Burke’s migration overhaul: the directions that actually move the queue

During his speech on 17 September 2026, Home Affairs Minister Tony Burke confirmed a major overhaul of the temporary migration system. Today’s article covers the proposed changes and their implications.

Two new Ministerial Directions, Direction 121 and Direction 122, were signed on 18 September 2026 and commence on 19 September, affecting skilled and work visa applications. They need to be read together, because between them they now cover almost the whole skilled program.

Direction 121 applies to subclass 482, both Skills in Demand and the legacy Temporary Skill Shortage. The order is:

1. Construction, healthcare, teaching, agriculture, aquaculture, fishing and resources occupations, plus occupations tied to Australia’s law enforcement and defence interests. All of equal priority.
2. Subclass 482 applications in the Specialist Skills stream.
3. Everyone else who lodged while in Australia.
4. Everyone else who lodged from overseas as a single applicant.
5. Everything else.

Direction 122 applies to subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. Its order is:

1. The same critical sector, law enforcement and defence occupations.
2. All other applications where the primary applicant was in Australia when they lodged.
3. All other applications where the primary applicant was outside Australia and lodged on their own.
4. Everything else.

Earlier in the speech, Minister Burke also announced:

Family members on student and graduate visas

International students and Temporary Graduate (subclass 485) visa holders can no longer add close family members to their applications. Exceptions apply to Pacific and ASEAN nationals, and to PhD candidates. Families already in Australia can stay in Australia.

Student progression, the qualification scale

Students can generally only progress to a higher-level qualification, for example bachelor’s to master’s. Visa extensions and provider transfers remain available where there is a legitimate reason. The stated aim is to stop course-hopping used to extend a migration pathway, not to restrict genuine study progression. Student visa planning levels are unchanged. The National Planning Level stays at 295,000 new commencements, the same as 2026.

Visitor visas

All new visitor visas carry a “No Further Stay” condition, closing the path from visitor visa to onshore extension.

Working Holiday visas

Second and third year visas move to a ballot. 45,000 places for year two, 5,000 for year three. Regional work requirement stays. Processing expected to stabilise around three months.

Skilled visa points and priority

Construction and housing trades get points parity with university qualifications. Processing priority goes to healthcare, construction, education, defence, law enforcement, resources, agriculture, aquaculture and fishing.

Visa overstayers targeted

100 additional compliance officers. 250 additional detention beds. Increased action against visa overstayers.

Migration and education agent conduct under scrutiny

Stronger sanctions or deregistration for agents who knowingly lodge applications without merit.

Targets

Net overseas migration: 245,000 this financial year, 225,000 in 2027 to 2028.

Still pending legislation

An expression of interest system for student visas, and changes to the treatment of non-genuine protection claims. Neither is confirmed yet.

What actually matters

From today, a critical sector occupation is priority one whether the applicant is in Australia or offshore. Agriculture, aquaculture, fishing and resources have been added to that tier as well.

Revise your visa application processes and update advice for prospective students. Be aware of the inability to apply for further visas from visitor visas. Keep your processes in order and reference your files, as the regulations are getting stricter and good record management will be essential.

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