January 2026 wrap-up

• • The new year is off to a strong start for our clients, with a steady stream of positive outcomes across a wide range of visa categories. Since our last update, we have seen numerous grants in the Partner, SID and TSS (subclass 482), ENS (subclass 186), General Skilled Migration, Student and Medical Treatment visa categories, alongside standard business sponsorship approvals and successful Australian citizenship applications. It has been an encouraging way for many of our clients to begin 2026!

• • At its December 2025 quarterly meeting with stakeholders, the DHA provided a wide-ranging update on processing trends and policy developments across skilled, student, partner, and humanitarian visas. While delays remain in parts of the skilled migration program, particularly for employer-sponsored visas, the Department confirmed that backlogs are slowly reducing and that additional measures are being taken to improve decision quality and consistency. Encouragingly, the legacy TSS (subclass 482) caseload is now relatively small, and transparency around ENS (subclass 186) processing times is set to improve. Partner visa processing remains slow but stable, with most long-delayed cases now resolved. The Department also acknowledged recent system disruptions, including an ImmiAccount outage and delays in issuing police clearance requests, and confirmed that flexibility is being applied to minimise adverse impacts on applicants. Overall, the update reflects gradual operational improvement, alongside continued reform aimed at better aligning Australia’s migration system with workforce needs and program integrity.

• • A coronial inquest into the death of a subclass 407 visa holder from the Philippines has resulted in Anti-Slavery Commissioner Chris Evans urging the Minister for Home Affairs to review the visa program, claiming that the program as it stands leaves visa holders extremely vulnerable to unscrupulous employers. Earlier this month, a coronial inquest found that Jerwin Royupa was “exploited” by the sponsor of his subclass 407 visa, who had engaged in “potentially criminal” conduct. The coroner found that Mr Royupa, amongst other things, was denied access to his passport, was forced to work 60 hours per week in excessive heat and did not receive any of the training that he was meant to receive in connection with his visa. The coroner was also scathing of Mr Royupa’s conduct after the accident that ultimately ended his life. She made recommendations to the Department of Home Affairs, including that the Department “consider the risk of exploitation of subclass 407 visa holders”. This sentiment was echoed by Commissioner Evans, himself a former Minister for Immigration, who highlighted not only the possibility of exploitation but also the increased demand for the subclass 407 visa in recent years. In a statement, the Department stated that regulatory changes to require more stringent assessment of sponsors and their training activities were being worked on, with these to be proposed in the first half of 2026. If you are concerned about the potential exploitation of migrant workers, you can contact us for further advice or you can contact the Fair Work Ombudsman.

• • From 8 December 2025, Immigration New Zealand opened applications for two new seasonal visa categories under the Accredited Employer Work Visa (‘AEWV’) framework. The Global Workforce Seasonal Visa (‘GWSV’) and Peak Seasonal Visa (‘PSV’) are designed to support industries with predictable but time-limited labour needs in specified industries. The GWSV allows accredited employers to engage seasonal workers for longer periods – up to nine months per year – where roles require continuity and experience. Visa holders may work up to 30 hours per week and are limited to a maximum of three seasons in New Zealand, with a minimum three-month offshore period required between each season. The PSV, by contrast, addresses short-term peaks in labour demand, permitting stays of up to seven months, with the same 30-hour weekly work limit. Both visas operate within the existing AEWV framework, requiring employer accreditation and compliance with labour market and employment standards. Overall, the changes reflect a more flexible and responsive approach to seasonal migration, while maintaining safeguards for both domestic and migrant workers. For further information on these new visa programs, please reach out to us.

That’s the Nomos wrap-up for January. 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.