Several Australian migration instruments are approaching their automatic expiry date under the sunsetting regime. Under the Legislation Act, this generally occurs on 1 April or 1 October following the 10th anniversary of an instrument’s registration.
To ensure that the relevant rules remain in effect, the Australian Government has issued replacement instruments ahead of the 1 October 2026 sunsetting date.
The four instruments below all commence on 25 September 2026.
1. Migration (Fields of Education) Instrument 2026 (LIN 26/057)
The Migration (Fields of Education) Instrument 2026 (LIN 26/057) replaces IMMI 16/076.
It specifies the fields of education that meet the specialist educational qualification requirement under the Migration Regulations 1994.
The changes are primarily technical in nature and do not alter the existing policy settings.
2. Migration (Complying Entrepreneur Activity-Funding Entities) Instrument 2026 (LIN 26/055)
The Migration (Complying Entrepreneur Activity-Funding Entities) Instrument 2026 (LIN 26/055) replaces IMMI 16/074.
The instrument specifies the entities with which a start-up may enter into a legally binding agreement to obtain funding for a complying entrepreneur activity.
The provision is relevant to the Entrepreneur stream of subclass 188 and 888 visas. The existing policy settings remain unchanged.
3. Migration (Complying Entrepreneur Activity-Excluded Activities) Instrument 2026 (LIN 26/056)
The Migration (Complying Entrepreneur Activity-Excluded Activities) Instrument 2026 (LIN 26/056) replaces IMMI 16/075.
It specifies the activities that are excluded from the definition of a complying entrepreneur activity for the Entrepreneur stream of subclass 188 and 888 visas.
The replacement of the instrument does not change the existing policy settings.
4. Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068)
The Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068) replaces IMMI 2016/016.
The instrument specifies the temporary visa subclasses that prevent a visa holder from making a valid Student visa application while in Australia.
The new instrument covers:
- Subclass 403 - Temporary Work (International Relations): only the Domestic Worker (Diplomatic or Consular) stream.
- Subclass 485 - Temporary Graduate: all streams.
- Subclass 600 - Visitor: all streams.
- Subclass 601 - Electronic Travel Authority: all streams.
- Subclass 602 - Medical Treatment: all streams.
- Subclass 651 - eVisitor: all streams.
- Subclass 771 - Transit: all streams.
- Subclass 988 - Maritime Crew: all streams.
- Subclass 995 - Diplomatic (Temporary): only primary visa holders.
Notably, subclass 426 - Domestic Worker (Temporary) - Diplomatic or Consular has been removed from the new instrument because the program stopped accepting new applications on 24 November 2012.
Anyone planning to apply for a Student visa while in Australia should check their current visa carefully, including the subclass, stream and visa-holder status, before preparing their application.
Overall, these changes represent the replacement of existing instruments ahead of their sunsetting dates, rather than a comprehensive change to visa requirements. However, whether a person is permitted to lodge a Student visa application while in Australia remains an important factor that should be checked at the very beginning of any visa-switching strategy.
