May at Nomos
As autumn draws to a close and winter begins to settle in, May has been another eventful month in the immigration space across both Australia and New Zealand. In addition to the Budget release mid-month, significant policy developments, industry research, and operational changes on either side of the Tasman have helped shape the environment in which migrants, employers, and migration professionals operate. Below, we take a look at some of the key updates from May 2026:
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- As we move towards the middle of the year, May has delivered a steady run of successful outcomes achieved on behalf of our clients. During the month, we have been pleased to see grants across the Skills in Demand (‘SID’) (subclass 482), permanent Partner (subclass 801) and Temporary Activity (subclass 408) visa categories, along with additional Standard Business Sponsorship approvals and successful Australian citizenship outcomes. We are always happy to witness positive outcomes for our clients in their migration goals, even as processing delays continue at the DHA.
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- A significant revelation came to light this month with the release of Off the Books: Inside Australia’s Hidden System of Migrant Worker Exploitation, a landmark report published by the Migrant Justice Institute. Based on a survey of almost 10,000 migrant workers throughout Australia, the report found that approximately two-thirds of participants were paid less than their legal minimum entitlements under the Fair Work Act 2009, with many also reporting broader workplace issues including sham contracting, unpaid superannuation contributions, unsafe working conditions, and excessive working hours. The report further estimated that international students alone may be underpaid by more than AU$3 billion annually and argued that migrant worker exploitation has become a systemic feature of parts of the Australian labour market rather than a series of isolated incidents. The report’s findings have understandably attracted significant attention from policymakers, unions, and workplace regulators alike, with calls for stronger enforcement measures, expanded protections for vulnerable workers, and reforms aimed at addressing the factors contributing to migrant worker exploitation in Australia. If you are experiencing workplace exploitation or are concerned about your rights at work, please contact us to discuss any alternative visa options that may be available to you. You can also seek assistance from the Fair Work Ombudsman regarding workplace rights, underpayment, and other employment-related concerns.
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- A notable development in New Zealand this month was the announcement that minimum English language requirements under the Accredited Employer Work Visa (‘AEWV’) framework will be expanded from 1 June 2026 to include ANZSCO and National Occupation List (‘NOL’) skill level 3 roles. Previously, these requirements generally applied only to skill level 4 and 5 positions. The change will affect a broad range of occupations, particularly within sectors such as hospitality, trades, construction and other skilled industries, which collectively account for a significant proportion of AEWV applications. According to Immigration New Zealand (‘INZ’), the policy is intended to support better workplace communication, improve migrant workers’ understanding of their rights and obligations, and assist with broader community integration. Applicants will generally be required to demonstrate basic English language ability through recognised citizenship, work or study pathways, or by meeting an approved English language testing standard. Notably, applicants are exempt from the new English language requirement if they hold an AEWV expiring on or before 1 December 2026 and are applying for a Skill Level 3 role, or if they previously met the requirement in an earlier AEWV application. Employers recruiting overseas workers into affected occupations should carefully consider the new requirements when planning future recruitment and visa sponsorship arrangements. If you are planning to apply for an AEWV or sponsor overseas workers in NZ and would like guidance on how these new requirements may affect you, please reach out to us to arrange a consultation and receive advice tailored to your circumstances.
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- We are also pleased to share that Nomos has been recognised for the third consecutive year in the Australian edition of Best Law Firms™ – Australia 2027, published by Best Lawyers. Evaluating firms across 83 areas of legal practice throughout Australia, the publication applies a rigorous methodology to identify firms that demonstrate excellence in their respective fields. We are honoured to once again be included among Australia’s leading law firms and are grateful for this recognition of our team’s dedication, expertise, and commitment to achieving positive outcomes for our clients.
That’s the Nomos wrap-up for May. 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.
