Three migration law changes in the last week of October 2026: character test, Training visa (407), Protection visa

As of 2026-10-31 · Fidelity Editorial

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Under the new character test direction, Direction no. 123, ties to Australia move from a primary consideration to an other consideration. From 12 November, the Training visa (subclass 407) can only be applied for and granted outside Australia. Protection visa applicants cannot get a Bridging visa B while their application is pending, and the review fee is now paid upfront.

Australian passport. Photo: Evisa Express / Wikimedia Commons, CC BY 2.0

Three sets of migration rules changed in the last week of October 2026. Each has its own start date, so check which ones apply to you and when.

At a glance

1. Character test: ties to Australia are now an 'other consideration'

The direction decision-makers follow when refusing or cancelling visas under section 501 of the Migration Act 1958 changes from Direction no. 110 to Direction no. 123, from 31 October 2026.

Long residence or family in Australia used to weigh heavily in a person's favour. With ties to Australia no longer a primary consideration, decisions may be stricter. Under the direction, primary considerations generally carry more weight than other considerations.

Other considerations that changed

Impact on Australian business interests. This looked at whether refusing or cancelling a visa would seriously affect a major project or an important service in Australia. Direction no. 123 no longer includes it.

Interests of children. Previously the focus was on minor children in Australia. Now decision-makers also consider children the person has harmed, and the risk of harming them again. For example, being separated from their own child counts in the person's favour, while having harmed a partner's child counts against them.

Wider evidence, wider conduct

1. Records without charges — family violence protection orders and police attendance records can be relied on whether or not charges were laid.

2. Wider definition of family violence — includes coercive control, harassment and tracking through digital devices, and sharing intimate images without consent.

3. Exposing children to violence — letting a child see or hear violence also counts as family violence.

4. Hate crimes and hate speech — includes posting and sharing online, and can be considered even without a conviction.

2. Training visa (407): from 12 November, apply from outside Australia only

Departures board, Melbourne Airport. Photo: Marek Ślusarczyk (Tupungato) / Wikimedia Commons, CC BY 3.0

As at 31 October 2026, no instrument specifying exceptions has been found. Applicants in immigration clearance could not apply before and still cannot.

If you are in Australia now

• 407 Lodged by 11 November: the old rules apply. You can apply in Australia and receive the decision in Australia.

• 407 Lodged from 12 November: you must be outside Australia at application and at grant.

• Already changed from 11 March 2026: until 10 March, 407 sponsorship, nomination and visa applications could be lodged together. From 11 March, the 407 visa can only be lodged after the 407 sponsor and nomination are approved.

Moving from a student visa, graduate visa or similar to a 407 visa inside Australia is now effectively closed.

3. Protection visa applicants: bridging visas

Bridging visa B (for leaving and returning). While a protection visa application is pending (including judicial review), a Bridging visa B cannot be granted. Travelling out of and back into Australia during this time is no longer possible.

Bridging visa E. More Bridging visa E grants will carry condition 8564 (no criminal conduct) and condition 8566 (comply with the code of behaviour).

These changes apply to bridging visa applications made from 1 November 2026.

The protection visa review fee is now paid upfront

Nigel Bowen Commonwealth Law Courts Building, Canberra. Photo: Bidgee / Wikimedia Commons, CC BY-SA 2.5 AU

The fee for asking the Administrative Review Tribunal (ART) to review a protection visa decision is changing for decisions made from 1 November 2026.

No fee is payable if you apply while in immigration detention. Amounts are as at 1 July 2026; check the ART website for the exact amount once the change starts.

Summary

• Ties to Australia are no longer a primary consideration in the character test, which now also looks at protection orders, police records and online statements.

• From 12 November, the Training visa (407) can only be applied for and granted outside Australia.

• Protection visa applicants cannot get a Bridging visa B, and the review fee is paid upfront.

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