Australia Migration Changes 2026: Tony Burke’s New Visa Rules Explained

One of the major changes announced relates to visitor visas .

The Government intends to attach a “no further stay” provision to future visitor visas, restricting most visitor visa holders from arriving in Australia and then applying onshore for another visa to extend their stay.

Tony Burke said the change is aimed at stopping the practice of entering Australia as a genuine temporary visitor and then transitioning to another visa and a bridging visa while remaining onshore.

What about people already in Australia?

Protection applications are also treated differently under migration law.

For future visitors, however, it will become increasingly important to understand the conditions attached to a visa before travelling to Australia and before planning any subsequent visa pathway.

International students will also face tighter rules when changing courses or undertaking further study.

The Government has identified repeated movement between courses as one form of “visa hopping” it wants to address.

Under the announced approach, a student who finishes a qualification and wants to continue studying will generally need to move up the qualification scale.

For example, progressing from a bachelor’s degree to a master’s degree would fit the intended model.

Completing one qualification and then repeatedly moving between courses at the same or lower qualification level simply to extend a stay in Australia is the type of behavior the Government is seeking to restrict.

What about changing courses?

Changing courses is not being eliminated entirely.

Tony Burke indicated that students transferring between courses at the same level will need to apply for a new student visa, allowing the Department to assess whether the change is genuine.

Ordinary extensions required because of circumstances such as illness or the closure of an education provider were described separately and are not the main target of these measures.

Another significant announcement affects dependents of international students and Temporary Graduate visa holders .

The Government plans to stop most new international students and graduate visa holders from automatically attaching family members to their visas.

This can affect partners and children who may previously have been included as secondary applicants.

However, important exceptions have been announced.

Tony Burke also stated that families who are already in Australia under existing arrangements will not be separated because of the announced changes.

Applicants planning to study in Australia with a spouse or children should therefore check the rules applying to their particular course, nationality and visa application before making study or relocation plans.

The Working Holiday Maker program is also set for substantial changes for people seeking a second or third year in Australia.

The Government announced a ballot system for eligible applicants seeking extended stays.

Second-year Working Holiday visas

Applicants will still need to satisfy the applicable regional work requirement. Tony Burke said the existing requirement of 88 days of specified regional work would remain for applicants seeking to qualify for the second-year ballot.

Third-year Working Holiday visas

Applicants will still need to complete the required six months of specified regional work before qualifying for the ballot.

For comparison, the Minister said approximately 57,000 people qualified for a second year last year, while around 31,000 were in the third-year group.

This means meeting the work requirements will no longer necessarily guarantee access to another year once the ballot arrangements commence.

Different arrangements can apply to particular nationalities because of Australia’s international agreements, including the arrangements applying to UK passport holders.

The Government has also announced stronger compliance activity targeting people who remain in Australia without a valid visa.

The package includes additional compliance resources and detention capacity, with the Government seeking to increase its ability to locate and remove unlawful non-citizens.

A person with a current bridging visa remains a lawful non-citizen, subject to the conditions of that visa. The compliance measures are directed at people who no longer have lawful immigration status.

Anyone unsure whether their visa remains valid should check their status rather than assume that a pending matter automatically gives them the right to remain in Australia.

The Government also plans stronger action against migration agents who encourage applicants to lodge applications or claims without merit simply to extend their time in Australia.

Tony Burke indicated that the professional rules governing migration agents would be changed so agents could face sanctions or deregistration for encouraging non-meritorious applications.

This does not prevent applicants from receiving legitimate migration advice or pursuing a visa pathway for which they may qualify.

The focus is on applications being used primarily as a mechanism to prolong a stay where there is no genuine basis for the claim.