The door is still open. Nobody knows when it closes | Source: Pexels

First: only one measure has a published start date. The order in which skilled visa applications are processed has changed (Ministerial Directions 121 and 122, in force from 19 September, replacing Direction 119). That changes only the order of the queue, not the criteria, and does not touch the four groups below. For the other ten, the government says only that they "have begun to be implemented and will be progressively rolled out over the next 12 months". None has a date.

Second: none of this needs to pass Parliament. As an ABC analysis piece explains, after talks with the opposition fell through, every measure now goes through ministerial directions and regulations rather than legislation. That means a minister signs, or a regulation is registered, and the rule can change as early as the next day, with no notice period required. The first measure is the proof: in force two days after the announcement. So "rolled out over the next 12 months" really means any of these measures could take effect on any day in those 12 months.

ABC analysis, 17 September: all of it will have to be enacted through ministerial direction or regulation, not legislation

Third: the government has given two reassurances, and left one gap. In his speech the Minister said that families already in Australia with family members on their visa will not be split up, and that the new visitor visa condition applies only to visas issued from now on, so people already here are unaffected. What he did not say is what happens to an application that is already lodged but not yet decided: old rules or new? The commentary contradicts itself and the official documents give no answer. Right now there simply is none, and both outcomes need to be planned for.

One: student and 485 visas with family members. Today you can bring them. Under the new rules you cannot, except for certain courses such as PhDs and applicants from Pacific and ASEAN nations (the written material mentions only student visas; the speech included graduate visas; the regulation will settle the scope). Lodged but undecided: no answer. What to do: if your documents are ready, lodge, there is no reason to wait; if they are not, finish them quickly. Whatever the transition rule turns out to be, an application that has not been lodged will be assessed under the new rules.

Two: visitor visas. New rule: visitor visas issued from now on will carry a condition barring applications for other visas from inside Australia (protection visas excepted). Two groups: if you are already in Australia on a visitor visa without that condition, then on the Minister's account the new rule does not touch you, and your deadline is the period of stay for this entry, not the visa's validity, though that holds only if the regulation is drafted the way he described; if you have lodged a visitor visa application that is still undecided, on the literal reading of "issued" it may carry the condition when granted; if you do not yet hold a visitor visa and were planning to arrive and then switch, that door is closing. Either way, you must genuinely qualify for the visa you want to switch to; switching for its own sake will not meet the genuineness requirements of whatever visa you apply for.

Three: second and third year working holiday visas. Today: complete the specified work in regional Australia (88 days for the second year, six months for the third, in the industries and postcodes listed by Home Affairs) and apply. New rule: completing it only earns a place in a ballot, with 45,000 second-year and 5,000 third-year places. If you have done the work and not yet applied, apply now; of the four groups, this one has the least reason to wait.

Four: changing course, or studying on after finishing. New rule: a course change means applying for a new visa, and being tested on whether the change is legitimate; further study must move up the qualification scale, for example a master's after a bachelor's. A second qualification at the same level, say a second master's, is not clearly "up"; anyone with that plan should watch this closely. Moving to a cheaper provider that does not care about attendance, in order to stay longer, is something the Minister named in the speech itself. Do not go down that road.

Commencement comes from documents, not headlines. Watch three places:

Department of Home Affairs: the changes have begun to be implemented and will be rolled out progressively over the next 12 months

Whether a condition is actually on your visa is settled by your grant letter and VEVO. Transcripts of the speech and the Q&A are on the Minister's website. If anyone tells you a measure "is already in force" or "definitely won't affect you", ask for the document; if they cannot produce one, it is a guess. As each measure's commencement date and transitional rules are published, we will break them down the same day.

Sun Lawyers · Sydney Office

This article is current as at 21 September 2026; commencement dates and transitional arrangements for each measure will be as formally published by the Department of Home Affairs. If your application falls into one of the four groups above and you want to work out your next step before commencement, contact Sun Lawyers. We work in both English and Mandarin.

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