Australian Immigration Daily News

The Migration (Complying Entrepreneur Activity - Funding Entities) Instrument 2026 (LIN 26/055) commenced on 25 September 2026.

The instrument repeals and replaces Specification of Entities 2016/074 (IMMI 16/074), which was due to sunset on 1 October 2026. It maintains the existing policy arrangements, with only minor changes to modernise the drafting.

Application of the funding requirement

Regulation 5.19E of the Migration Regulations 1994 sets out the requirements for a complying entrepreneur activity under the Entrepreneur streams of the:

The Migration (Fields of Education) Instrument 2026 (LIN 26/057) commenced on 25 September 2026.

The instrument repeals and replaces Specification of Fields of Education 2016/076 (IMMI 16/076), which was due to sunset on 1 October 2026. It maintains the existing policy settings, with only minor changes to modernise the drafting.

Application to the General Skilled Migration points test

Schedule 6D to the Migration Regulations 1994 establishes the General Skilled Migration points test applying to:

The Migration (Complying Entrepreneur Activity - Excluded Activities) Instrument 2026 (LIN 26/056) commenced on 25 September 2026.

The instrument repeals and replaces Specification of Activities 2016/075 (IMMI 16/075), which was due to sunset on 1 October 2026. It maintains the existing policy settings without substantive change.

Excluded entrepreneurial activities

For the purposes of regulation 5.19E of the Migration Regulations 1994, the following activities are excluded from the meaning of a “complying entrepreneur activity”:

The Australian Government has introduced the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068).

The instrument was registered on 24 September 2026 and commenced on 25 September 2026. It repeals and replaces IMMI 2016/016, which was due to sunset on 1 October 2026.

Effect of the instrument

Under Schedule 1 to the Migration Regulations 1994, certain temporary visa holders cannot validly apply for a subclass 500 Student visa or subclass 590 Student Guardian visa while in Australia.

The Migration Legislation Amendment (Arrangements for Child Visa Applications) Instrument 2026 (LIN 26/100) has been registered.

The instrument was registered on 21 September 2026 and commenced on 22 September 2026. It amends the Migration (Arrangements for Child Visa Applications) Instrument 2026 (LIN 26/081), which commenced on 1 September 2026.

Purpose of the amendment