Australian Immigration Update

Weekly immigration update | Updated 21 October 2026

The skilled program is moving again. The first 189 round of 2026-27 went ahead on 15 October, though official results are still not out. Victoria has introduced its own points test for state nomination. NSW has published its 190 selection framework and skills list.

Last week’s items still stand. The Universities Accord Bill has passed, the student visa reforms are three weeks in, and migration policy remains a three-way contest heading toward the election.

Below: what changed, what is still only a proposal, and what it means for your files.

1. Skilled migration: the 2026-27 program year is under way

Subclass 189

The first Skilled Independent (subclass 189) round of 2026-27 was held on 15 October. The previous round was 4 June 2026, with 10,000 invitations.
As at 20 October, Home Affairs had not published the invitation total, occupation cut-offs or tie-break dates.
Agent-reported invitation scores, not official minimums: 65 for construction trades such as carpenters, bricklayers, tilers and electricians; 65 to 75 for solicitors; 70 to 75 for registered nurses, midwives and physiotherapists; 75 to 90 for teachers and social workers; 85 to 100 for architects, actuaries, scientists and engineers.
IT and accounting occupations are largely absent from the reported invitations.
Invitees have 60 days to lodge. For this round that runs to 14 December 2026.

Range chart of points scores reported on 189 invitations on 15 October 2026: 65 for construction trades, 65 to 75 for solicitors, 70 to 75 for nurses, midwives and physiotherapists, 75 to 90 for teachers and social workers, and 85 to 100 for architects, actuaries, scientists and engineers — Agent-reported scores from the 15 October 189 round. Not official cut-offs.

State nomination

Victoria has introduced a Victorian Points Test (VPT) to rank every 190 and 491 Registration of Interest. It has seven factors: age (up to 300 points, highest at 20 to 29), English (up to 200), years of experience (up to 100), qualification (up to 100), occupation skill level (up to 50), partner skills (up to 50) and Victorian skilled earnings (up to 150 at 170,000 dollars or more). There is no pass mark. Invitations go to the highest totals overall and within each priority industry.
The Victorian 2026-27 program has not opened yet. When it does, earlier Registrations of Interest must be resubmitted. New fees apply: 60 dollars plus GST for a Registration of Interest, and 180 dollars plus GST for an invited 190 or 491 application.
NSW published its 190 selection framework and updated Skills List on 20 October. Rounds will run through the year without set dates, and invitations are valid for 14 days. The NSW 491 program remains closed.
Tasmania invited 45 subclass 190 candidates (lowest score 319) and 32 subclass 491 candidates (lowest score 88) on 15 October. Its next round has moved to Friday 23 October.
The ACT invited 261 subclass 190 candidates and no 491 candidates in its first round on 12 October.
Home Affairs data for 1 July to 31 August shows how slowly the year has started. Tasmania made 206 subclass 190 nominations, NSW 11, and Victoria and South Australia none.

Bar chart of maximum points per factor in the Victorian Points Test: age 300, English 200, skilled earnings in Victoria 150, years of experience 100, qualification 100, occupation skill level 50 and partner skills 50 — Victoria’s new points test rewards age above all. Source: Live in Melbourne.

Bar chart of subclass 190 nominations from 1 July to 31 August 2026: Tasmania 206, Northern Territory 91, Western Australia 17, NSW 11, Queensland 6, ACT under 5, South Australia 0 and Victoria 0 — A slow start for state nomination. Source: Home Affairs data via Emigrate Lawyers.

For your practice

Diary 14 December 2026 for every client invited on 15 October, and check skills assessment and English test validity at the invitation date.
Model a VPT score for every Victorian client now. Australian study, regional study and professional year points do not feature in the VPT factors, and age carries the most weight.
NSW invitations are valid for only 14 days. Have documents ready before an invitation arrives.
IT and accounting clients relying on a 189 invitation need a second pathway in the advice on file.
Update costs disclosures for Victorian nomination clients to include the new state fees.

2. Processing priorities: MD 121 and MD 122 set the order

Ministerial Directions 121 and 122 have applied since 19 September 2026. They replaced MD 119, which was in force for 56 days.
MD 121 covers subclass 482. Priority order: (1) construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement and defence; (2) Specialist Skills stream; (3) applicants onshore at lodgement; (4) offshore applicants not combined with another application; (5) all others.
MD 122 covers provisional and permanent skilled subclasses, including 189 and 190.
The Directions change processing order only. Eligibility criteria and occupation lists are unchanged.

For your practice

Re-check any timeline advice given to 482 clients while MD 119 applied. Offshore priority-sector applicants were ranked lowest under MD 119 and now sit at the top.
Record on file the date and basis of every processing-time estimate you give. Priorities can change at short notice.

3. Student visa reform: three weeks in

Three instruments commenced on 2 October 2026 and apply to applications made on or after that date:

Migration Amendment (Student Visa Reform) Regulations 2026 (F2026L01347)
Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026, LIN 26/102 (F2026L01348)
LIN 20/158 Amendment Instrument 2026, LIN 26/087 (F2026L01349)

The key changes:

Further student visas. Existing subclass 500 holders seeking another student visa as primary applicant generally must apply outside Australia. Onshore access remains for PhD students, DFAT or Defence-sponsored students, foreign government scholarship holders, primary and secondary school students, and some students affected by provider default.
Other temporary visa holders. Working holiday makers, training visa holders and temporary employer visa holders, among others, can no longer apply for a student visa onshore.
Family members. Dependants can be included only in limited cases: PhD students, government scholarship holders, and students from ASEAN or Pacific Island nations. Secondary applicants must apply at the same time and place as the primary. Subsequent entrant applications are no longer available.
The 28-day pathway. The pathway for former student visa holders to reapply within 28 days has been narrowed.
Coming next. From 1 July 2027, students changing providers will need a visa under a new student transfer stream. The Assistant Minister has said similar family restrictions will apply to Temporary Graduate visas, without separating families already in Australia.

For your practice

Lodgement date now decides which rules apply. Make sure it is recorded and evidenced on every student file.
Re-screen onshore student clients and any WHM client who planned to study. Advice given before 2 October may no longer hold.
Flag 1 July 2027 now for any client likely to change provider.

4. Parliament: Universities Accord Bill passes

The Universities Accord (Opening the Doors of Opportunity) Bill 2026 has passed both Houses. The Senate passed it on Monday 12 October with 43 amendments: 32 from the Greens, 6 from the Government and 5 from the Coalition.
The Government accepted a Greens amendment affecting ministerial powers over international student allocations. The Coalition opposed that amendment.

For your practice

Allocation settings shape provider capacity. Confirm offers and CoEs early for student clients with fixed intake dates.

5. Politics: three migration policies on the table

Coalition (announced 6 October).

Net overseas migration of 100,000 in 2028-29 and 2029-30, rising to 160,000 by 2031-32.
The permanent program capped at 185,000 places a year, with scope to lower it later.
Cap international student commencements at 240,000 a year, against 479,104 commencements in 2025. Each student visa would be linked to the enrolling institution.
Abolish the Temporary Graduate visa for most graduates. A post-study transitional visa would remain for PhD, health, education and regional university graduates. Current 485 holders would be grandfathered.
Second or subsequent temporary visa applications to be lodged offshore. Second and third-year working holiday makers could still reapply onshore.
Bridging visas nearly eliminated, and merits review removed for temporary visa refusals and offshore applicants.
A 30-day limit on onshore asylum claims, and the humanitarian intake halved to 10,000 a year.
Temporary skilled priorities shifted toward construction and regional employer sponsorship, with up to 5,000 more Specialist Skills workers a year.

One Nation. A cut of 750,000 over three years, taking net overseas migration negative.

Government. The Minister says current tracking puts net overseas migration at about 285,000, against about 290,000 projected in the last budget update. He argues the opposition plans would reduce skilled workers in health, aged care and residential construction.

Common ground: all three parties agree undergraduate students should not bring family members, and all three want more temporary skilled visa holders.

Bar chart of Coalition net overseas migration targets: 100,000 in 2028-29 and 2029-30, 130,000 in 2030-31 and 160,000 in 2031-32, against current tracking of about 285,000 — Coalition targets sit far below current migration. Sources: Liberal Party; Minister for Home Affairs.

For your practice

None of the opposition proposals is law. The 485 remains available under current rules.
Expect client questions. A short standard reply, kept on file, saves time and keeps advice consistent.

6. Overstayers and family violence

In September the Minister flagged a return to pre-2015 policy of detaining visa overstayers. He has said this will not mean ICE-style raids.
The Coalition has proposed restoring intelligence functions in Home Affairs to target overstayers.
Advocates warn both approaches could strengthen abusers who already use deportation threats. A national advocacy group has proposed a new three-year visa for victim-survivors.

For your practice

In partner matters, check that the client holds their own copies of visa documents and knows their current status.

7. Regulator watch

OMARA’s Monitoring team, set up in October 2025, proactively monitored 85 registered migration agents in 2025-26 and identified 43 instances of non-compliance.
OMARA sanctioned 28 registered migration agents in 2025-26.

The pattern is clear. Monitoring is proactive, and the regulator assesses what a file can prove. Care is not evidence. Proof is.

Dates to watch

Friday 23 October: next Tasmanian 190 and 491 round.
Any day now: first NSW 190 round for 2026-27, and official results for the 15 October 189 round on SkillSelect.
To be announced: Victorian 2026-27 program opens for Registrations of Interest under the VPT.
18 November: Home Affairs and OMARA presenting at the National Migration Conference.
14 December: lodgement deadline for clients invited in the 15 October 189 round.
1 July 2027: student transfer stream for provider changes.

Is your practice built to RUN?

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Sources

This update is general information for registered migration agents and is not legal advice. Check the primary legislation and Departmental guidance before advising clients.

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