: 

  • the releasing provider or the student’s course has ceased to be registered; 
  • the releasing provider has received a regulatory sanction preventing the student from continuing their course; 
  • the releasing provider agrees to the transfer, records the release and reason in PRISMS, and follows its transfer policy and process; or 
  • a government sponsor considers the transfer to be in the student’s best interests and provides written support.  

Therefore, the correct interpretation is not that international students are completely prohibited from changing providers during their first 12 months. 

Rather, students who have not completed the required period generally need to satisfy one of the exceptions, such as obtaining an approved release from their existing provider. 

What About Students Who Have Already Completed More Than Six Months? 

This is particularly important for students already studying in Australia. 

The amendment changes the restriction period to 12 months for non-school students on or before 30 June 2027. It is not limited only to students who commence their course after 2 October 2026.  

As a result, a student who had completed more than six months but less than 12 months of their principal course when the new rule commenced may again fall within the transfer restriction period. 

For example, completing seven or eight months of a principal course does not automatically mean a student can now transfer freely simply because they had already passed the previous six-month threshold. 

Their circumstances should be checked against the amended Standard 7 before proceeding with a transfer. 

Does the 12-Month Rule Apply to School Students? 

No. 

The Government has specifically retained the existing rule for school students. 

Where the releasing provider is an approved school provider, the restriction continues to apply during the first six months of the student’s first registered school sector course.  

The temporary increase to 12 months therefore applies to non-school students. 

What Is a “Principal Course”? 

The 12-month period relates to the student’s principal course, rather than simply 12 months from the date the student first arrived in Australia. 

This distinction can be particularly important for students with packaged courses. 

Students should therefore confirm which course is recorded as their principal course and when that course commenced before determining whether they have satisfied the transfer restriction period. 

Why Has Australia Introduced the 12-Month Restriction? 

The Australian Government describes the measure as part of broader reforms designed to strengthen the integrity of the international education and Student visa system. 

In its official announcement on 2 October, the Government described the 12-month rule as a transition measure operating until the introduction of further transfer reforms from 1 July 2027.  

The Government has stated that the reforms are intended to address inappropriate visa hopping and problematic transfer practices while maintaining pathways for genuine transfers.  

What Will Happen from 1 July 2027? 

The current 12-month rule is temporary. 

Under the amended National Code, the general transfer restriction period for non-school students will return to six months from 1 July 2027.  

However, another major reform is also planned from that date. 

The Government has announced that students seeking to transfer to another provider will need to obtain a new Student visa through a transfer stream before commencing study with the new provider. 

The Government has also stated that the new visa will retain the end date of the original visa.  

In addition, the announced transfer framework is intended to allow students to move across the same AQF level or to a higher level, rather than transferring down the AQF. The Government has specifically stated that students will no longer be able to transfer onshore from Higher Education to VET under this framework.  

These 1 July 2027 arrangements should be distinguished from the 12-month rule already operating now. 

What Should International Students Do Before Changing Providers? 

Students considering a provider transfer should not cancel their current enrolment or commence with another provider solely on the assumption that the old six-month rule still applies. 

They should first establish: 

  • how long they have completed in their principal course; 
  • whether the 12-month restriction applies to them; 
  • whether they require a release from their existing provider; 
  • whether an exception under Standard 7 applies; 
  • whether the transfer could affect their CoE and Student visa arrangements; and 
  • whether their proposed new study pathway is consistent with the current Student visa rules. 

The Department of Education has published specific guidance for students following the commencement of the new rules.  

Key Takeaway 

From 2 October 2026 to 30 June 2027, most non-school international students are subject to a 12-month transfer restriction period for their principal course, replacing the previous six-month period. 

However, this does not mean all transfers during the first 12 months are prohibited. Transfers can still occur in specified circumstances, including where the existing provider approves a release in accordance with Standard 7. 

From 1 July 2027, the National Code restriction is scheduled to return to six months, alongside broader Student visa transfer reforms announced by the Australian Government.  

EMK Global Education & Migration can assist international students in reviewing their current enrolment, transfer eligibility and study options before changing education providers. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: Department of Education 

October 8, 2026

Health Insurance Requirements for Australian Visa Holders: What You Need to Know 

The Australian Department of Home Affairs has reminded visa applicants and current visa holders of the importance of maintaining adequate health insurance throughout their stay in Australia. 

Depending on the visa subclass and applicable conditions, health insurance may be a mandatory requirement for obtaining or holding an Australian visa. 

The reminder is not a new immigration policy. Instead, it highlights existing obligations and encourages visa holders to review their insurance arrangements to ensure they remain compliant with their visa conditions. 

Who Needs Health Insurance in Australia? 

Health insurance requirements vary depending on the type of Australian visa. 

For some visas, applicants must provide evidence of adequate health insurance arrangements before their visa can be granted. Other visas are subject to Condition 8501 – Maintain Adequate Health Insurance. 

Under Condition 8501, visa holders must maintain adequate health insurance while they are in Australia. 

This condition is mandatory for certain visa subclasses and may be imposed at the Department’s discretion for others. 

Visa holders should check their individual visa grant letter or use the Department of Home Affairs’ Visa Entitlement Verification Online (VEVO) service to confirm their requirements. 

Which Australian Visas May Require Health Insurance? 

Several temporary visa categories are subject to health insurance requirements. 

Visa subclass  Health insurance considerations 
Student Visa (500)  Overseas Student Health Cover (OSHC) is required. 
Temporary Graduate Visa (485)  Adequate health insurance is required under Condition 8501. 
Skills in Demand Visa (482)  Adequate health insurance is required under Condition 8501. 
Training Visa (407)  Condition 8501 applies. 
Student Guardian Visa (590)  Health insurance requirements apply. 
Visitor Visa (600)  Condition 8501 may be imposed in certain circumstances. 
Working Holiday Visas (417/462)  Condition 8501 may apply depending on the visa grant. 

Applicants should not assume that all temporary visas have identical insurance requirements. 

The appropriate insurance product will depend on the visa subclass, visa conditions and individual circumstances. 

Health Insurance Requirements for Student Visa Holders 

International students holding a Student Visa (subclass 500) are subject to Condition 8501 and must maintain Overseas Student Health Cover (OSHC) while in Australia. 

OSHC helps international students meet their health insurance obligations and provides access to certain medical and hospital benefits. 

Students should ensure that their OSHC arrangements cover the required period of their stay, including when they extend their studies or apply for another Student Visa. 

It is particularly important to review insurance arrangements when: 

  • Extending a course or applying for a new Student Visa. 
  • Changing education providers or courses. 
  • Adding eligible family members to their visa arrangements. 
  • Experiencing a change in their expected study completion date. 

Students should also understand that OSHC does not necessarily cover every medical expense. Benefits, exclusions and out-of-pocket costs vary between policies. 

What Is Considered Adequate Health Insurance? 

According to the Department of Home Affairs, adequate private health insurance should generally provide protection for essential medical and hospital services. 

Recommended coverage includes: 

  • Medical consultations: General practitioners (GPs), specialists and other out-of-hospital medical services. 
  • Hospital treatment: Eligible treatment in public or private hospitals. 
  • Diagnostic services: Blood tests, pathology and X-rays. 
  • Prescription medicines: Eligible pharmaceutical expenses. 
  • Medical devices: Certain prostheses and medical devices. 
  • Ambulance services: Emergency treatment and medically necessary transport. 

The Department recommends reviewing the policy carefully to determine whether the benefits meet both the applicable visa requirements and the individual’s healthcare needs. 

What About Overseas Visitor Health Cover (OVHC)? 

For many temporary visa holders who are not international students, Overseas Visitor Health Cover (OVHC) is a common form of private health insurance. 

OVHC may be suitable for eligible temporary workers, graduates and other visitors, depending on the product and applicable visa conditions. 

However, not all OVHC products provide the same benefits or satisfy every visa requirement. 

Before purchasing insurance, applicants should confirm that their selected policy meets any applicable Condition 8501 requirements. 

Why Is Health Insurance Important in Australia? 

Australia’s public healthcare system, Medicare, provides access to subsidised medical services for eligible individuals. 

However, most temporary visitors are not automatically eligible for Medicare. 

Without Medicare or adequate private health insurance, individuals may be responsible for significant medical expenses, including treatment received in public hospitals. 

Some temporary residents may qualify for Medicare through specific eligibility arrangements, including Reciprocal Health Care Agreements. 

Nevertheless, Medicare eligibility does not automatically remove a visa holder’s obligation to comply with Condition 8501. 

The Department of Home Affairs also advises that outstanding healthcare debts may be considered in future visa applications. 

What Should Visa Holders Check Before Purchasing Insurance? 

Selecting health insurance should involve more than comparing monthly premiums. 

Visa holders should review the following: 

  1. Policy validity

Ensure the insurance remains active for the required period and that premiums are paid on time. 

  1. Waiting periods

Some policies impose waiting periods before benefits become available for certain treatments, including pre-existing medical conditions and pregnancy-related services. 

  1. Exclusions and limitations

Check whether the policy excludes particular treatments, medications or medical services. 

  1. Out-of-pocket expenses

Understand any excess, co-payment or patient contribution that may apply when receiving treatment. 

  1. Family coverage

Where relevant, confirm that eligible dependants have appropriate insurance arrangements. 

Reviewing these details can help visa holders avoid unexpected medical expenses and potential issues with their visa conditions. 

What Happens If a Visa Holder Does Not Maintain Adequate Health Insurance? 

Where Condition 8501 applies, maintaining adequate health insurance is a visa obligation. 

Failing to maintain the required insurance may constitute a breach of visa conditions and could have immigration consequences. 

The outcome will depend on the individual’s circumstances and applicable legal requirements. A lapse in insurance should not be interpreted as automatically resulting in visa cancellation. 

Visa holders who discover a gap in their insurance coverage should contact their insurer promptly and seek appropriate advice. 

Key Takeaway 

The Department of Home Affairs’ reminder reinforces an important responsibility for Australian visa applicants and temporary visa holders: health insurance requirements should be reviewed and maintained throughout the relevant period of stay in Australia. 

For international students, this generally means maintaining appropriate OSHC. 

For other temporary visa holders, adequate private health insurance, often through an OVHC product, may be required depending on their visa conditions. 

Understanding these obligations can help individuals remain compliant with their visa requirements while protecting themselves against unexpected healthcare expenses. 

Need Assistance With Your Australian Visa? 

EMK Global Education & Migration assists international students and prospective visa applicants in understanding their study and visa pathways in Australia. 

If you are applying for a Student Visa, extending your studies or reviewing your visa arrangements, contact EMK Global for assistance with your circumstances. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: Department of Home Affairs 

October 7, 2026

New Student Visa Rules from 2 October 2026: When Applicants Must Apply from Outside Australia 

Australia has introduced significant changes to Student visa (subclass 500) application rules from 2 October 2026, affecting where many applicants can lodge their visa application and where they must be when the visa is granted. 

Under the new rules, most Student visa applications must now be lodged from outside Australia. This includes many temporary visa holders and, importantly, most current Student visa holders seeking to apply for another Student visa. 

However, limited exemptions remain available for certain existing Student visa holders, including some students progressing to a higher level of study, PhD students, students affected by provider default and students requiring additional time to complete their existing course.  

The changes apply to applications lodged from 2 October 2026. Applications lodged before this date continue to be assessed under the rules that applied when they were submitted.  

What Changed on 2 October 2026? 

The new rules significantly restrict the circumstances in which a Student visa applicant can lodge another Student visa application while remaining in Australia. 

Home Affairs states that most applicants must now apply from outside Australia. An applicant can only apply in Australia where they hold an eligible visa and satisfy an applicable exemption.  

For applicants who are required to apply offshore, there are two important location requirements: 

  1. They must be outside Australia when the Student visa application is lodged; and
  2. They must also be outside Australia when the Student visa is granted.

This means the new rules affect not only where an application can be submitted, but potentially the applicant’s travel and study planning while the application is being processed. 

What About Temporary Visa Holders Who Are Not on a Student Visa? 

The rules are particularly strict for holders of affected temporary visas. 

Home Affairs states that where a person holds an affected temporary visa other than a Student visa, there are no exemptions allowing them to lodge the Student visa application in Australia. 

They must apply from outside Australia and must also be outside Australia when the Student visa is granted.  

Applicants should therefore check their current visa subclass before enrolling in a new course or making travel and financial commitments. 

Can Current Student Visa Holders Apply for Another Student Visa in Australia? 

In most cases, a current Student visa holder seeking another Student visa will now need to apply from outside Australia. 

However, unlike holders of other affected temporary visas, current Student visa holders may qualify for specific exemptions allowing them to lodge another Student visa while remaining in Australia.  

Home Affairs currently identifies exemptions including students who: 

  • need up to 12 additional months after their original course end date to complete their studies with the same education provider; 
  • are sponsored by DFAT or Defence; 
  • are applying to study a PhD; 
  • are applying for primary or secondary school studies; 
  • have completed their main course at an AQF level and are progressing to a course at a higher AQF level; 
  • have completed school studies and are progressing to a course without an AQF level; 
  • have completed a non-AQF course and are progressing to an AQF-level course; or 
  • cannot continue their course because their education provider has defaulted.  

These exemptions are important, but applicants should not assume that simply enrolling in another course is sufficient to qualify. 

New Course Progression Requirement 

One of the most significant exemptions concerns students who have completed a course and wish to progress to further study. 

Where the completed main course has an Australian Qualifications Framework (AQF) level, the new course must generally be at a higher AQF level for the student to rely on the course progression exemption and apply for another Student visa in Australia.  

There is also an additional requirement for students moving between higher education courses. 

Home Affairs states: 

If the completed course was a higher education course, the next course must also be a higher education course delivered by a higher education provider.  

This means students considering changing or extending their study pathway should carefully examine both the AQF level and the type of education provider before assuming they can lodge their next Student visa onshore. 

What If a Student Visa Dependant Wants to Become the Primary Applicant? 

The rules are particularly clear in this situation. 

If a person currently holds a Student visa as a dependant and wants to lodge a new Student visa as the primary applicant, they must: 

  • lodge the new Student visa application from outside Australia; and 
  • be outside Australia when the new visa is granted. 

Home Affairs specifically confirms that there are no exemptions to this rule.  

Importantly, this does not cancel or otherwise change the person’s existing Student visa. The new location requirement applies when they seek to lodge a new application as the primary applicant. 

What Happens If You Apply Onshore When You Are Required to Apply Offshore? 

This is one of the most important practical consequences of the reform. 

Home Affairs warns that if an applicant lodges a Student visa application in Australia when the rules require them to be offshore, the application will be invalid.  

An invalid application can create further complications, particularly where the person’s existing visa expires. 

For this reason, applicants should establish whether they are eligible to lodge onshore before submitting a new Student visa application. 

Can You Return to Australia While an Offshore Student Visa Is Processing? 

Potentially, yes. 

Home Affairs states that an applicant who has lodged their Student visa from outside Australia may return to Australia on another valid visa while the Student visa application is being processed. 

However, where the offshore location requirement applies, the applicant must again be outside Australia when the Student visa is granted.  

Another important difference is that an offshore Student visa application does not provide a Bridging visa linked to that application.  

Applicants should therefore carefully consider their lawful status and travel arrangements while waiting for a decision. 

What About Applications Lodged Before 2 October 2026? 

The new rules are not applied retrospectively to Student visa applications already lodged before commencement. 

Home Affairs confirms that applications lodged before 2 October 2026 will continue to be assessed under the rules that applied when the application was made.  

This also applies to applications lodged before the commencement date that included eligible family members. 

What Should International Students Do Now? 

The changes make forward planning increasingly important for students approaching the end of their current course or Student visa. 

Before enrolling in another course or lodging another Student visa application, students should check: 

  • their current visa subclass; 
  • whether they are permitted to lodge another Student visa in Australia; 
  • whether they satisfy one of the available exemptions; 
  • the AQF level of their completed and proposed courses; 
  • whether their proposed course represents qualifying course progression; 
  • whether they will need to leave Australia before lodging; and 
  • whether they must also be outside Australia when the visa is granted. 

Home Affairs specifically advises applicants to check these requirements before making visa, travel, financial or enrolment decisions.  

Key Takeaway 

From 2 October 2026, Australia’s Student visa rules significantly limit the ability of applicants to lodge a new subclass 500 application while in Australia. 

Most affected applicants must now apply from outside Australia and be outside Australia when the visa is granted. 

Current Student visa holders may still be able to lodge another Student visa onshore where they satisfy a specific exemption, including certain course progression, PhD, course completion and provider default circumstances. 

However, a Student visa dependant seeking to become the primary Student visa applicant must apply offshore, with no exemption available.  

Because an application lodged from the wrong location may be invalid, students should confirm the applicable rules before changing courses, making travel arrangements or submitting another Student visa application.  

EMK Global Education & Migration can assist international students in reviewing their study pathway, course progression and Student visa options under the new rules. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: Department of Home Affairs 

September 29, 2026

Ministerial Direction 122: New Processing Priorities for Permanent and Provisional Skilled Visas in Australia 

Australia has introduced a new processing priority framework for certain permanent and provisional skilled visas under Ministerial Direction 122 (MD122). 

Signed by the Minister for Home Affairs, Immigration and Citizenship, Tony Burke, on 18 September 2026, Direction 122 commenced the following day on 19 September 2026. 

Together with Ministerial Direction 121, the new Direction replaces the skilled visa processing priorities previously operating under Ministerial Direction 119. While MD121 applies to temporary skilled visas, including the Skills in Demand visa (subclass 482), MD122 applies to a range of permanent and provisional skilled visas. 

The change is particularly important for applicants working in designated priority sectors and for skilled migrants who were already in Australia when they lodged their visa application. 

What Is Ministerial Direction 122? 

Ministerial Direction 122 is formally titled “Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas.” 

It was issued under section 499 of the Migration Act 1958 and directs relevant decision-makers on the order in which specified skilled visa applications should be considered. 

Importantly, MD122 changes processing priority, not the eligibility requirements for these visas. 

The Direction specifically states that it does not change the composition of skilled migration occupation lists. Applicants must still satisfy the relevant requirements under Australia’s migration legislation before a visa can be granted. 

The Direction also applies to relevant applications lodged before 19 September 2026 that had not yet been finally determined, as well as applications made from its commencement.  

Which Visas Are Covered by Direction 122? 

Direction 122 applies to ten provisional and permanent skilled visa subclasses: 

Subclass  Visa 
186  Employer Nomination Scheme 
187  Regional Sponsored Migration Scheme 
189  Skilled Independent 
190  Skilled Nominated 
191  Permanent Residence (Skilled Regional) 
489  Skilled Regional Sponsored (Provisional) 
491  Skilled Work Regional (Provisional) 
494  Skilled Employer Sponsored Regional (Provisional) 
887  Skilled (Residence) 
888  Business Skills (Permanent) 

The complete list appears in the Schedule on page 7 of Direction 122. md-122 (1) 

Subclass 482 is not covered by MD122. Temporary skilled visa processing, including the Skills in Demand (subclass 482), is dealt with separately under Ministerial Direction 121.  

What Is the New Processing Priority Order? 

Under MD122, relevant applications are divided into four levels of processing priority. 

Priority 1 – Key Sectors and National Interest Occupations 

The highest priority is given to primary applicants whose nominated position falls within specified occupations relating to: 

  • Construction 
  • Healthcare 
  • Teaching 
  • Agriculture 
  • Aquaculture 
  • Fishing 
  • Resources 
  • Australia’s law enforcement interests 
  • Australia’s defence interests 

This priority applies before the general distinction between applicants who lodged onshore and offshore.  

The actual definitions are important. MD122 does not simply say that anyone employed by a company operating in one of these industries automatically receives Priority 1. 

For example, the Direction defines particular ANZSCO groups and occupations that qualify as Construction occupations, including Construction Trades Workers, Construction Managers, Civil Engineering Professionals, certain building and engineering technicians, structural steel and welding trades workers, crane operators and electricians. 

Healthcare similarly includes specified groups and occupations such as Health Professionals, Medical Scientists, Counsellors, Psychologists, Social Workers, Aged or Disabled Carers, Nursing Support Workers and Personal Care Assistants. 

Teaching includes specified teaching occupations as well as School Principals, University Lecturers, Vocational Education Teachers and Child Care Workers. 

Applicants should therefore determine whether their actual nominated occupation falls within the definition contained in MD122, rather than relying only on the general industry in which they work. 

Priority 2 – Other Applicants Who Lodged in Australia 

Where Priority 1 does not apply, the next priority is given to other visa applications where the primary applicant was in Australia at the time the application was lodged. 

This preserves an important onshore priority within the skilled migration processing framework. 

The preamble to MD122 explains that, outside the designated priority sectors, priority is afforded to skilled migrants already contributing to Australia before other applicants. 

Priority 3 – Certain Offshore Primary Applicants 

The third priority applies where the primary applicant: 

  • was outside Australia when the application was made; and 
  • the application is not combined with another person’s application at any time. 

Applications that do not fall within the first three categories are placed into the fourth and lowest priority group. Home Affairs currently publishes the same four-level hierarchy in its skilled visa processing guidance.  

What Happens to Family Members Included in an Application? 

Direction 122 also deals specifically with combined applications. 

Where an application is validly combined with the primary applicant’s application in accordance with the Migration Regulations, it is given the same processing priority as the primary applicant’s application. 

This is relevant to family members included as secondary applicants in a skilled visa application. 

Does Priority Processing Mean Faster Visa Approval? 

Not necessarily. 

MD122 determines the order in which applications are considered and processed. It does not guarantee a specific processing time and does not make an applicant more likely to satisfy the criteria for visa grant. 

An applicant receiving Priority 1 must still satisfy all relevant requirements for their particular visa. 

Likewise, an application receiving a lower processing priority has not been refused or assessed as weaker. It simply sits at a different level within the Department’s processing framework. 

What Does MD122 Mean for Skilled Visa Applicants? 

For applicants with pending or planned applications for visas such as 186, 189, 190, 491 and 494, there are now two particularly important questions: 

First, does your nominated occupation fall within one of the specifically defined Priority 1 sectors or national-interest categories? 

Second, if it does not, were you physically in Australia when you lodged your application? 

These factors can affect where an application sits within the processing hierarchy. 

Because MD122 also applies to applications lodged before its commencement that had not been finally determined, some existing applicants may now find their application positioned differently under the new framework. 

However, applicants generally do not need to lodge a new application simply because the processing priority framework has changed. 

Key Takeaway 

From 19 September 2026, Ministerial Direction 122 establishes a new processing order for specified permanent and provisional skilled visas. 

The highest priority is now given to specified occupations in Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing and Resources, together with occupations connected to Australia’s law enforcement and defence interests. 

Outside these priority categories, applicants who were in Australia when they lodged their application receive the next level of priority. 

Most importantly, MD122 should be understood as a change to visa processing order — not visa eligibility criteria, occupation lists or the requirements for visa grant. 

Applicants with a pending or planned skilled visa application should review how the new Direction applies to their nominated occupation, location at the time of lodgement and visa subclass. 

EMK Global Education & Migration can assist skilled migration applicants in reviewing their circumstances and understanding available visa pathways under Australia’s current skilled migration framework. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: Department of Home Affairs 

 

September 26, 2026

Australia Introduces New Family Visa Processing Priorities Under Ministerial Direction 117 

Australia has introduced new Family visa processing priorities under Ministerial Direction 117 (MD117), changing the order in which the Department of Home Affairs considers Family stream visa applications. 

Ministerial Direction 117 replaced the previous Ministerial Direction 102 on 25 July 2026 and now determines processing priorities across a range of Australian Family visas, including Partner, Child, Parent and Other Family visa applications. 

One of the most significant changes is that eligible Family visa applications lodged while the primary applicant is in Australia receive the highest processing priority, while applications involving applicants outside Australia generally receive a lower priority. 

For Partner visa applicants, Home Affairs specifically confirms that onshore Partner visa applications (subclasses 820 and 801) receive the highest priority, while offshore Partner and Prospective Marriage visa applications receive a lower processing priority. 

What Is Ministerial Direction 117? 

Ministerial Direction 117 is formally titled: 

“Order for considering and disposing of Family visa applications under sections 47 and 51 of the Migration Act 1958.” 

It sets the order in which decision-makers must consider and process Family migration applications. 

MD117 took effect on 25 July 2026, replacing Ministerial Direction 102. 

Home Affairs states that decision-makers are required to follow the priorities established by the Direction while having regard to the Australian Government’s policy intentions for the size and composition of the Migration Program, as well as Australia’s international legal obligations. 

Onshore Family Visa Applications Receive the Highest Priority 

Under Ministerial Direction 117, the highest priority is given to Family visa applications where: 

  • the primary applicant was in Australia when the application was made; and 
  • the relevant visa can be granted while the applicant is in Australia. 

Lower priority is given where the primary applicant: 

  • was outside Australia when the application was lodged; or 
  • is required to be outside Australia when the visa is granted. 

This distinction is particularly important for Partner visa applicants because it creates a clear difference in processing priority between eligible onshore and offshore applications. 

How Does MD117 Affect Partner Visas? 

Home Affairs specifically confirms that Partner visa applications are processed according to Ministerial Direction 117. 

Applications are generally assessed in the order they are received within the applicable priority framework, with the highest priority given to onshore Partner visa applications for subclasses 820 and 801. 

Lower priority applies to offshore applications for: 

  • Prospective Marriage visa (subclass 300); and 
  • Partner visa (subclasses 309 and 100). 

Home Affairs also states that applications with lower priority are likely to experience longer processing times. 

However, this should not be interpreted as a guarantee that every subclass 820 or 801 application will be finalised faster than every offshore Partner visa application. 

Individual processing times can still vary depending on the circumstances and complexity of each application. 

What Is the Processing Order for Family Visas Under MD117? 

Within the relevant onshore and offshore priority categories, Ministerial Direction 117 establishes the following processing order: 

Priority  Family Visa Category 
1  Applications subject to ministerial intervention 
2  Partner or dependent child applications 
3  Orphan relative applications 
4  Contributory parent or contributory aged parent applications 
5  Carer applications 
6  Parent, aged parent, remaining relative or aged dependent relative applications 

This means Partner and dependent child applications receive relatively high priority within the Family migration processing framework. 

It is important to note that Family visa applications subject to capping and queuing may also be affected by Ministerial Direction 103, which provides for processing in queue-date order for relevant applications. 

Does Higher Priority Mean a Visa Will Be Granted Faster? 

Not necessarily. 

Ministerial Direction 117 determines processing priority, not visa eligibility and not the outcome of an application. 

A higher processing priority does not: 

  • guarantee a particular processing time; 
  • guarantee that a visa will be granted; 
  • remove any eligibility requirements; or 
  • allow an applicant to avoid providing required supporting evidence. 

Home Affairs states that processing times vary according to the individual circumstances of each case. 

Applicants must still satisfy all legislative and visa requirements before a Family visa can be granted. 

What Are the Current Partner Visa Processing Times? 

Home Affairs currently reports a median processing time of 23 months for the Partner (Provisional/Temporary) visa category, based on July 2026 data. 

However, this is a category-level median and should not be interpreted as the processing time for every individual Partner visa application. 

Processing times can vary between Partner visa subclasses and individual applications. 

Home Affairs specifically notes that Partner visa applications are processed according to MD117 and that applications are generally assessed in date order within each priority group. 

Applicants should therefore use the Department’s Visa Processing Time Guide for the most relevant indication for their particular visa subclass. 

Can a Family Visa Application Receive Priority Processing? 

Yes, but only in limited circumstances. 

Ministerial Direction 117 allows a Family stream visa application to be prioritised where: 

  • the application involves special circumstances of a compassionate nature; and 
  • there are compelling reasons to depart from the normal order of priority. 

Any decision to give an application priority processing is made on a case-by-case basis. 

For Partner visa applications, Home Affairs makes clear that there is no guarantee that a priority processing request will be approved. 

Applicants seeking priority processing must provide all required supporting documents and evidence supporting the circumstances relied upon. 

Home Affairs also advises that most requests for priority processing cannot be approved. 

Priority Processing Does Not Guarantee a Partner Visa Grant 

Even where Home Affairs agrees to prioritise a Partner visa application, this does not guarantee approval. 

The applicant must still satisfy all applicable visa requirements. 

For applicants who already hold a temporary Partner visa subclass 309 or 820, Home Affairs also states that two years must have passed since the Partner visa application was made before the applicant can generally become eligible for assessment of the permanent visa. 

If the applicant is not yet eligible for permanent-stage assessment, Home Affairs cannot consider a request to prioritise that permanent visa assessment. 

Family Migration Program in 2026–27 

The Australian Government has allocated 52,460 places to the Family stream of the 2026–27 Migration Program. 

For planning purposes, this includes: 

  • 41,500 Partner visa places; and 
  • 3,500 Child visa places. 

The order in which Family Program applications are assessed is determined by the relevant Ministerial Directions, including MD117. 

Parent and Other Family visa categories may also be subject to capping and queuing arrangements. 

What Should Partner and Family Visa Applicants Do? 

Applicants with a current or planned Family visa application should understand where their application sits within the MD117 processing framework. 

In particular, applicants should: 

  • identify whether their application is onshore or offshore; 
  • confirm the relevant visa subclass; 
  • ensure all required supporting documents have been provided; 
  • keep Home Affairs informed of relevant changes in circumstances; 
  • monitor the application through ImmiAccount; and 
  • avoid assuming that higher processing priority guarantees a faster decision or visa grant. 

Applicants considering a request for priority processing should also carefully review Home Affairs requirements and ensure they have clear evidence of any claimed compassionate and compelling circumstances. 

What Does MD117 Mean for Australian Family Migration? 

Ministerial Direction 117 introduces a clearer processing hierarchy across Australia’s Family Migration Program, with eligible onshore applications receiving the highest priority and Partner and dependent child applications ranked highly within the relevant processing categories. 

For Partner visa applicants, the practical distinction is particularly important: onshore subclasses 820 and 801 receive higher processing priority than offshore subclasses 300, 309 and 100 under the current framework. 

However, MD117 changes the order of processing rather than the underlying eligibility requirements for Family visas. 

Applicants should therefore continue to focus on lodging a complete, accurate and well-supported application while monitoring official Home Affairs updates regarding processing times and priorities. 

Need Assistance with an Australian Partner or Family Visa? 

Australian Partner and Family visa requirements can be complex, particularly where applicants need to understand the interaction between visa eligibility, onshore and offshore applications, processing priorities and supporting evidence. 

EMK Global Education & Migration can assist applicants in reviewing their circumstances and understanding available Partner and Family visa pathways. 

Contact EMK Global for an assessment of your circumstances and available Australian migration options. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: Home Affairs 

September 19, 2026

The Australian Government has announced an $85.2 million investment in Migration Skills Recognition Reform as part of the 2026–27 Federal Budget, with a focus on faster and more flexible skills assessments for migrant trades workers and improved pathways from skills assessment to occupational licensing. 

Announced on 12 May 2026, the reform represents a significant investment in modernising Australia’s migration skills recognition system and helping appropriately skilled migrants enter the Australian workforce more efficiently. 

What Is the $85.2 Million Migration Skills Recognition Reform? 

Under the 2026–27 Federal Budget, the Australian Government will provide $85.2 million over four years from 2026–27 to the Department of Employment and Workplace Relations to improve the recognition of migrant skills. 

The funding is divided into three key measures: 

Measure  Government Investment 
New modern skills assessment system for Trades Recognition Australia (TRA)  $75.1 million over four years 
New skills assessment program for onshore visa holders  $5.6 million over three years 
Stronger regulatory oversight of Assessing Authorities  $4.5 million over four years 
Total  $85.2 million 

The reform is designed to support faster and more flexible skills assessments while improving the connection between skills recognition and occupational licensing. 

$75.1 Million for a New TRA Skills Assessment System 

The largest component of the investment is $75.1 million over four years for a new, modern skills assessment system for Trades Recognition Australia (TRA). 

According to the Federal Budget, the new system is intended to facilitate the integration of occupational licensing into the skills recognition process. 

The Government will also work with states and territories to pilot streamlined assessment-to-licensing pathways for priority trades, including occupations such as electricians and plumbers. 

This is particularly significant because completing a migration Skills Assessment and obtaining the occupational licence required to work in a regulated trade can involve separate processes. 

The proposed streamlined pathways aim to improve the transition between skills recognition and occupational licensing for relevant migrant trades workers. 

$5.6 Million for Skills Assessments for Onshore Visa Holders 

A further $5.6 million over three years will fund a new TRA skills assessment program for onshore visa holders. 

According to the Budget, the program will seek to ensure that existing qualifications and practical trade experience held by eligible visa holders can be recognised for the purposes of gaining employment and helping address workforce shortages. 

This component is particularly relevant to migrants who are already living in Australia but may face barriers to having their overseas trade skills formally recognised. 

Further details regarding eligibility and operation of the new program will need to be monitored as they are released by the Australian Government and TRA. 

$4.5 Million to Strengthen Oversight of Assessing Authorities 

The Government will also invest $4.5 million over four years to strengthen regulatory oversight of migration Assessing Authorities. 

The measure is intended to improve: 

  • performance; 
  • transparency; and 
  • accountability across the skills assessment system. 

One notable change announced in the Budget is that every Assessing Authority will be required to publish an annual Assessing Authority Performance Report from 2027. 

This could provide applicants and other stakeholders with greater visibility over the performance of organisations responsible for migration Skills Assessments. 

The Department of Employment and Workplace Relations will also consult on requirements for a skills migration commissioner. 

Why Is Australia Reforming Migration Skills Recognition? 

Skills recognition plays an important role in Australia’s skilled migration and workforce systems. 

For many skilled migration pathways, applicants must obtain a suitable Skills Assessment from the relevant assessing authority for their nominated occupation. 

At the same time, workers in certain regulated trades may also need to satisfy state or territory occupational licensing requirements before they can work independently in their occupation. 

The 2026–27 Budget specifically states that the Government’s $85.2 million investment will accelerate skills assessments for migrant trades workers and occupational licensing, making it faster for them to enter the workforce. 

The reform therefore focuses not only on migration assessment but also on improving the pathway between recognition of overseas skills and participation in the Australian labour market. 

What Does the Reform Mean for Skilled Migrants? 

For migrant trades workers, the reform could lead to a more modern and streamlined skills recognition process as the new measures are implemented. 

The most significant developments include: 

  • a new TRA skills assessment system; 
  • closer integration between skills assessment and occupational licensing; 
  • streamlined assessment-to-licensing pilots for priority trades such as electricians and plumbers; 
  • a new assessment program for eligible onshore visa holders; and 
  • stronger oversight and transparency requirements for Assessing Authorities. 

However, applicants should distinguish between announced reforms and current assessment requirements. 

The $85.2 million investment does not mean that existing Skills Assessment requirements have automatically changed. 

Until TRA or another relevant Assessing Authority formally introduces new requirements or processes, applicants should continue following the current rules applicable to their occupation and assessment pathway. 

Does the Reform Apply Only to Trades Recognition Australia? 

A significant proportion of the funding is directly related to TRA. 

Of the total $85.2 million investment, $75.1 million is allocated to developing TRA’s new skills assessment system, while another $5.6 million will support the new TRA program for onshore visa holders. 

However, the remaining $4.5 million regulatory oversight measure is broader, as it relates to Assessing Authorities and includes the requirement for every Assessing Authority to publish an annual performance report from 2027. 

Applicants in professional occupations should therefore continue monitoring updates from their own assessing authority rather than assuming that TRA-specific changes will apply to them. 

What Should Skills Assessment Applicants Do Now? 

Applicants who are currently preparing a Skills Assessment do not need to wait for the reform to be fully implemented unless a relevant assessing authority specifically announces a change affecting their application. 

For now, applicants should continue to: 

  • identify the correct nominated occupation; 
  • confirm the appropriate assessing authority; 
  • select the correct Skills Assessment pathway; 
  • review qualification and employment requirements; 
  • prepare the required supporting evidence; and 
  • monitor official updates from the relevant assessing authority. 

Skills Assessment requirements can differ significantly between occupations and assessing authorities, so applicants should avoid assuming that one assessment process applies across all skilled migration occupations. 

What Happens Next? 

The $85.2 million Migration Skills Recognition Reform represents a substantial investment in modernising Australia’s approach to recognising migrant skills. 

The Government’s focus on faster assessments, occupational licensing, recognition of skills held by onshore visa holders and greater oversight of Assessing Authorities could have important implications for Australia’s skilled migration system as the reforms are progressively implemented. 

Further operational details are expected to emerge through the Department of Employment and Workplace Relations, TRA and other relevant Assessing Authorities. 

Applicants should therefore continue monitoring official announcements before making decisions based on anticipated changes. 

Need Assistance with Your Skills Assessment? 

Navigating Australia’s Skills Assessment system can be complex, particularly where requirements differ according to occupation, qualifications, employment history, country of passport and assessment pathway. 

EMK Global Education & Migration can assist applicants with reviewing their skilled migration options, identifying the relevant assessing authority and preparing for the Skills Assessment process. 

Contact EMK Global for an assessment of your circumstances and available skilled migration pathways. 

Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions. 

Source: TRA & Budget Australia