Australian Immigration Update: Key Legislative and Program Changes (MIA Notice 32)

The Australian immigration landscape is constantly evolving, and recent announcements from the Migration Institute of Australia (MIA Notice 32) highlight several critical legislative changes and program updates that could impact your journey to Australian permanent residency or citizenship. Key changes introduced by the Australian Government include updates to the permanent migration program, reflecting a strategic shift in migration planning to better coordinate with housing, infrastructure, and service needs over multiple years.

Our team at Australian Migration Lawyers have summarised the most important developments you need to know, spanning citizenship requirements, skilled migration programs, and important visa application reminders.

Permanent Migration Program and Multi-Year Planning Model

The permanent migration intake remains a central focus, as it responds to the growing demand for Australian immigration pathways, particularly in skilled migration and family reunification. Starting in the 2025–26 financial year, the Australian Government will implement a multi-year planning model for the Migration Program, extending the planning horizon to four years.

The allocation for the permanent migration program will remain stable at 185,000 places for 2025–26, consistent with the 2024–25 program year, ensuring continued access to permanent residence and permanent visa pathways. Public input on the size and composition of the first four-year cycle (2025–26 to 2028–29) will begin later this year, supporting a more stable and predictable environment for both migrants and employers. This approach reinforces the Government’s long-term vision for permanent residency visa options and migration planning.

International Education and Student Migration Trends

International education continues to play a vital role in Australia’s economy and migration system. In the 2023–24 financial year, education exports from international students reached approximately $50 billion, making it Australia’s fourth-largest export sector.

The government has announced an increase in enrolment caps for international students from 270,000 to 295,000 for the 2025–26 financial year. International students are a significant driver of net overseas migration, accounting for about half of total net overseas migration during certain periods. They also contribute to the Australian labour force through part-time work while studying. Since the reopening of international borders in late 2021, the number of international students onshore has rebounded to near pre-pandemic levels.

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Business and Investment Migration Changes

A major legislative change is the closure of the Business Innovation and Investment Program (BIIP) on 1 July 2024, with the introduction of the National Innovation Visa (NIV) as its replacement. This marks a strategic shift in Australia’s business innovation and investment migration policy.

The National Innovation Visa provides a new permanent residency pathway for exceptional talent, with a stronger emphasis on state-specific criteria and alignment with Australia’s broader skilled migration strategy.

Citizenship Law Reforms

Two major Bills have introduced significant changes to the Australian Citizenship Act 2007, focusing on modernising processes and addressing special residency circumstances.

1. New Flexibility for Special Residence Requirements

The Home Affairs Legislation Amendment (2025 Measures No. 2) Act 2025 removes certain residency barriers for individuals engaging in activities that benefit Australia, who are required to spend extended periods overseas.

• What this means: If you are involved in work or pursuits deemed to be of benefit to Australia, this amendment may make it easier for you to meet the citizenship residency requirements despite frequent or long absences from the country.
• Commencement: This change commenced on 2 December 2025.

2. Digital Citizenship Evidence

In line with the Government's "tell us once" initiative, the Regulatory Reform Omnibus Bill 2025 streamlines processes and reduces regulatory burden.

• Key Change: The reforms introduce digital notices of evidence of Australian citizenship, alongside traditional paper certificates.
• Surrender Obligations: Importantly, obligations to surrender evidence upon revocation or cancellation of citizenship now apply only to physical certificates, distinguishing them from the new digital notices.
• Application Streamlining: Application processes for evidence of citizenship, including for children under 16, are also being streamlined to allow for more flexible online submissions.
• Commencement: These amendments to evidence of citizenship commenced on 5 December 2025.

Skilled Migration Program Updates

1. NSW Skilled Migration Program 2025-26

The New South Wales (NSW) Government has announced key details for its skilled migration program for the 2025-26 financial year. There is a significant overall reduction in visa allocations for 190 and 491 visas for the 2025-26 financial year, complicating state nominations particularly in major states like NSW. Both onshore and offshore applicants are considered for state nomination under the NSW program.

• Total Allocations: NSW has been allocated 2,100 Skilled Nominated (Subclass 190) visas and 1,500 Skilled Work Regional (Subclass 491) visas. Eligible applicants must meet the skills income threshold (CSIT) for certain visa subclasses. The Subclass 491 visa is specifically designed for skilled workers who wish to live and work in regional areas.

Subclass 190 Visa (Skilled Nominated)

• Monthly invitation rounds for the Subclass 190 visa will recommence from January 2026 until the annual allocation is met.
• Only occupations listed on the NSW Skills List will be considered for invitation.

Subclass 491 Visa (Skilled Work Regional)

• Pathway 1 – Work in Regional NSW and Pathway 3 – Regional NSW Graduate will open on 19 January 2026.
• Pathway 2 – Invitation by NSW will be determined based on demand for Pathways 1 and 3, with the earliest possible invitation round being in April 2026.

Important Note on Validity: For a Subclass 491 application to be deemed valid, all supporting documents (including skills assessment and English test) must remain valid for at least five days after submission.

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Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

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2. November Invitation Round Results

The Department conducted an invitation round on 13 November 2025 for certain Skilled visas.

• Total Invitations Issued: 10,300.
• Skilled Independent (Subclass 189) visa: 10,000 invitations. The Subclass 189 is the skilled independent visa, a points-based, sponsor-free pathway that is highly popular among many applicants seeking permanent residency in Australia.
• Skilled Work Regional (Provisional) (Subclass 491) visa (Family Sponsored stream): 300 invitations.

In the August 2025 invitation round, trades and construction secured over 70% of skilled visa invitations, reflecting a strong focus on these sectors. The federal government is prioritising skilled migrants, who accounted for more than two-thirds of the 185,000 permanent migration spots granted. The core skills income threshold played a significant role in determining eligibility for skilled migration in this round, directly impacting both employer sponsorship costs and opportunities for regional migration pathways. These results have important implications for visa applicants, as changes to eligibility criteria and the Skills in Demand visa continue to shape migration flows and opportunities.

After receiving an invitation, successful invitees can proceed to the visa grant stage, where the Department of Home Affairs assesses their application for final approval.

Current Issues & Critical Reminders

Bridging Visa B (BVB) Applications

With the holiday season approaching, the Department anticipates a significant increase in BVB applications.

• Lodgement Advice: To minimise disruption to travel plans, you should lodge your BVB application at least two weeks prior to your intended travel date.
• Urgent Cases: If you are due to travel in the coming days and your BVB has not been granted, your Migration Lawyer can assist by escalating the application with the Department.

Strengthening Standard Business Sponsorship (SBS) Applications

Recent observations indicate an increase in refusals for SBS applications, which are required for employer sponsored visas, where the case officer is not satisfied that the sponsoring business is lawfully operating.

• Required Evidence: Case officers are looking for evidence of active, ongoing operations, not just lawful establishment. For certain employer sponsored visas, evidence of meeting the skills income threshold ssit, temporary skilled migration income, and skilled migration income threshold may also be required.
• Recommended Documents: We strongly advise providing a broad range of externally verified documents, such as:
• A letter of support from the business’s accountant
• Annual reports with financial statements prepared by external accountants
• Tax returns
• Multiple Business Activity Statements (BAS)
• Bank statements showing regular transactions

Clarification on Skills Assessing Authorities for ANZSCO 224999

There is ongoing confusion regarding the correct skills assessing authority for Information and Organisation Professionals nec (ANZSCO 224999).

Note: For the Subclass 186 visa, Data Scientist has its own separate ANZSCO code (224115). Applicants are advised to carefully cross-check legislative instruments and occupation lists to ensure the correct authority is identified.

Take the Next Step with Expert Guidance

Navigating these legislative updates, skilled migration pathways, and application complexities requires meticulous attention to detail. The smallest error in documentation or misunderstanding of a requirement can lead to significant delays or refusal. We recommend consulting a registered migration agent or immigration lawyers for advice tailored to your individual circumstances.

If you are planning to apply for Australian Citizenship, a Skilled Visa in NSW, or need assistance with an urgent Bridging Visa B application, our experienced team at Australian Migration Lawyers are here to help.

Don’t risk your future due to complex rules. Migration agents can help you navigate these changes and ensure compliance. Contact us today for a consultation to ensure your application is strategically prepared and fully compliant with the latest changes.

Frequently Asked Questions (FAQ)

When do the new digital citizenship evidence rules start?

The amendments allowing for digital notices of evidence of Australian citizenship, as part of the Regulatory Reform Omnibus Bill 2025, commenced on 5 December 2025.

How many invitations were issued in the November 2025 round?

A total of 10,300 invitations were issued in the round held on 13 November 2025, which included 10,000 for the Subclass 189 visa and 300 for the Subclass 491 (Family Sponsored) visa.

What is the recommended timeframe for lodging a Bridging Visa B (BVB) application?

The Department advises lodging your BVB application at least two weeks prior to your intended travel date due to anticipated higher processing volumes.

When do the NSW Skilled Work Regional (Subclass 491) Pathway 1 and 3 open?

These two pathways for the NSW Subclass 491 visa will open on 19 January 2026.