Tony Burke announced a package of migration changes at the National Press Club on 17 September 2026. Nothing in it has started. No law has changed, no regulation has been made, and no start date was given for any measure. An application submitted today is assessed under the rules that already exist.
Second and third year Working Holiday visas would move to a ballot. 45,000 second-year places, against about 57,000 people who qualified last year. 5,000 third-year places, against about 31,000 in that group.
The regional work requirement stays, and it comes first. 88 days of specified work to enter the second-year ballot, six months for the third-year ballot. Doing the work would qualify you for the draw, not for the visa.
A no further stay condition would go on visitor visas, and the announced purpose is to make visitor visas easier to get. The condition stops the holder applying for most other visas from inside Australia. With that route closed, Burke said, a partner waiting on a spouse visa would be able to visit Australia regularly.
Students and graduates would no longer be able to bring family members. This reaches the 485 Temporary Graduate visa as well as the 500 Student visa. The Pacific, ASEAN countries and certain courses, PhDs among them, were named as exceptions. Anyone already in Australia with family attached keeps that as it is.
Course changes: one of three routes closes. Moving up to a higher qualification stays open. Moving sideways, or down to a cheaper provider, is what ends.
The points test is being redone, with housing trades set to score the same as a university qualification.
Priority processing widens. Construction, agriculture, fisheries, resources and teaching would be added, across permanent and temporary visas.
Net overseas migration was 292,000 in figures released that morning, which Burke put at 47% below the post-pandemic peak, with a target of 225,000 by 2028.
Tony Burke set out a package of migration changes in an address to the National Press Club on 17 September 2026. For most people reading this, the consequential item is a ballot for second and third year Working Holiday visas: 45,000 second-year places and 5,000 third-year places, where last year about 57,000 people qualified for a second year and about 31,000 were in the third-year group.
Not all of it is a tightening, and we are not going to pretend otherwise for a tidier story. Two measures are meant to make things easier. Normal processing speed would be restored for the Working Holiday cohorts that carry the regional work requirement. And the visitor visa change is designed so that a partner waiting on a spouse visa can actually get a visitor visa. Both sit alongside real restrictions, and none of it has a start date.
Everything below comes from the address and the question-and-answer session that followed it, both of which we watched in full, rather than from other people's coverage of it.
Nothing announced on 17 September 2026 is law. There is no regulation, no legislative instrument, and no published start date for any of the measures below. If you are applying for an Australian visa this week, the rules that apply to you are the rules that applied last week.
Has anything changed for an application submitted today?
No. Every measure in the address is a statement of intent, not a rule in force.
A migration change becomes real when it is written into law: an amendment to the Migration Act 1958, or a registered legislative instrument such as a change to the Migration Regulations 1994. Each carries its own date from which it applies. None of these measures has reached that point.
The difference between those two routes came up in the address. Burke said two of the measures he wanted, on protection claims and on an expression of interest system, could not be announced because they need legislation. Legislation means a vote in both houses of Parliament. Visa criteria sit in the Regulations instead, where a change is law from the day it is registered and no vote is needed. That route is faster, and it gives less notice.
The detail that decides whether a change reaches you personally sits in the instrument, not in the speech. Who is exempt, what counts as an existing application, what happens to someone part-way through something: none of that is written yet. Read an announcement for direction, not for dates.
Are second and third year Working Holiday visas going to a ballot?
That is what was announced. Second and third year Working Holiday visas would be allocated by ballot, with 45,000 places for second-year visas and 5,000 places for third-year visas. Last year about 57,000 people qualified for a second year and about 31,000 were in the third-year group. No start date was given.
Burke was direct about the reason. The government wants control and certainty over the numbers, and he said not everybody who qualifies will get through. The third year is where the gap is widest, from about 31,000 people to 5,000 places.
This touches both Working Holiday subclasses, the 417 and the 462. It is separate from the existing ballot that already gates first Work and Holiday visas for a few countries, which our 462 ballot guide covers.
We are not going to put a number on anyone's chances. How the draw would run, how often, and who would sit in each pool were not announced. What is clear is that two numbers went from uncapped to capped.
The 88 days still comes first
The regional work requirement was not touched. Under what was announced you would still need 88 days of specified work to enter the second-year ballot, and six months for the third-year ballot. Finishing the work would qualify you for the draw, not for the visa.
That ordering is the practical heart of this for anyone part-way through their days. The records that prove your days matter exactly as much as they did yesterday. Where the work has to happen has not changed either. Our eligible postcodes guide covers the geography, and the Working Holiday guide covers what counts as specified work.
Tern Tip
Keep your payslips, employer reference letters, and matching bank records for every day of specified work, and keep them as you go rather than reconstructing them later. That was the right habit under the current rules, and nothing here makes it less so. Documentation you cannot produce is documentation you do not have.
What was announced for UK passport holders
The UK measure is about processing speed, not the ballot. Under the free trade agreement, UK citizens have no regional work requirement. Burke said the ballot lets the government restore normal processing speed for primary Working Holiday applications, but only for the cohorts that carry the regional work requirement. UK applications would keep being processed at the slower pace of recent months.
He gave the numbers behind that. About 17,000 UK backpackers were in Australia when the free trade agreement was signed. The previous peak was around 35,000. The figure now is just under 80,000.
One thing the announcement does not resolve, and we are not going to smooth it over. Qualifying for the ballot was described as completing the regional work. The UK has no regional work requirement. Burke never reconciled those two statements, so whether and how a ballot would apply to UK citizens at all is unanswered. If you hold a UK passport, treat your position on the ballot as unknown until the instrument is published, including the version of it that sounds better for you.
What was announced about no further stay on visitor visas?
Visitor visas would carry a no further stay condition. That condition stops the holder being granted another visa while they are in Australia. The announced purpose of adding it is to make visitor visas easier to get, which is close to the opposite of how the measure first reads.
Burke described a double standard. A couple who apply from outside Australia wait years on a partner application. A partner who comes on a visitor visa and applies from inside Australia gets a bridging visa and stays while that application is decided. Because that route exists, case officers could not be satisfied that a visitor with an Australian partner would actually leave. Whether you will leave is the test a visitor visa turns on. So genuine visitors were being refused: people who wanted to attend a wedding, be at a family milestone, or see an aged relative before they died.
Removing the automatic switch to a bridging visa is what is meant to fix that. If a visitor visa cannot be used to stay on, the reason for refusing it falls away, and the visa can be granted. Burke made the partner point twice, once in the address and again when he was asked about partner visa waiting times: a partner waiting on a spouse visa would be able to visit Australia regularly.
Two limits were stated:
It does not apply to protection applications. Other onshore applications, meaning applications made from inside Australia, are what it reaches.
It has no effect on anyone already in Australia. It governs the issuing of future visas.
The cost is real and worth naming. A visitor visa carrying a no further stay condition cannot be used to apply for the onshore partner visa (subclass 820). That is condition 8503, and it is not new; it already closes that route today. What would change is how often it applies. Anyone whose plan was to visit and then apply from inside Australia would instead be applying from outside Australia, on the 309 partner visa or the 300 prospective marriage visa. Our guide to bringing an overseas partner on a tourist visa works through that trade-off as the rules stand today, and our bridging visa guide explains what the bridging visa actually does.
The subclass scope is still not stated, and it decides a lot. Burke referred to visitor visas throughout and never distinguished the subclasses. A visitor visa in Australia is at least three different things. The subclass 600 Visitor visa is the one people apply and pay for. The subclass 651 eVisitor is what most European passport holders travel on, including UK citizens. The subclass 601 Electronic Travel Authority covers US, Japanese and Canadian passport holders, among others. Nothing in the address says whether the measure reaches the 600 only, or the 651 and the 601 as well. Those last two are the visas most people actually arrive on. Nor was it said whether the condition would go on every visitor visa or be used more widely than it is now at a case officer's discretion. We do not know, and we will keep saying so until the instrument settles it.
If you hold a visitor visa today, your own grant notice is the document that decides your position. Our visitor visa extensions guide explains how to check for the condition and the narrow grounds on which it can be waived.
Can students and graduates still bring their partner and children?
Today, yes. What was announced is that they would not be able to. Burke said family members would no longer be allowed to be attached to international student or graduate visa applications. That puts the 485 Temporary Graduate visa inside this measure alongside the 500 Student visa.
Two parts of it matter more than the headline.
People already in Australia were addressed directly. Anyone already here with family members attached keeps that arrangement until they leave or become entitled to a permanent visa. Burke was explicit that no families would be broken up inside Australia.
The exceptions are broader than the first reports suggested. He named the Pacific, ASEAN countries, which include Indonesia, Vietnam, the Philippines, Thailand and Malaysia, and certain courses, giving PhDs as the example. No list of qualifying courses was published, no mechanism was described, and no start date was given.
Two related things were addressed but not changed. Student planning levels, the numbers that shape how many student visas are granted, stay as they are. And refusal rates have risen for applicants from some countries because of closer checking of whether an applicant can genuinely afford the course. Burke said that has been misreported as a measure to bring net overseas migration down, and that it is not one.
If you are on a 500 or a 485 and your partner or children are already included, nothing about your situation has changed. If you were planning to add someone later, that is the plan this measure would reach. Watch for the instrument rather than the headlines.
Is student visa hopping being banned?
Three different things get called visa hopping, and only one of them is closing.
Extension. A 12-month extension where a student got sick or their provider collapsed: unchanged.
Transfer. Moving to the same institution or the same level of study, using credits already earned: still allowed, and it would be tested for legitimacy.
Progression. Upward only. Bachelor degree to masters is fine. Moving sideways, or down to a cheaper provider, is what ends.
Burke's reasoning was aimed at repeat switching between providers as a way of extending a stay rather than studying.
What nobody has yet is the detail that decides individual cases: how the qualification scale would be defined, which qualifications sit at which level, how a same-level transfer would be tested for legitimacy, and what happens to a course change already underway. None of it is in force. If you are weighing a course change, you are assessed under today's rules.
What was announced for skilled visas and the points test?
The points test for the permanent skilled program is being rebuilt, worked up with Treasury. The specific change Burke named: the new test would be able to lift particular skills so they score as a higher qualification, and on implementation housing trades would score the same as a university qualification.
That is a genuine shift in who the points test rewards. If you work in a housing trade, this is the measure in the package most likely to matter to you, and it is also the one carrying the least detail. There is no published points table, no list of which trades count as housing trades, and no start date.
Is priority processing changing?
Yes, as announced. Ministerial Direction 119 is being replaced. A Ministerial Direction is a written instruction from the Minister that tells case officers what order to decide applications in. The replacement would add construction, agriculture, fisheries, resources and teaching to the priority list, across both permanent and temporary visas.
This points in the opposite direction to the slower processing of recent months. For anyone working in one of those five sectors, it is the measure most likely to touch a real timeline. We are not going to attach a number of weeks or months to it. Priority processing changes the order of a queue rather than its length, and the replacement direction is not published.
What else was announced: overstayers and migration agents
Two more measures were announced. Neither changes a visa criterion, and neither has a start date.
For people found in Australia without a valid visa, the announcement is a return to the practice Australia used before 2015: detention, and an expectation that they arrange their own departure. The resourcing was named as 100 extra compliance officers and 250 extra detention beds. Burke stressed that this is not a United States style operation and goes no further than what Australia did before 2015. The number of people in Australia without a valid visa has been reported as 77,000, a figure from the ABC's coverage rather than from the address.
For registered migration agents, the code of conduct would be changed so that an agent who encourages non-meritorious protection claims can be sanctioned and deregistered.
What do the migration numbers actually say?
Net overseas migration was 292,000 in the figures released on the morning of the address. Burke put that at 47% below the post-pandemic peak, tracking to the budget figure of 245,000 and slightly below it, with a target of 225,000 by 2028.
Net overseas migration counts everyone who arrives minus everyone who leaves, across temporary and permanent visas together, so it is a different measure from the permanent migration program. Our 2026-27 Budget explainer covers what the number counts and how it is built.
Burke also made a point about the framing. Net overseas migration used to be a budget forecast and is now treated as a target, which he called a very different way of looking at it. He maintained that parts of the number sit outside government control, citing Australian citizens coming home and the relative strength of the economy.
Read the target as direction. The measures underneath it are where any effect on an individual application would come from, and those still have to be written into law.
What was not announced
Burke marked the edge of the package himself. Two measures he wanted were left out because they need legislation:
Measures against protection claims he described as disingenuous. He said that part of the story could not be completed on the day.
An expression of interest system for arrivals, which he called the most effective lever available on who comes to Australia. Nothing was said about how one would work or when it might be put to Parliament.
He also said the reforms are not as comprehensive as he would like them to be. That is his assessment, not ours.
Partner visa policy itself was not changed. Partner visa waiting times came up in the questions after the address, and the answer Burke gave was the visitor visa measure: partners waiting on a spouse visa being able to visit. No change to the partner visa program, its criteria or its processing was announced.
No start date was given for anything. Not the Working Holiday ballot, not the visitor visa condition, not the family members measure, not the course progression rule, not the points test, not the replacement direction, not the compliance measures. Any date you see attached to these measures today is somebody's estimate.
Do the 17 September 2026 announcements affect a visa application submitted today?
Will I need to enter a ballot for a second year Working Holiday visa?
Do I still need 88 days of regional work under the announced ballot?
How many second and third year Working Holiday places would there be?
Are UK passport holders affected by the Working Holiday changes?
Would a no further stay condition make visitor visas harder or easier to get?
Does the visitor visa no further stay change affect a visa I already hold?
Can my partner visit Australia while we wait on a partner visa?
Can my partner still come with me on a student or 485 graduate visa?
Is student visa hopping being banned?
Are student visa planning levels changing?
What is changing in the skilled migration points test?
Which visas would get priority processing?
Was anything announced about partner visas on 17 September 2026?
What did the government say it could not announce yet?
Where can I read the official announcement?
Working Holiday, visitor, student, 485, skilled: whichever of these you hold, the honest summary is the same. The direction changed today, and the rules did not. Your 88 days still count the way they counted yesterday. The conditions on your visa are the ones printed on your grant notice. The measure that would affect you does not exist in law yet, and when it does, the instrument will be where the real detail is.
The most useful thing to do with an announcement is keep your own file in order. That means records of specified work, a clear read of your own visa conditions, and a plan built on the rules that exist. Our Working Holiday visa guide and visitor visa guide describe the rules as they stand today, and we update them when the law moves rather than when a speech does.
When you are ready to apply under the rules that actually apply to you, we prepare and submit the application, and we tell you when a situation is complex enough to need a lawyer. Start from our Working Holiday visa page or the visa selector.
Sources: the National Press Club address of 17 September 2026 and the question-and-answer session that followed it, both watched in full. The official transcript had not been published at the time of writing, so nothing here is presented as a direct quotation. The figure of 77,000 people in Australia without a valid visa comes from the ABC's coverage rather than from the address. We will re-check this post against the official transcript once it is available and add direct quotations then.






