August 2026 wrap-up

• • Despite ongoing processing delays across a number of visa categories, August still brought some welcome outcomes for our clients, including across the Employer Nomination Scheme (‘ENS’) (subclass 186) visa and standard business sponsorship categories.

• • In early August, the Department of Home Affairs (‘DHA’) held its quarterly stakeholder meeting, providing further insight into its onshore-focussed approach to the migration program. The DHA confirmed that the 2026–27 permanent migration program remains set at 185,000 places, with approximately 70% allocated to migrants already in Australia. This onshore focus is the result of the recent Ministerial Directions 117, 119 and 120 (for more information on these Directions, see our July 2026 blog post). Although offshore applications will continue to be processed, the DHA acknowledged the effect these priorities may have on processing times, particularly for offshore partner visa applicants. The DHA also confirmed a significant shift within the skilled component of the migration program, with the planning level for employer-sponsored visas increasing from 44,000 to 58,000 places. This has been accompanied by reduced regional allocations, with the DHA indicating that its regional migration review found employer-sponsored programs produced better outcomes in terms of migrant income and retention than the subclass 491 regional visa program. Designated Area Migration Agreements (‘DAMAs’) will nevertheless continue to play an important role in addressing regional workforce needs. The DHA also noted a significant increase in new DAMA agreements and variations over the past 12 months, with increased demand resulting in prolonged processing times for new agreements.

• • First announced in September 2025 with further details released March 2026 by Immigration New Zealand (‘INZ’), significant changes to the Skilled Migrant Category (‘SMC’) have come into effect from 24 August 2026. The changes introduce two new residence pathways alongside the existing points-based pathway: the Skilled Work Experience pathway and the Trades and Technician pathway. The Skilled Work Experience pathway is available to eligible migrants working in ANZSCO skill level 1 to 3 occupations who have accumulated at least five years of directly relevant work experience, including at least two years of skilled work experience in NZ paid at the prescribed wage threshold. The Trades and Technician pathway provides a separate route for migrants working in specified trade and technician occupations who hold a relevant qualification at Level 4 or above and have at least four years of directly relevant post-qualification experience, including at least 18 months of skilled employment in NZ. The reforms also introduce ‘Red’ and ‘Amber’ occupation lists, restricting eligibility for certain occupations or imposing additional work experience and wage requirements. Other changes include revised qualification points, which generally provide greater recognition to qualifications completed in NZ, and simplified wage requirements. In most cases, applicants will have to meet the wage threshold that applied at the time they began accumulating the required skilled work experience, rather than a higher threshold applying when they later apply for residence. For specific advice on the changes and how they may affect your eligibility for New Zealand residence, please reach out to our team to arrange an initial consultation with Victoria Stevenson.

• • Earlier this month, the Australian Border Force (‘ABF’) announced sanctions against a NSW South Coast aged care provider following an investigation into the unlawful recovery of sponsorship-related costs from migrant workers. The investigation commenced following a Border Watch report and found that the business, which had sponsored 19 workers under the SID (subclass 482) visa program, had committed breaches affecting 13 sponsored workers and totalling $118,197. Although the company subsequently acknowledged the breaches and repaid all affected workers in full, it has been barred from lodging any new sponsorship nomination applications for six months. The existing employer-sponsor obligations, which prohibit approved work sponsors from recovering, transferring or shifting certain sponsorship-related costs onto visa holders, are designed to protect temporary work visa holders from exploitation. This case provides a timely reminder to all employer-sponsors of the importance of understanding and complying with their sponsorship obligations. If you are an employer-sponsor and want to learn more about your obligations, or to receive a compliance check-up, please contact us to arrange an initial consultation with one of our lawyers.

• • In July 2025, we published a blog examining Australia’s growing family migration backlog and the significant processing delays facing Parent and Partner visa applicants. Unfortunately, more than a year later, the situation facing Parent visa applicants shows little sign of improvement. Recent reporting by The Guardian indicates that more than 157,000 applicants remained in the Parent visa backlog at the end of the 2024–25 financial year, while 1,536 Parent visa applicants passed away while awaiting an outcome between 1 July 2024 and 31 March 2026. Current estimated processing times have also increased to approximately 33 years for standard Parent visas and 15 years for Contributory Parent visas, despite the latter attracting visa application charges of almost $50,000 per applicant. Compounding these delays, the Parent category allocation for the 2026–27 migration program has been reduced from 8,500 to 7,060 places. These figures demonstrate the continuing challenges facing families seeking to permanently reunite with their parents in Australia. If you would like strategic advice about the options available to bring a parent to Australia, please contact our team to arrange an initial consultation for tailored advice on your circumstances.

That’s the Nomos wrap-up for August. See you next month!

*All information is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.