February at Nomos
The last month of summer is almost behind us, and it has been another steady and productive period. As the year gathers momentum, February has brought developments across multiple fronts in the immigration space. Below are some of the key updates from this month:
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- Though it may be the shortest month of the year, February has delivered no shortage of positive outcomes for our clients. Over the past month, we have seen grants across the SID (subclass 482), ENS (subclass 186), Partner (subclass 820, subclass 801 and subclass 100), Temporary Work (Short Stay Specialist) (subclass 400), and Visitor (subclass 600) visa categories. We have also secured further Standard Business Sponsorship approvals, Temporary Activity Sponsorship approvals, and successful Australian citizenship outcomes.
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- Across both Australia and New Zealand, labour market pressures continue to influence migration settings. Health, infrastructure and education sectors remain priority areas, while broader economic conditions are shaping invitation volumes and processing allocations. For visa holders and prospective migrants, this reinforces the importance of forward planning and maintaining flexibility in pathway selection. In Australia, following a Freedom of Information request, the Department of Home Affairs (‘DHA’) has released updated occupation ceiling figures for the Skilled Independent (subclass 189) and Skilled Work Regional (Provisional) (Family Sponsored) (subclass 491) visa programs for the 2025–26 financial year. These ceilings are based on national employment data from the Australian Bureau of Statistics and are used to manage how many invitations can be issued in each occupation. They do not apply to employer-sponsored or state- and territory-nominated visas. Occupations are grouped into tiers according to the size of the workforce, with higher-demand professions receiving a larger percentage allocation. Tier 1 occupations are capped at 4% of the national workforce, Tier 2 at 2%, Tier 3 at 1%, and Tier 4 at 0.5%, with a minimum ceiling of 500 places. The number of available subclass 189 places for 2025–26 is then determined after accounting for visas already granted in related skilled programs (including subclasses 186, 190 and 494). Health professions such as registered nurses and medical practitioners sit in Tier 1, while teaching and social work roles fall within Tier 2. Many engineering and trade occupations are in Tier 3, and roles such as chefs and accountants are in Tier 4, where allocations are tighter. In practice, this means that some occupations remain well positioned for invitations, while others have little or no remaining allocation. For example, registered nurses have 10,390 places remaining and are therefore reasonably likely to be invited to apply for a subclass 189 visa, while secondary school teachers have 2,837 places available and are less likely to be invited. By contrast, accountants have no remaining allocation under the current ceiling. A number of other occupations – including certain engineering roles, motor mechanics and IT professionals – also appear to have very limited or exhausted availability for the 2025–26 program year. If you are considering permanent skilled visa options, it is important to consider your options early, particularly where employer sponsorship or alternative visa pathways may be available. If you would like tailored and strategic advice on how these developments affect your circumstances, please contact us to arrange a consultation.
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- In New Zealand, February has seen continued refinement of the Accredited Employer Work Visa (‘AEWV’) framework, with employers navigating accreditation requirements and labour market testing obligations. Seasonal pathways introduced late last year are now becoming established, and employers are encouraged to maintain compliance with wage thresholds and reporting obligations to avoid disruption to future recruitment. Immigration New Zealand (‘INZ’) has also announced changes to the employment conditions for open work visa holders, effective from 20 April 2026. Under the updated rules, open work visas will be divided into two broad categories: those allowing any work, including for an employer or through self-employment (including work visas granted under post-study and partner streams), and those requiring employment with an employer under an employment agreement or contract for services. The changes are intended to clarify permitted work activities, reduce uncertainty, and support consistent compliance with NZ employment laws. Transitional arrangements will allow current visa holders to continue working under their existing conditions until expiry. The new rules do not affect employer-specific visas such as the AEWV and do not apply to Student visa holders. For further information on these changes and how they may affect your circumstances, please reach out to us for guidance.
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- Stepping away from immigration for a moment, we take this opportunity to wish all of our LGBTQI+ clients, friends and colleagues a very happy and safe Mardi Gras this weekend.
That’s the Nomos wrap-up for February. 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.
