Australian Immigration Daily News

The Migration Agents Regulations 2026 will commence on 1 April 2026 and replace the Migration Agents Regulations 1998 ahead of their scheduled sunsetting. The new Regulations streamline, clarify and modernise the existing framework governing registered migration agents (RMAs), while largely preserving the established regulatory architecture.

The Regulations refine key definitions, including those relating to employer and employee relationships and the circumstances in which close family members may provide immigration assistance without registration. They clarify when assistance given by employers or family members does not constitute “immigration assistance” for the purposes of the Migration Act 1958.

The framework strengthens regulatory integrity by expanding the meaning of employment-related relationships to prevent barred or suspended agents from circumventing disciplinary sanctions through alternative business structures. It also prescribes updated requirements for information to be included on the Register of Migration Agents, including publication and removal timeframes for disciplinary outcomes.

The Migration Legislation (Migration Agents) (Repeal and Consequential Amendments) Regulations 2026 commence on 1 April 2026, at the same time as the Migration Agents Regulations 2026. These Amendment Regulations repeal the Migration Agents Regulations 1998 in their entirety and make consequential amendments to the Migration (Migration Agents Code of Conduct) Regulations 2021 and the Migration Regulations 1994.

The purpose of the Amendment Regulations is to streamline, clarify and modernise the regulatory framework governing registered migration agents. They update legislative references within the Code of Conduct to align with the new Migration Agents Regulations 2026, including amendments relating to the definition of “consumer guide”, professional indemnity insurance requirements, and cross-references to relevant provisions of the new Regulations.

The amendments also update the note to the definition of “Australian permanent resident” in regulation 1.03 of the Migration Regulations 1994 to reflect the relevant provision in the new Regulations for the purposes of registration as a migration agent.

The Migration Agents Registration Application Charge Regulations 2026 will commence on 1 April 2026, repealing and replacing the 1998 Regulations.

The new Regulations modernise and clarify the existing charging framework to ensure alignment with the Australian Government Charging Framework and improve structural clarity within the regulatory scheme.

Commercial Registration Charges

The Migration (Temporary Visa Subclasses for PIC 4005 and 4007) Instrument 2026 (LIN 26/021) has been registered and commences on the day after registration on the Federal Register of Legislation

This instrument is made under subparagraphs 4005(2)(b)(ii) and 4007(1A)(b)(ii) of Schedule 4 to the Migration Regulations 1994. It repeals and replaces the Migration (Temporary visa subclass for the purpose of health requirement) Specification (LIN 22/007) 2022.

The purpose of LIN 26/021 is to specify the temporary visa subclasses to which Public Interest Criteria (PIC) 4005 and 4007 apply for the purposes of Schedule 4 to the Migration Regulations. In doing so, it updates and revises references to visa subclasses and removes references to subclasses 159 (Provisional Resident Return) and 487 (Skilled Regional Sponsored), which have been repealed and are no longer required to be referenced.

As announced by Austroads on 21 October 2024, changes have been introduced to the Recognised Country Scheme for Experienced Driver Recognition status for car and motorcycle licences.  

NSW was granted an extension and from 1 February 2026, Experienced Driver Recognition status has now ceased for individuals who were previously captured on List B in NSW (below): 

• Bulgaria 

• Cyprus 

• Czech Republic 

• Estonia 

• Hong Kong (SAR) – for licences held for at least 12 months 

• Hungary 

• Latvia 

• Lithuania 

• Poland 

• Republic of Serbia 

• Romania 

• Slovakia 

• Slovenia 

• South Africa 

• South Korea (Republic of Korea) 

• Taiwan. 

From 1 February 2026, drivers from these countries will now need to pass the Driver/Rider Knowledge Test and the Rider/Driving Test to obtain a NSW driver licence.