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references to subclasses 159 (Provisional Resident Return) and 487 (Skilled Regional Sponsored), which have been repealed and are no longer required to be referenced.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.   

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The National Migration Conference 2025 will be held today, providing migration professionals with essential updates ahead of the 2026 program year. The event offers comprehensive coverage of key legislative and policy developments relevant to Registered Migration Agents, migration lawyers, and industry stakeholders.

Session 1: 12:30 PM - 2:00 PM
Presenter: Marsha Bassily, Immigration Lawyer
CPD Allocation: 1 Category B CPD Point (CN199)

This session will deliver structured analysis and practical insights across the following visa programs:

Effective from 29 November 2025, this legislative instrument makes technical amendments to the Migration Regulations 1994 to ensure alignment and consistency in the operation of the new Subclass 482 (Skills in Demand) visa, which replaced the former Temporary Skill Shortage (TSS) visa.

Key provisions include:

• Extending the Minister’s power under paragraph 116(1)(g) of the Migration Act 1958 to cancel a Skills in Demand visa where sponsorship obligations are breached.
• Updating the definitions of primary and secondary sponsored persons to include Skills in Demand visa holders under labour agreements.
• Clarifying the circumstances in which an employer sponsor’s obligations in relation to Skills in Demand visa holders and their dependants will cease.
• Ensuring that refusals of Skills in Demand visa applications made outside Australia are recognised as reviewable migration decisions under subsection 338(9) of the Migration Act.
• Amending the Employer Nomination Scheme (Subclass 186) visa - Temporary Residence Transition stream to require that the requisite period of qualifying employment be undertaken with an approved work sponsor.

These amendments are largely technical in nature and are designed to support the integrity, clarity, and consistency of Australia’s skilled migration program.