Selected Legislation Changes January - June 2025

Change Detail In Effect
 Australia Tuvalu Falepili Union Treaty Visa - 192

 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 https://www.legislation.gov.au/F2025L00183/latest/text

The Australia-Tuvalu Falepili Union treaty (the treaty) was signed on 9 November 2023 and entered into force on 28 August 2024. The treaty responds to Tuvalu’s request for Australia to help safeguard the future of Tuvalu and aims to create a partnership for enhanced collaboration. Use of the Tuvalu term ‘falepili’ embodies the values underpinning the deeper partnership, including good neighbourliness, care and mutual respect. Australia and Tuvalu entered into the treaty freely and cognisant of the significance of their shared achievement.

Article 3 of the treaty provides for a ‘special human mobility pathway’ for eligible citizens of Tuvalu to live temporarily or indefinitely, work without restriction and study in Australia.

The purpose of the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 (the Regulations) is to amend the Migration Regulations 1994 (the Migration Regulations) to implement the commitment in Article 3 of the treaty, by establishing the new Treaty stream in the Subclass 192 (Pacific Engagement) visa. The Regulations create two streams in the Subclass 192 (Pacific Engagement) visa – the Pacific Engagement stream and the Treaty stream.

 01 May 2025
192 - Visa Pre application Process—Treaty Stream

Migration (Subclass 192 (Pacific Engagement) Visa Pre application Process—Treaty Stream) Determination 2025 https://www.legislation.gov.au/F2025L00249/latest/text

The purpose of the instrument is to make a determination to specify eligibility and other rules in relation to conducting visa pre-application processes for the random selection of registered participants seeking to apply for a permanent Subclass 192 (Pacific Engagement) visa in the Treaty stream (Treaty stream visa). Persons aged 18 and over, who are citizens of Tuvalu, may register as participants in a visa pre-application process. Selected participants will be able to apply for a Treaty stream visa. The instrument supports amendments made by the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025, which established two streams within the Subclass 192 (Pacific Engagement) visa. This instrument relates to visa pre-application processes for the Treaty stream only. At this time, only citizens of Tuvalu will be eligible for registration in a visa pre-application process for this visa stream.

01 May 2025
192 - Visa Pre-application Process—Pacific Engagement Stream

Migration (Subclass 192 (Pacific Engagement) Visa Pre-application Process—Pacific Engagement Stream) Determination 2025 https://www.legislation.gov.au/F2025L00248/latest/text

The purpose of the instrument is to make a determination to specify eligibility and other rules in relation to conducting visa pre-application processes for the random selection of registered participants seeking to apply for a permanent Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream (Pacific Engagement stream visa). Persons aged 18 to 45 who are citizens of Pacific island countries or Timor-Leste may register as participants in a visa pre-application process. Selected participants will be able to apply for a Pacific Engagement stream visa. The instrument repeals the previous instrument, LIN 24/011, but retains the same policy settings that existed in LIN 24/011. The instrument supports amendments made by the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025, which established two streams within the Subclass 192 (Pacific Engagement) visa. This instrument relates to visa pre-application processes for the Pacific Engagement stream only.

01 May 2025
192 - Pacific Engagement Stream - English Language Requirements

LIN 25/025 Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa—Pacific Engagement Stream) Instrument 2025 https://www.legislation.gov.au/F2025L00250/latest/text

The instrument specifies, for the purposes of clause 192.223 of Schedule 2 to the Migration Regulations, English language test requirements that an applicant (or, if making a combined application with the applicant, the applicant’s spouse or de facto partner) may be required to satisfy for the grant of a Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream (Pacific Engagement stream visa).

01 May 2025
 Reduced VAC for 500 Student visa for specified countries in the Pacific or Timor-Leste

 Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 https://www.legislation.gov.au/F2025L00185/latest/text

The purpose of the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 (the Regulations) is to amend the Migration Regulations to repeal existing partial refund provisions and reduce the VAC payable for an application for a Subclass 500 (Student) and Subclass 590 (Student Guardian) visa for applicants seeking to satisfy the primary criteria in Schedule 2 to the Migration Regulations for the grant of the visa and who are holders of a valid passport issued by a specified country in the Pacific or Timor-Leste. The Regulations also operate to provide a reduced VAC for secondary applicants who make a combined application with the primary applicant, or are a member of the family unit of a person who both holds a Student (Temporary) (Class TU) visa granted on the basis of satisfying the primary criteria for that visa, and a valid passport issued by a country specified.

 22 March 2025
600 visa NIL VAC - Pacific Australia Card Holders

LIN 25/007 Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025 https://www.legislation.gov.au/F2025L00364/latest/text

The purpose of the instrument is to specify the class of persons for whom the amount of the first instalment of the VAC is nil, under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations. Section 5 of the instrument provides that a person (the applicant) is specified if they:

  • hold a valid Pacific Australia Card; and
  • seek to be granted a Subclass 600 (Visitor) visa in either the Tourist stream or the Business Visitor stream as set out in Schedule 2 to the Migration Regulations; and
  • are outside Australia at the time of application.
22 March 2025
 804, 864, 884 Parent Visa

Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025 https://www.legislation.gov.au/F2025L00317/latest/text

The Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025 (the Amending Regulations) amend Schedule 1 to the Migration Regulations to provide that an applicant for a Class DG, BP or UU Aged Parent visa must be either:

  • an “aged parent” (as defined in regulation 1.03); or
  • the holder of a substituted Subclass 600 visa at the time of application.

The amendments made by the Amending Regulations apply from the commencement of the Migration Amendment (Family Violence and Other Measures) Regulations 2024 on 17 December 2024. This operates to ensure that holders of a substituted Subclass 600 visa continue to be eligible to apply for an Aged Parent visa in Australia on and from 17 December 2024, whether or not they also met the definition of “aged parent” at the time of application, so that they may make a valid visa application (Schedule 1) and then be considered against Schedule 2 criteria, include where there are certain concessional arrangements prescribed in Schedule 2 for the Subclass 804, 864 and 884 visas for substituted Subclass 600 visa holders (including in relation to age requirements).

 17 December 2024
600 visa - NIL VAC Brisbane 2032 Olympic and Paralympic Games

LIN 25/019: Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Brisbane 2032 Olympic and Paralympic Games) Specification 2025 https://www.legislation.gov.au/F2025L00365/latest/text

The purpose of LIN 25/019 is to specify the class of persons for whom the amount of the first instalment of the VAC is nil, under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations. Section 5 of the instrument provides that a person (the applicant) is specified if they:

  • seek to be granted of a Subclass 600 (Visitor) visa in either the Tourist stream of Business Visitor stream as set out in Schedule 2 to the Migration Regulations; and
  • the person is invited by the Brisbane 2032 Olympic and Paralympic Games Organising Committee to attend meetings and for purposes relating to the Brisbane 2032 Olympic and Paralympic Games.
15 March 2025
Parent and Other family visas - visa number grants limit

LIN 25/018 Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas during Financial Year 2024-25) Instrument 2025 https://www.legislation.gov.au/F2025L00360/latest/text

The instrument determines the maximum number of visas for these classes as follows:

  • Contributory Parent visas: 6,800 (which includes 112 Subclass 143 (Contributory Parent) visas under the Pathway to Permanent Residence for Retirees (Retiree Pathway) that was introduced under the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018);
  • Parent visas: 1,700 (which includes 13 Subclass 103 (Parent) visas under the Retiree Pathway); and
  • Other Family visas: 500.
15 March 2025
Technical Amendments

Migration Amendment (Repeal, Consequential and Technical Amendments) Regulations 2025 https://www.legislation.gov.au/F2025L00407/latest/text

Part 1 of Schedule 1 to the Regulations repeals five visa classes, and also repeals thirteen visa subclasses in which the criteria for visas of the repealed classes are prescribed. These visas are no longer in use as part of the migration program and have been closed to new applications for some time. Transitional arrangements have been made in respect of any remaining undecided applications for the repealed visas. Consequential amendments also remove references to the repealed visas from the Migration Regulations.

Part 2 of Schedule 1 to the Regulations make a range of technical amendments to the update references in the Migration Regulations to ensure that they continue to operate as intended.

22 March 2025
Citizenship fees indexation

Australian Citizenship Amendment (Indexation of Fees) Regulations 2025 https://www.legislation.gov.au/F2025L00467/asmade/text

The purpose of this amendment is to increase citizenship application fees in order to keep pace with the cost of processing applications and delivering the Citizenship Program.

01 July 2025
 417/462 Specified work - expansion

LIN 25/048 Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument 2025 https://www.legislation.gov.au/F2025L00485/latest/text amends:

 The instrument amends LIN 22/012 and LIN 22/013 by expanding the areas of Australia where recovery work can be undertaken for the purposes of satisfying ‘specified work’ requirements for a Working Holiday (Subclass 417) visa or Work and Holiday (Subclass 462) visa.  The instrument operates to specify areas affected by bushfire as specified in item 1 of Schedule 1 to LIN 22/012 and LIN 22/013, and areas affected by flood, cyclone or other severe weather as specified in item 5 of Schedule 1 to LIN 22/012 and LIN 22/013.

05 April 2025
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Recent News

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  • 1 November 2018 WHV AGE LIMIT INCREASED FOR CANADA AND IRELAND

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  • 31 OCTOBER 2018 NEW PATHWAY TO PR FOR 405/410 HOLDERS

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Migration Agents Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents. 

The Code of Conduct:

(a) protects clients of migration agents; and

(b) strengthens the integrity of the immigration advice industry and Australia’s immigration system.


Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958.

https://www.legislation.gov.au/Details/F2021L01856

Consumer protection - see MARA Consumer Guide.

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Migration Institute of Australia

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OZ HOME MIGRATION

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