September at Nomos
September has been a month of high activity and announcements throughout the immigration spheres in both Australia and New Zealand. Here are some of the key developments that unfolded this month:
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- The effects of the new processing priority afforded to onshore applications are being felt across the board, and we are very pleased to have seen grants for our clients in the Skills in Demand (‘SID’) (subclass 482), Employer Nomination Scheme (‘ENS’) (subclass 186) and permanent Partner (subclass 100) visa categories this month.
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- On 17 September, Minister for Home Affairs the Hon Tony Burke MP announced a series of proposed reforms to Australia’s migration system, intended to further reduce Net Overseas Migration (‘NOM’) and strengthen the integrity of the migration program. The Federal Government has stated that the reforms are designed to support its Budget forecasts of reducing NOM to 245,000 in the current financial year and 225,000 in the 2027-28 financial year, following a reported fall to 292,000 from the post-COVID peak in 2023. Among the measures announced are strengthened compliance action against people remaining in Australia without a valid visa; further restrictions aimed at preventing ‘visa hopping’ and limiting secondary applicants for most Student visas; measures targeting migration agents who knowingly support applications without merit; and the introduction of a ‘No Further Stay’ condition on all Visitor visas. Changes are also proposed for the Working Holiday Maker program, including a ballot system for second and third visas, together with a target of stabilising application processing times at three months. While further details and implementation arrangements remain forthcoming for a number of these measures, the announcement signals potentially significant changes across several areas of Australia’s temporary migration program.
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- As of 19 September, new processing priorities for a range of skilled visas came into effect in Australia, following the commencement of Ministerial Directions 121 and 122. The new Directions replace Ministerial Direction 119. Under the revised priorities, applications associated with occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, together with occupations connected to Australia’s law enforcement and defence interests, are afforded the highest processing priority. For temporary skilled visas, applications under the Specialist Skills stream of the Skills in Demand (‘SID’) (subclass 482) visa are prioritised next, followed by applications lodged by people who were in Australia at the time of application. Similar priority is afforded to onshore applicants across a range of permanent and provisional skilled visa subclasses. Importantly, the new Directions do not change visa eligibility requirements or guarantee particular processing timeframes. Rather, they determine the order in which applications are considered by DHA and may therefore have a significant impact on processing times for applicants depending on their occupation, visa subclass and location at the time of application.
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- As reported by the ABC this month, processing delays for offshore Partner visa applicants have attracted both the attention and concern of Australian citizens and permanent residents facing lengthy periods of separation from their partners. According to DHA figures cited by the ABC, 90% of temporary Partner (subclass 309) visa applications are currently processed within 39 months, compared with 29 months for onshore Partner visa applications. As of March 2026, approximately 10,000 offshore Partner visa applications had been awaiting a decision for more than 12 months, including around 2,500 which had been lodged more than two years ago. These delays follow recent changes to processing priorities which have placed greater emphasis on finalising onshore Partner visa applications and are having a profoundly negative impact on many relationships and families, as the ABC article highlights. The good news is that some relief may be forthcoming for affected applicants, as Minister for Home Affairs the Hon Tony Burke MP has indicated that proposed changes concerning ‘no further stay’ conditions on Visitor visas are intended to make it easier for some offshore Partner visa applicants to visit their partners in Australia while awaiting a decision. The continuing delays highlight the significant practical and personal consequences that extended visa processing times can have for families separated across international borders. If you need strategic advice on when, how and from where to lodge a visa application, contact our team to arrange a confidential consultation with one of our expert lawyers.
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- Across the Tasman in New Zealand, things have been no quieter, with Immigration New Zealand (‘INZ’) announcing changes affecting international graduates, partnership-based visas and investor migration. Announced last month but taking effect from 16 November 2026, eligibility for New Zealand’s Post-Study Work Visa (‘PSWV’) will be expanded to include graduates who complete a New Zealand Qualifications and Credentials Framework (‘NZQCF’) Level 7 Graduate Diploma, provided the applicant studied full-time in NZ for the full duration of the qualification, were enrolled for its full duration without cross-crediting or recognition of prior learning, and already hold a bachelor’s degree from NZ or overseas. INZ has also clarified how postgraduate study qualifies for a PSWV. Eligible graduates who complete a Level 8 Postgraduate Diploma may be eligible for a one-year visa, while eligible graduates who complete a Level 9 Master’s degree may be eligible for a three-year visa. In each case, the applicant must complete at least 30 weeks of full-time study in the qualification on which the visa is based. Changes have also been introduced for partnership-based visas, effective from 25 September 2026. Applicants for dedicated partnership-based visas and their supporting partners must now both be at least 18 years old when the application is made. INZ will also only recognise evidence of a partnership from the point at which both partners were aged 18 or older. The requirements apply across a range of partnership categories, including Partner of a New Zealander (Resident, Work and Visitor), Partner of a Worker, and Partner of a Student visa, among others. The changes do not apply to partners included in non-partnership residence applications or general visitor visa applications, to resident visa applications submitted before 25 September 2026, or to visas already granted. In addition, further changes have been announced to NZ’s Active Investor Plus (‘AIP’) visa, including new requirements applying to managed funds and direct investments from 28 September 2026. Among the changes, managed funds seeking approval as acceptable AIP investments must provide and maintain an investment deployment plan, while declined investments will be subject to a six-month stand-down period before they can reapply. Invest New Zealand has also strengthened its ability to suspend or revoke the eligibility of investments where requirements are no longer met. Separately, qualifying Build to Rent developments are set to become eligible investments under the AIP Growth category from December 2026 where investment is made through an approved managed fund. Together, these developments reflect continued refinement of NZ’s immigration settings across student and graduate migration, family migration and the country’s investor visa program. If you are considering studying, joining a partner or investing in NZ, reach out to us to arrange a consultation with Victoria Stevenson of our firm to discuss how these latest changes may affect your plans.
That’s the Nomos wrap-up for September. 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.
