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Labor’s Long-awaited Migration Crackdown: What Actually Changed

by Fahad Shamim / Thursday, 17 September 2026 / Published in Australia, Visa & Migration
Labor's Long-awaited Migration Crackdown: What Actually Changed

Table of Contents

Toggle
  • Introduction
    • Key figures
  • Introduction to the changes
  • A ballot decides who gets a second and third year
  • Book a Migration Consultation
  • Bringing family becomes the exception, not the norm
  • A harder line on “visa hopping”
  • No more “arrive as a tourist, switch later”
  • Healthcare, trades and teaching move up the queue
  • Overstayers, dodgy agents and the character test
  • Why this took six weeks longer than planned
    • One Nation says Labor copied its homework
    • Albanese and the Coalition couldn’t agree
  • What Edvise Hub recommends right now
  • Not sure how this affects your application?
    • Sources included on the page

Introduction

After a speech delayed more than six weeks by cabinet disagreement, Home Affairs Minister Tony Burke finally used his National Press Club address to unveil Labor’s migration overhaul — a backpacker ballot, tighter student-visa rules, and a harder line on overstayers. Here’s everything confirmed, in plain English.

Announced by: Tony Burke, Minister for Home Affairs
Where: National Press Club, Canberra
Delayed by: 6+ weeks after a cabinet clash

Key figures

  • 292,100 — Net overseas migration, year to March 2026
  • 245,000 — Target for the current financial year, 2026–27
  • 225,000 — Target for 2027–28
  • 556,000 — Post-pandemic peak, in 2023
  • Net overseas migration has been falling for 7 straight quarters.
  • Net overseas migration was down from 299,000 in December.

Introduction to the changes

Migration has become one of the most politically charged issues in Canberra, with One Nation surging in the polls and both major parties under pressure to show they can bring numbers down. Burke’s package is Labor’s answer — and it goes well beyond students, touching backpackers, visitor visas, skilled migration and visa compliance.

Cabinet only signed off on the final package the day before the speech. Below is a section-by-section breakdown of what was actually announced.

A ballot decides who gets a second and third year

The headline new measure is an expanded “backpacker ballot.” Working Holiday Makers wanting to stay for a second or third year will be entered into a ballot, with only a capped number allowed to remain each year — similar to caps already used for some temporary Chinese, Indian and Vietnamese visa holders.

The caps: 45,000 places for second-year applicants and just 5,000 for third-year applicants. Burke noted the second-year cap covers most people — about 57,000 needed to go through last year — but the third-year cap is far more severe, well below the 31,000 who applied last year.

Second-year backpackers: 57,000 needed a place last year → cap of 45,000

Third-year backpackers: 31,000 applied last year → cap of 5,000

The scale of this: on last year’s figures, roughly 38,000 third-year backpackers who wanted to stay would be turned away under the new cap. Everyone entering the ballot still has to complete their existing regional work requirement.

The UK is exempt — its citizens can still stay as backpackers for three years under the Australia–UK Free Trade Agreement, uncapped. Burke flagged that the roughly 80,000 UK backpackers now in Australia (more than double the pre-pandemic peak of 35,000) is a “challenge” he intends to raise with the UK government directly.

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Bringing family becomes the exception, not the norm

The change with the most direct impact on students: the government will restrict secondary applicants — partners and children included on a student visa — so the “vast majority” of international students are expected to arrive without family members.

Australia issued more than 337,000 student visas last year; around 45,000 went to dependants or family members. Which visa subclasses or study levels will be exempt hasn’t been detailed yet.

What this means for you: if you were planning to bring a partner or children while you study, don’t assume this will still be possible. Wait for the official rules — including any exemptions — before making firm commitments.

A harder line on “visa hopping”

Burke confirmed the government will further restrict international students who use a student visa to “hop” to another visa onshore, extending their time in Australia beyond their original study plans.

This builds on 2024 rules that stopped Visitor and Temporary Graduate visa holders applying for a Student visa while already in Australia. Burke was blunt about the logic:

“Once they get here, and if they apply onshore, the process has been that they stay, and they’re put on a bridging visa. It’s a double standard that really has no logic attached to it. But the consequence of that sort of double standard has been deeply problematic.”

— Tony Burke, Minister for Home Affairs

No more “arrive as a tourist, switch later”

Every Visitor visa will now carry a “no further stay” condition, so it can only be used by genuine short-term visitors — not as a stepping stone to a longer stay in Australia.

What this means for you: if your plan involved entering on a Visitor visa and applying for a student visa once you’re here, that route is being deliberately closed. Apply for your student visa from outside Australia instead.

Healthcare, trades and teaching move up the queue

Ministerial Direction 119 will be updated so bureaucrats prioritise processing for applicants with in-demand skills. Burke named healthcare, construction, education and law enforcement specifically — the skilled list runs to hundreds of professions, including paramedics, electricians and teachers. Defence, resources, agriculture, aquaculture and fishing applicants could also get improved consideration.

The areas listed are:

  • Healthcare
  • Construction
  • Education
  • Law enforcement
  • Defence
  • Resources
  • Agriculture
  • Aquaculture
  • Fishing

Faster processing isn’t an automatic grant — it changes the order applications are worked through, not the eligibility rules themselves.

Overstayers, dodgy agents and the character test

New compliance measures will target foreign citizens remaining in Australia without a valid visa, with the aim of getting them to leave the country. Migration agents who knowingly support visa applications “without merit” face new penalties.

Ministerial Direction 110, which governs character-test considerations, will also be updated — including changes intended to better protect child victims of crime and people affected by domestic and family violence.

“The government supports immigration but is opposed to anyone rorting the immigration system. Almost everyone who comes to Australia is a good guest in our country. These reforms are to ensure that our migration system can be better targeted to the current needs of Australia.”

— Tony Burke

Why this took six weeks longer than planned

Burke’s original press club address was abruptly cancelled in early August after what’s understood to have been a heated cabinet discussion. Cabinet only signed off on the final package the day before Thursday’s rescheduled speech.

One Nation says Labor copied its homework

Pauline Hanson and Barnaby Joyce accused Labor of replicating One Nation policy under political pressure. Hanson called it “smoke and mirrors”; Joyce said it was “an exact replication” of his party’s approach. One Nation itself wants to cut migration by 750,000 over three years — pushing net migration negative — and ban migrants from 26 countries, a plan with no independent modelling or costing behind it.

Albanese and the Coalition couldn’t agree

Prime Minister Anthony Albanese met Opposition Leader Angus Taylor in the week before the announcement to discuss tougher migration measures, but the two sides failed to reach agreement — underscoring how contested migration policy has become heading into the next term.

What Edvise Hub recommends right now

Nothing here changes your current visa conditions overnight. But it’s a good moment to check your plans against what’s coming.

  1. Don’t act on headlines alone. Several changes still need legislation or regulatory detail before they take effect.
  2. Bringing dependants? Get your application moving and speak with an adviser before assuming current rules will still apply.
  3. Planning to enter on a Visitor visa? Reassess — the “no further stay” condition is designed to close that route.
  4. On a working holiday, hoping for year two or three? Budget for the ballot — especially for a third year, where the odds have tightened sharply.

Not sure how this affects your application?

Talk to an Edvise Hub adviser before you make your next move — we’ll walk through your specific visa pathway and what these changes mean for it.

Sources included on the page

  1. The Guardian — Tom McIlroy & Sarah Basford Canales, “Labor unveils long-awaited plans to trim immigration, targeting students’ families and visa overstayers”, 17 Sep 2026
  2. Nine News — Adam Vidler, Yashee Sharma & Daniel Jeffrey, “‘Backpacker ballot’ to form part of sweeping migration crackdown”, updated 17 Sep 2026
  3. Insider Guides — “Breaking News: Australia Announces Major Migration Changes”, 17 Sep 2026

Disclaimer: This briefing summarises publicly reported details of a government announcement. Full legislative and regulatory detail had not been released at time of writing — treat specific figures and scope as subject to change until confirmed by the Department of Home Affairs.

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About Fahad Shamim

Fahad Shamim is an experienced Australian education and migration consultant at Edvise Hub, helping international students and migrants achieve their study and settlement goals in Australia. He is a MARA Registered Migration Agent (MARN 2619225) and a Qualified Education Agent Counsellor (QEAC – G12906), providing accurate, ethical, and compliant advice on Australian visas and education pathways. With strong expertise in student visas, post-study work options, skilled migration, and partner visas, Fahad shares practical insights and guidance to help applicants make confident, informed decisions.

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