Please find our webinar recording below for an update on the key visa changes affecting hospitality employers.
Please contact your Ajuria adviser for further information or any questions
The post Webinar Recording | Key Visa Changes Impacting Hospitality Employers first appeared on Ajuria Lawyers – Leaders in Immigration.
The hospitality sector continues to face significant workforce challenges as immigration policies continue to change and temporary visa pathways become increasingly difficult.
Join Ajuria Lawyers on Tuesday, 13 October 2026 at 11:00 AM AEDT for a webinar tailored specifically for employers in the hospitality, food services and accommodation sectors where we will share insights into recent legislative changes, the impact on your workforce and practical steps employers need to consider ahead of the upcoming peak season.
We will cover:
If you are unable to attend live, a recording will be made available to registered participants.
The post Webinar Invitation | Key Visa Changes Impacting Hospitality Employers first appeared on Ajuria Lawyers – Leaders in Immigration.
Since July 2026, the Government has substantially changed how Australia’s immigration program operates. Significant reforms have been introduced through ministerial directions and changes to regulations made under existing legislation, rather than through new Bills amending the Migration Act. Further measures are being progressively implemented.
The policy direction became clearer in the Minister’s National Press Club address on 17 September, framed around “Who arrives; who stays; and who leaves?” The message was that Australia continues to need migration, but the Government wants greater control over entry, the duration of temporary stays and departures. Importantly, the Minister distinguished legitimate progression from study to skilled employment and permanent residence from repeated temporary visa applications used simply to prolong a stay.
For employers and individuals, the consequences extend beyond eligibility. Where an application is lodged, whether family members are included, the nominated occupation and the conditions attached to an existing visa can materially affect the available options.
Skilled visas: broader priorities, but not new eligibility pathways
Ministerial Direction 121 commenced on 19 September 2026, replacing Direction 119 for subclass 482 processing. It applies to new applications and applications already lodged but not finally determined, including remaining Temporary Skill Shortage applications. It changes processing priority—not the legal requirements for obtaining a visa. (see our update here)
The general processing order is now:
| Priority | Applications |
|---|---|
| 1 | Qualifying occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, together with occupations connected with Australia’s law enforcement and defence interests. |
| 2 | Eligible applications under the Specialist Skills stream. |
| 3 | Other applications where the primary applicant was in Australia when the application was lodged. |
| 4 | Applications where the primary applicant was outside Australia at lodgement and no secondary applicants are included. |
| 5 | Remaining applications, including offshore applications with accompanying family members that do not qualify for a higher priority. |
The hierarchy is subject to the Direction’s exceptions which are yet to be seen in practice. Separate priorities under Direction 122 apply to specified permanent and provisional skilled visas, including subclass 186.
The broader priority categories are particularly welcome for agriculture, aquaculture, fishing and resources, alongside construction (aimed at housing and not infrastructure or renewables), healthcare, teaching, law enforcement and defence. Importantly, qualifying sector applications can now receive first priority whether the applicant is onshore or offshore. In our view, this addresses some of the concerns raised about the earlier settings.
However, working for a business in a priority industry does not automatically confer priority. The occupation and, where relevant, the actual work must satisfy the Direction’s definitions. For example, a Civil Engineer may qualify for construction priority, while a Human Resources Manager or Electrical Engineer working on the same project does not qualify merely because the project involves construction. Another priority category may nevertheless apply.
Direction 121 also requires departure from the normal order where the delegate is satisfied that compelling circumstances exist. This is potentially important in exceptional cases, but it is not a general urgent-processing entitlement.
Visitor visas: restrictions on applying for another visa in Australia
The Government has announced that “No Further Stay” conditions will be attached to visitor visas as part of its reform program. These conditions are not new, but their wider use would significantly restrict the ability to move from a visitor visa to another visa while remaining in Australia. As part of this initiative, the government confirmed that we can also expect this condition to be imposed on Electronic Travel Authorities (ETA) and eVisitor visas by the end of this year.
Where such a condition applies, the holder generally cannot make a valid application for most temporary or permanent visas in Australia unless an exception applies or the condition is waived. The individual visa grant notice and VEVO record must therefore be checked; the announcement should not be treated as automatically changing every existing visitor visa.
For example, someone whose visitor visa carries the relevant restriction generally cannot enter Australia, lodge a subclass 482 application and remain on the resulting bridging visa while it is processed. Unless a waiver is obtained (very difficult if not most unlikely), they would ordinarily need to depart and apply offshore. Their application would then fall within the applicable Direction 121 priority category.
Employers should not assume that bringing someone to Australia as a visitor will preserve an onshore work-visa pathway.
Working Holiday and Work and Holiday visas: tighter control over numbers and length of stay
Controls are already affecting access to the subclass 462 Work and Holiday program. Home Affairs lists some countries as paused for new first-visa applications. A pause on lodgements should not be confused with a blanket suspension of processing for every application already submitted, however the reality is that applications are currently not being processed.
Separately, the Government has announced a ballot system for second and third-year Working Holiday Maker visas. Under the announced approach, completing the required regional work would qualify a person to enter the ballot, rather than ensure access to another visa. Implementation dates and transitional arrangements remain important: an announcement is not the same as a rule already applying to every applicant.
UK passport holders require separate consideration. Their arrangements are governed by the Australia–UK Free Trade Agreement. The Minister said slower processing would continue while discussions with the United Kingdom take place; businesses should not assume that the proposed ballot has already replaced the existing UK arrangements.
The Minister explained the Government’s focus on backpacker numbers in these terms:
Last year the contribution of backpackers to net overseas migration was 48,000… 48,000. So, every part of the program is relevant. There’s almost an approach, sort of the NOM version of NIMBYism. I won’t try to invent the NIMBYism word, but it’s a concept where people will say that they want immigration numbers to go down but they don’t want to mention which visa class, and they immediately want to rule out all the ones that they would rely on. Home Affairs Ministers
Our advice to businesses relying on backpackers is to review workforce continuity now, rather than assume that an employee will remain available for a second or third year.
Student visa changes from 2 October 2026
The Migration Amendment (Student Visa Reform) Regulations 2026 and two accompanying instruments introduced significant restrictions affecting subclass 500 applications made on or after 2 October 2026.
Family members. The circumstances in which partners and children can apply as secondary Student visa applicants are substantially restricted. Exceptions and transitional protections remain, including for specified government-sponsored students, doctoral students, certain Pacific and ASEAN nationals, and eligible existing family members. These are not blanket rules requiring families already lawfully in Australia to leave immediately.
Applications in Australia. More temporary visa holders must apply for a Student visa offshore. The affected categories include Working Holiday and Work and Holiday visas, subclass 482 visas, Training visas, Temporary Activity visas and Temporary Graduate visas. Existing Student visa holders also face restrictions on further onshore applications, subject to exceptions such as qualifying course progression, doctoral study and specified course-completion circumstances.
Location at grant. Certain applicants who must be outside Australia when applying must also be outside Australia when the Student visa is granted. Leaving to lodge an application and then returning as a visitor will therefore not necessarily allow the application to be finalised while the person is in Australia.
The Government has also announced that, from 2 October 2026, the initial restriction on transfers between education providers increases from six to 12 months for non-school students, subject to exceptions. A new Student visa transfer stream is planned for 1 July 2027 and should be distinguished from the changes commencing now.
Departmental staffing and processing: additional risks
These reforms coincide with significant staffing changes at Home Affairs. More than 600 staff have been affected by its voluntary redundancy program, with recent reporting identifying 679 approved departures. That figure relates to departmental staff generally, not necessarily 679 visa decision-makers.
We also understand that some visa processing is being transferred to Australian overseas posts, including embassies, where officers may have limited experience with the particular visa categories being allocated to them.
In our assessment, staff reductions and the redistribution of work create a risk of higher refusal rates, inconsistent assessments and more requests for documents that are not required in the particular case. This is a concern about processing quality, not an announcement that the legal requirements for those visas have changed.
Our team is working to ensure our applications clearly explain how the relevant criteria are met. Requests for further information must also be reviewed carefully—even where they appear unnecessary—and addressed within the required timeframe.
Our assessment: controlling migration through more than visa numbers
The Government’s stated objective is to deliver net overseas migration of 245,000 in 2026–27 and 225,000 in 2027–28. The measures target not only who enters Australia, but also how long temporary migrants remain and their ability to move between visa categories.
It is important to distinguish net overseas migration from the number of visas granted. Net overseas migration measures longer-term arrivals and departures, generally using presence or absence for at least 12 months within a 16-month period. A short departure to lodge a visa application does not necessarily reduce that figure, and granting permanent residence to someone already counted in Australia’s population does not automatically create an additional migrant arrival.
Our view is that these reforms represent a shift towards more selective government control over entry and continued stay. The expanded skilled priorities recognise that reducing migration indiscriminately could impede the very workers needed for housing, infrastructure and essential services. Nevertheless, employers outside the preferred categories will face greater uncertainty, even where their need for skilled workers is genuine.
With the next federal election expected by 2028, we expect migration and housing to remain politically sensitive.
For employers, the practical message is to plan earlier and reassess assumptions. A viable visa pathway does not, by itself, establish when an employee can arrive or start work. Recruitment and retention plans should take account of occupation, visa stream, applicant location, family composition, existing visa conditions and realistic processing expectations.
Upcoming webinar
Our team will hold a webinar on Tuesday 13 October aimed at the Hospitality industry. With significant changes affecting the temporary visa programs, we will unpack the implications this has on workforce planning, recruitment strategies and labour shortages as we head into the busy season for the hospitality, food and accommodation sector. An invitation to the webinar will follow shortly.
The post Australian immigration changes: where are we up to? first appeared on Ajuria Lawyers – Leaders in Immigration.
Please find our webinar recording below for an update on Ministerial Directions 121 and 122 and how to navigate visa processing priorities
Please contact your Ajuria adviser for further information or any questions
The post Webinar Recording | Ministerial Directions 121 and 122: Navigating Visa Processing Priorities first appeared on Ajuria Lawyers – Leaders in Immigration.
Join Ajuria Lawyers on Tuesday, 29 September 2026 at 2:00 PM AEST for a discussion on the recent changes to skilled visa processing priorities and what they may signal for the future of Australia’s skilled migration program.
The webinar will cover:
An overview of the new processing priority framework for subclass 482 visas, including how Directions 121 and 122 differ from Direction 119.
An explanation of the five priority groups, including priority occupations in construction, healthcare, teaching, agriculture, resources, law enforcement and defence, as well as the advantages available under the Specialist Skills stream.
An analysis of current Department processing trends and what employers can realistically expect for onshore, offshore, Specialist Skills, and family-inclusive applications under the new priority order.
Practical guidance on assessing nominated occupations, Specialist Skills eligibility, salary thresholds, applicant location, and family composition when planning recruitment and workforce needs.
Tuesday, 29 September 2026 – 2:00 PM AEST
If you are unable to attend live, a recording will be made available to registered participants.
The post WEBINAR INVITATION | Ministerial Directions 121 and 122: Navigating Visa Processing Priorities first appeared on Ajuria Lawyers – Leaders in Immigration.
When we wrote on Thursday following Minister Burke’s National Press Club address, the new skilled visa processing priorities had been announced but the replacement Ministerial Direction had not yet been released. We now have it.
Ministerial Direction 121 commenced on Saturday, 19 September 2026 and replaces Ministerial Direction 119 for temporary skilled visa applications. It applies to Skills in Demand (subclass 482) applications, as well as the remaining legacy Temporary Skill Shortage subclass 482 applications. It also applies to applications lodged before 19 September that have not yet been finally determined.
Home Affairs has also updated its processing information, which gives us our first indication of what the new priorities mean in practice.
Under Direction 121, subclass 482 applications are now considered in the following order:
This is a significant change from Direction 119 because the nominated priority sectors now sit above the Specialist Skills stream and, importantly, the priority is no longer confined to applicants already in Australia.
The new Direction does not cover:
Practical impact – processing dates
The practical impact is already apparent from Home Affairs’ updated website. As at this weekend, the Department says it is processing:
This is a very substantial difference depending on where an application sits in the new hierarchy.
However, these dates should not be read as guaranteed processing times. Home Affairs specifically warns that processing timeframes may fluctuate while applications are being reprioritised and that published timeframes may temporarily move backwards.
The broader skilled temporary visa median is currently published as 98 days, but that figure combines applications sitting in very different priority groups and is therefore of limited assistance when advising on an individual 482 case.
What employers should do now
The key question is no longer simply “Is this employee offshore?”
For every proposed 482 application, employers should now be looking at three things together: the precise nominated occupation, whether the employee can qualify for the Specialist Skills stream, and whether the employee is in or outside Australia when the application is lodged.
For businesses with urgent recruitment needs, particularly those involved in construction, resources, agriculture and the other newly prioritised areas, that assessment may make a very significant difference to expected processing times.
Some examples
A construction project:
Direction 121 contains specific definitions of the occupations that qualify for the sector priorities. In construction, for example, the list includes Construction Managers, Engineering Managers, Civil Engineering Professionals, Architects, certain building and engineering technicians, construction trades, construction and mining labourers and a number of specified trades and plant operator occupations.
So the fact that somebody works for a construction company or on a major construction project is not, by itself, enough. We need to look at the nominated occupation.
What does this mean in practice?
Consider a major infrastructure project requiring several different overseas employees.
A Software Engineer
Take an employer sponsoring an offshore Software Engineer under the Core Skills stream on a salary of $120,000.
Assuming the position otherwise satisfies the Core Skills requirements, the salary is well above the current Core Skills Income Threshold of approximately $79,423, but below the Specialist Skills threshold.
Software Engineer is not one of the occupations given sector priority under Direction 121. The applicant therefore does not move into Priority 1 merely because the employer regards the role as critical, and the application does not receive Priority 2 because it is a Core Skills rather than Specialist Skills application.
Because the applicant is offshore, the application falls further down the processing order, behind priority-sector applications, Specialist Skills cases and other applicants who were in Australia when they applied. If it is an applicant with a spouse, it would fall under priority 4.
Hospitality
A Restaurant Manager earning above the Specialist Skills Income Threshold may potentially qualify for the Specialist Skills stream (Priority 2), provided the occupation and all other criteria are met. By contrast, a Chef, even if highly paid, cannot qualify for the Specialist Skills stream because chefs fall within ANZSCO Major Group 3. A Chef would fall under Priority 3 to 5 depending on their location on lodgement and their family composition.
At Ajuria Lawyers, we are working directly with our clients to assess what Direction 121 means for their existing and proposed 482 applications. The impact will depend on the circumstances of each case and, importantly, even employees in the same occupation and working for the same organisation may fall into different priority categories depending on factors such as their location at the time of application, salary, stream and whether family members are included.
The post UPDATE: Ministerial Direction 121 is now in force What it means for 482 visa processing first appeared on Ajuria Lawyers – Leaders in Immigration.
The Australian Government has provided further detail on its plans to reshape Australia’s migration system, reaffirming that migration remains a fundamental strength of the nation while also emphasising the need to better manage population growth, housing pressures and workforce demand. After today’s address by the Minister for Immigration the Hon Tony Burke at the National Press Club, we have some further clarity.
The message delivered is that while the Government’s broader objective remains reducing Net Overseas Migration (NOM) to 225,000 by 2028, the focus is not on drastic cuts to migration. Instead, the proposed reforms are aimed at directing migration towards areas of genuine economic need while tightening pathways that are perceived to be vulnerable to misuse.
Ministerial Direction 119: New Priority Sectors
One of the most significant developments for employers is the proposed expansion of Ministerial Direction 119, which came into effect in July 2026 and has already created considerable processing issues. This Direction determines the order in which many skilled and employer-sponsored visa applications are processed.
Importantly, Ministerial Direction 119 does not change who is eligible for a visa. Instead, it changes which applications are processed first.
The Government has indicated that occupations in the following sectors will be added to the priority processing framework:
Today’s speech did not make it clear that this will assist with offshore applications so it remains to be seen whether workers applying from outside Australia in these sectors may move higher up the processing queue, potentially resulting in faster visa outcomes. We will need to wait for the Ministerial Direction to be updated.
For employers facing workforce shortages, particularly in construction, these changes may improve access to overseas talent and reduce recruitment delays.
Visitor Visa Changes
The Government also plans to expand the use of No Further Stay conditions on Visitor visas.
A No Further Stay condition generally prevents a person from applying for most other visas while remaining in Australia. Instead, they would typically need to leave Australia and apply for another visa from offshore.
The proposal is intended to reinforce the genuine visitor requirement and reduce the use of Visitor visas as a pathway to long-term stay in Australia.
Importantly, the changes are expected to apply to future Visitor visa grants and are not intended to affect people currently holding visas in Australia.
Student and Graduate Visa Dependents
Another proposed reform is the restriction of dependents on future Student and Temporary Graduate visa applications.
Under the proposal, most new Student and Temporary Graduate visa holders would no longer be able to include family members as accompanying dependents. Limited exceptions are expected to remain, including for some PhD students and certain international arrangements.
The Government has indicated that these changes would apply prospectively and would not separate families already living in Australia.
Changes to Working Holiday Maker Visas
The Government has also flagged significant changes to the Subclass 417 Working Holiday Maker program.
While applicants (other than UK nationals) will still need to complete the required regional work to qualify for a second or third Working Holiday visa, eligibility alone may no longer guarantee a further visa grant.
Instead, a ballot system with annual caps is proposed. Based on figures discussed by the Government, demand for second and third-year visas currently exceeds the proposed allocation levels, meaning some eligible applicants may miss out despite meeting all requirements.
Key Takeaway
The Government’s message is that migration will continue to play a vital role in supporting Australia’s economy, but future settings will be more closely managed.
For employers, the proposed expansion of Ministerial Direction 119 may provide faster processing pathways for offshore workers in construction, agriculture, fisheries and teaching occupations. For visa applicants, the proposed restrictions on dependents, expanded use of No Further Stay conditions on Visitor visas, and caps on second and third-year Working Holiday Maker visas could significantly affect future migration planning.
While many of these reforms will require legislative change before implementation, they provide a clear indication of the Government’s intended direction for Australia’s migration program in the coming years.
If you would like to discuss how these changes may affect your recruitment plans or visa application, please contact the Ajuria Lawyers team. In the meantime our team will continue to work with our clients to sift through these significant reforms to find practical answers.
The post Australia’s Migration Reform Agenda: Key Changes for Employers and Visa Applicants | Update from today’s address by Minister Burke first appeared on Ajuria Lawyers – Leaders in Immigration.
Please find our webinar recording below for an update on immigration compliance and work rights checks.
Please contact your Ajuria adviser if you have any questions.
The post Webinar Recording | Immigration Compliance & Work Rights Checks first appeared on Ajuria Lawyers – Leaders in Immigration.
Please find our webinar recording below for a full briefing and discussion about the changes and how they will affect your business and your employees.
Please contact your Ajuria adviser if you have any questions.
The post Webinar Recording | Election 2028: Will the Push to Cut Net Overseas Migration (NOM) Make It Harder for Australian Employers to Recruit Skilled Work first appeared on Ajuria Lawyers – Leaders in Immigration.
As Australia heads towards the 2028 Federal Election, migration has once again become one of the hottest political issues. Both major parties are under pressure to act to reduce Net Overseas Migration (NOM) by election time, but what does this mean for employers who rely on skilled workers from overseas?
Recent changes to processing priorities may have changed the recruitment landscape more than many employers realise. While visa eligibility has not changed, the order in which skilled visa applications are processed has. In most cases, applications lodged for workers who are already in Australia will now be prioritised ahead of applications for workers overseas regardless of urgency or need for those workers.
Announced quietly and with little fanfare, is this really a simple process change, or does it represent a much broader shift in Australia’s approach to skilled migration? Is it short-term gain or are there deeper forces at work?
Join Ajuria Lawyers and special guest Henry Sherrell for a practical and thought-provoking webinar where we will explore:
About our guest Henry Sherrell
Henry is an adviser at the Scanlon Foundation and is a member of the Migration Advisory Council on Skilled Migration expert sub-committee. Prior to this, he worked for the Minister for Immigration and Citizenship, and the Department of Immigration and Citizenship. He was the Deputy Program Director (Migration) at the Grattan Institute.
Thursday, 13 August 2026 – 2pm AEST
Whether you regularly sponsor overseas workers or are planning your future workforce strategy, this webinar will help you understand the changing migration landscape and what it means for your business.
Don’t miss this timely discussion on one of the most significant changes to Australia’s skilled migration program ahead of the changing political climate in Australia.
The webinar will be recorded.
The post Webinar Invitation | Election 2028: Will the Push to Cut NOM Make It Harder for Australian Employers to Recruit Skilled Workers? first appeared on Ajuria Lawyers – Leaders in Immigration.