Australian Immigration Daily News

The Australian Government has registered the Migration (Designated Areas) Instrument 2026 (LIN 26/004).

The instrument was registered on 21 September 2026 and commences on 22 September 2026. It replaces Designated Areas 2016/044 (IMMI 16/044), which was scheduled to sunset on 1 October 2026.

Purpose of the instrument

The instrument is made under regulation 1.03 of the Migration Regulations 1994 and specifies the areas of Australia that are considered “designated areas” for migration purposes.

Designated areas are identified by postcode or, in some cases, by an entire State or Territory.

The instrument is relevant to visa holders subject to condition 8549, which requires the holder to live, work and study in a designated area of Australia.

Relevance to Subclass 489 and Subclass 887 visas

Condition 8549 applies to certain visa subclasses, including the Subclass 489 visa.

Compliance with the condition may be relevant where a Subclass 489 visa holder subsequently applies for permanent residence through the Subclass 887 visa pathway.

Applicants relying on residence, employment or study in a designated area must ensure that the relevant location falls within an area specified by the instrument.

Substantially the same arrangements

According to the Explanatory Statement, the provisions and designated-area table have been remade in substantially the same form as those contained in IMMI 16/044.

The new instrument therefore appears to preserve the existing designated-area framework while replacing the earlier instrument before its scheduled sunset. It is described as being minor or machinery in nature, and external consultation was not undertaken.

Migration practitioners should refer to LIN 26/004 when advising affected Subclass 489 and Subclass 887 visa holders, particularly when assessing compliance with condition 8549.

Source: Migration-Designated-Areas-Instrument-2026.pdf and 

Migration-Designated-Areas-Instrument-2026--explanatory-statement.pdf