Australian Immigration Daily News

The Migration Amendment (Referred Stay (Permanent) (Class DH) Visa) Regulations 2026 clarify the danger criterion for the Subclass 852 visa and relocate it from the application validity requirements to the visa grant criteria.

The Referred Stay visa provides a permanent residence pathway for eligible people who would face danger in their home country because of their assistance with investigations into human trafficking, slavery or slavery-like practices in Australia.

What is changing?

The Department of Home Affairs and the Office of the Migration Agents Registration Authority (OMARA) will present at Legal Training Australia’s upcoming National Migration Conference: Home Affairs and OMARA Updates (CN220).

Held online on 18 November 2026, from 10:30 am to 12:00 pm AEDT, the conference will bring together departmental, regulatory and legal updates relevant to registered migration agents and immigration lawyers.

Department of Home Affairs update

National Code Standard 7: student transfer restriction temporarily extended to 12 months

From 2 October 2026, amendments to Standard 7 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 temporarily extend the provider transfer restriction period for overseas students transferring from non-school providers.

The changes are introduced by the National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Overseas Student Transfers) Instrument 2026 (F2026L01351).

The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087) commences on 2 October 2026.

The instrument amends LIN 20/158 to specify exemptions relevant to further onshore Subclass 500 applications and the inclusion of family members under the revised Student visa framework.

Further onshore Student visa applications

The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102) specifies classes of visa holders who must be outside Australia to make a valid application for a Subclass 500 (Student) or Subclass 590 (Student Guardian) visa.

The instrument commences on 2 October 2026 and repeals and replaces LIN 26/068.

Affected visa holders