LEGENDcom has released its latest policy stack updates for both the migration and citizenship portfolios, effective from 02 October 2026. Policy – Migration regulations – Schedules​​: Policy – Migration Act Citizenship policy and procedures:

A new instrument has been made amending the National Code of Practice for Providers of Education and Training to Overseas Students 2018, tightening when an international student may transfer from one registered provider to another. The National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Overseas Student Transfers) Instrument 2026 was made on 30 September 2026 under the ESOS Act 2000 and commences the day after registration. Minimum time with the current provider before transfer: The transfer may still proceed if the releasing provider or course has ceased to be registered, a sanction prevents the student continuing, the releasing provider agrees to the release (recorded in PRISMS), or a government sponsor gives written support. Providers must also have a documented policy for assessing transfer requests. Click here: National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Overseas Student Transfers) Instrument 2026

A new amending instrument has been registered, revising the classes of persons who may apply for a Student (Subclass 500) visa from within Australia, and the family members who may be included, in amendment of LIN 20/158. The Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026 (LIN 26/087) was made on 1 October 2026. It is made under subitem 1222(5) of Schedule 1 to the Migration Regulations 1994. It commences on the later of the day after registration and immediately after the commencement of the Migration Amendment (Student Visa Reform) Regulations 2026. It applies to visa applications made on or after its commencement. Primary applicants who may apply from within Australia: Family members who may be included as secondary applicants: Other changes: Click here: LIN 26/087 – Migration (LIN 20/158: Class of Persons for Student (Temporary) (Class TU) Visa Applications) Amendment Instrument 2026

A new instrument has been registered specifying the classes of persons who may not lodge a Student visa application while in Australia, in substitution for LIN 26/068. The Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026 (LIN 26/102) was made on 1 October 2026. It is made under paragraph 1222(5)(e) of Schedule 1 to the Migration Regulations 1994. The instrument repeals the Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068). A person who holds one of the following visas, granted under the stream stated, falls within the specified class and must apply from outside Australia: Click here: LIN 26/102 – Migration (Student Visa Applications to Be Made from outside Australia) Instrument 2026

The Migration Amendment (Student Visa Reform) Regulations 2026 have been made, amending the Migration Regulations 1994 to change who may apply for a Student (Subclass 500) visa, where they must be when applying, and who may be included as a secondary applicant. The Regulations were made by on 1 October 2026 and commenced on 2 October 2026. It amends the item 1222 of Schedule 1 and clauses 500.311, 500.315 and 500.411 of Schedule 2 to the Migration Regulations 1994. It applies only to visa applications made on or after commencement. Key amendments: Click here: Migration Amendment (Student Visa Reform) Regulations 2026

The Migration (Arrangements for Maritime Crew Visa Applications) Instrument 2026 (LIN 26/025) has been registered setting out updated lodgement arrangements for Maritime Crew (Temporary) visa applications. It will commence on 1st November 2026, repealing and replacing the Specification of Arrangements for Maritime Crew Visa Applications 2016/115 instrument. The instrument sets out how applications for the Maritime Crew (Temporary) (Class ZM) visa must be lodged, depending on the applicant’s circumstances: Click here: LIN 26/025 – Migration (Arrangements for Maritime Crew Visa Applications) Instrument 2026

A new Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026 (LIN 26/068) was made on 21 September 2026 specifying which temporary visa holders are prevented from lodging a Student visa application while in Australia. It repeals and replaces the Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia 2016/016 instrument. Under the instrument, a person holding one of the following substantive temporary visas is precluded from lodging a Student (Subclass 500) or Student Guardian (Subclass 590) visa application while onshore in Australia: Applicants holding any of the above visas will need to depart Australia before applying for a Student or Student Guardian visa, rather than lodging the application onshore. Click here: LIN 26/068 – Migration (Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Instrument 2026

A new LIN 26/055 – Migration (Complying Entrepreneur Activity-Funding Entities) Instrument 2026 has been registered specifying which entities count as recognised funding sources for a “complying entrepreneur activity” under the entrepreneur visa framework. It repeals and replaces the Specification of Entities 2016/074 instrument. Made under the Migration Regulations 1994, the instrument specifies which entities qualify as recognised funding sources for entrepreneur visa purposes. These include all Commonwealth, State or Territory government agencies, as well as bodies established under Commonwealth, State or Territory law that undertake publicly funded research or innovation initiatives. Also recognised are investors registered, or conditionally registered, as venture capital limited partnerships or early-stage venture capital limited partnerships under the Venture Capital Act 2002, along with higher education providers listed as Table A or Table B providers under the Higher Education Support Act 2003. It also clarifies that a higher education provider ceases to qualify as a recognised entity if its approval is revoked or suspended, or if its approval notice ceases to have legal effect under the relevant provisions of the Legislation Act 2003. Applicants relying on entrepreneur activity funding to meet visa requirements should ensure their funding source falls within one of these specified categories. Click here: LIN 26/055 – Migration (Complying Entrepreneur Activity—Funding Entities) Instrument 2026

A new instrument has been registered specifying which business activities do not qualify as a “complying entrepreneur activity” for entrepreneur visa purposes, replacing the previous 2016 instrument. The Migration (Complying Entrepreneur Activity-Excluded Activities) Instrument 2026 (LIN 26/056) was made on 18 September 2026 and sets out the activities that are excluded from being recognised as a complying entrepreneur activity. The following activities are specified as excluded: Applicants relying on entrepreneur activity to meet visa requirements should ensure their proposed business activities do not fall within these excluded categories. Click here: LIN 26/056 – Migration (Complying Entrepreneur Activity—Excluded Activities) Instrument 2026

A new Customs (Place for the Examination of International Mail-Norfolk Island) Approval 2026 (LIN 26/076) was made on 21 September 2026 approving a designated location on Norfolk Island for the examination of international mail, replacing the previous 2016 approval. Under the new instrument, the Norfolk Island Delivery Annex, located at 47 Taylors Rd, Norfolk Island, NSW 2899, is approved as the official customs place for examining international mail, as authorised under the Customs Act 1901 (as applied in Norfolk Island). Click here: Customs (Place for the Examination of International Mail-Norfolk Island) Approval 2026 (LIN 26/076)