March at Nomos
With autumn now underway, March has proven to be a month of notable movement in the immigration space. As policy settings continue to evolve in response to global and domestic pressures, we outline some of the key developments from the past month below:
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- March has continued to deliver positive outcomes for our clients as the year gathers momentum. Over the past month, we have seen grants across the SID (subclass 482), Partner (subclass 820 and 801, as well as subclass 801 based on the Family Violence provisions), Student (subclass 500), and Resident Return (subclass 155) visa categories, along with further Standard Business Sponsorship approvals and successful Australian citizenship outcomes. It has been an encouraging way to round out the first quarter of 2026.
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- The Australian Government has delivered a significant legislative development with the passage of the Migration Amendment (2026 Measures No. 1) Act 2026, which came into effect mid-month. The new framework introduces “arrival control determinations”, empowering the Minister to temporarily prevent certain cohorts of offshore temporary visa holders from entering Australia, even where they hold a valid visa. The measures are intended to provide the Government with flexibility to respond to rapidly changing global circumstances. While framed as a tool to protect the integrity and sustainability of the migration system, the breadth of this conferred discretion has prompted considerable discussion within the immigration space, particularly in relation to the extent of the Minister’s ability to use these powers to prevent people fleeing conflict zones from entering Australia and subsequently attempting to seek protection here, which is arguably inconsistent with Australia’s international obligations. There is also concern that the wording of s84B of the Migration Act 1958 (Cth) does not limit the Minister’s power to people fleeing conflict zones. The power to make an ‘arrival control determination’ is triggered by the Minister’s satisfaction that an ‘event or circumstance’ overseas means that people may seek to remain in Australia beyond the period permitted by their temporary visa. The type of ‘event or circumstances’ isn’t prescribed in the legislation, meaning the Minister has the potential to extend this power to, for example, people in countries affected by climate-related natural disasters.
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- There have also been important procedural changes affecting the Training (subclass 407) visa program, effective from 11 March 2026. Under the revised requirements, visa applications can no longer be lodged concurrently with sponsorship and nomination applications. Instead, applicants must have an approved Temporary Activities Sponsor and an approved training nomination before a valid visa application can be submitted. This departure from the previous practice is likely to result in a large number of potential Training visa applicants no longer being able to make a valid application for the visa. Moving forward, careful sequencing of applications will now be essential and early planning has become even more important, particularly where training start dates are time-sensitive. If this change will impact your business, training or future plans, please reach out to us for tailored advice on navigating the new requirements.
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- In other news this month, the base visa application charge for a subclass 485 Temporary Graduate visa doubled to $4,600.00. This change took effect without notice, and just prior to 15 March, when traditionally a lot of Student visas cease. A number of students would undoubtedly have been affected by the increase, which, whilst harsh, is in line with the government’s commentary and policy position on the subclass 485 visa. It is also a stark reminder that migration legislation can and does change regularly and often without forewarning.
That’s the Nomos wrap-up for March. 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.
