Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

EXPLANATORY STATEMENT

Issued by the Minister for Immigration and Citizenship

Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

Australian Citizenship Act 2007

Migration Act 1958

The Australian Citizenship Act 2007 (the Citizenship Act) provides for the process of becoming an Australian citizen, the circumstances in which citizenship may cease, and other related matters.

Section 54 of the Citizenship Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Citizenship Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Citizenship Act. Paragraph 46(1)(d) of the Citizenship Act provides that an application made under that Act must be accompanied by the fee (if any) prescribed by the regulations.

The Migration Act 1958 (the Migration Act) is an Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

Further details of authorising provisions are outlined in Attachment A.

Overview

The Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations) amend the Australian Citizenship Regulation 2016 (the Citizenship Regulation) and the Migration Regulations 1994 (the Migration Regulations) (respectively) to:

Citizenship Regulations

Parts 1 and 2 of Schedule 1 to the Amendment Regulations operate to apply the Consumer Price Index (CPI) to current citizenship application fees, with prescribed increases to come into effect on 1 July 2026. Fees for Australian citizenship applications are increased to keep pace with the cost of processing applications for Australian citizenship and delivering the Australian citizenship program. Citizenship application fees were last updated on 1 July 2025. There is no change to items in Schedule 3 to the Citizenship Regulation that provide for a nil fee. There is no change to some smaller fees due to rounding.

Migration Regulations

Schedule 2 to the Amendment Regulations amends the Migration Regulations to provide for the annual indexation of the temporary skilled migration income threshold (TSMIT) to occur under regulation 5.42A of the Migration Regulations, consistent with existing arrangements for the core skills income threshold (CSIT). The TSMIT applies to nominations made in relation to a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa or Subclass 187 (Regional Sponsored Migration Scheme) visa.

Previously, the TSMIT was specified in a legislative instrument made annually for 1 July commencement, to increase in line with the CSIT. In contrast, the CSIT increases annually on 1 July each year under regulation 5.42A of the Migration Regulations, in accordance with the indexation formula in that regulation and with reference to annual Average Weekly Ordinary Times Earnings (AWOTE) figures. The effect of these amendments is that, from 1 July 2026, a revised TSMIT of $79,423 comes into effect. This is aligned with the indexed CSIT figure of $79,423 that comes into force on 1 July 2026 under regulation 5.42A of the Migration Regulations. The amendments will operate in future years to ensure that the TSMIT maintains alignment with the CSIT each 1 July, with the amount indexed in accordance with the Migration Regulations from 1 July 2027.

Schedule 3 to the Amendment Regulations amends Schedule 1 to the Migration Regulations to implement 2026–27 Budget measures relating to the first instalment for visa application charges (VACs) for certain visas. These amendments provide for:

• a system-wide increase to the first instalment of the VAC by 25 per cent from 1 July 2026 for most visas specified in Schedule 1 to the Migration Regulations. This measure provides a broad-based and efficient mechanism to raise revenue across the migration program while maintaining the existing charge structure. A uniform increase supports administrative simplicity and ensures consistency across visa categories;
• specific increases for certain visas—this measure implements a higher increase to the VAC for Subclass 500 (Student) and Subclass 590 (Student Guardian) visas (Subclass 500 and 590 visas, respectively). The base application charge component of the first instalment for primary applicants increases from $2,000 to $2,500. This measure supports managed and sustainable growth and the restoration of integrity in the international education sector. CPI indexation will continue to apply in subsequent years;
• limited exemptions and differential settings for visa applicant for certain visas who hold a valid passport issued by a specified country from the Pacific Island countries and Timor-Leste (collectively referred to as Pacific-regional countries). These applicants will continue to benefit from concessional VAC arrangements and are not subject to the additional increase for Subclass 500 and 590 visas. These concessional settings, initially introduced by the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025, will remain subject to CPI indexation (forecast CPI of 2.6% (below)). This lower VAC applies to primary applicants from these cohorts, as well as their family members and dependants. The existing concessional VAC arrangements as applied to the increase to the VAC for Subclass 500 and 590 visas implemented by these amendments to the relevant provisions of Schedule 1 to the Migration Regulations to mitigate the impact of increased VAC charges on applicants from the above cohort for the specified visas. This promotes the right to education by removing a potential barrier for applicants from the specified Pacific countries and Timor-Leste; and
• the ongoing annual indexation of VACs for all other visas in line with forecast CPI of 2.6%. These amendments are intended to raise revenue in a consistent and administratively efficient manner to support Government priorities, while also supporting policy objectives including humanitarian access, labour mobility initiatives, and the stability and diversification of the international education sector.

Further details of the amendments provided for in Schedules 1, 2 and 3 to the Amendment Regulations are set out in Attachment D.

The Amendment Regulations commence on 1 July 2026.

Consultation

Details of consultation undertaken by the Department of Home Affairs in relation to measures in each Schedule to the Amendment Regulations are set out in Attachment B. To the extent that consultation was considered necessary and appropriate in relation to each measure, this accords with consultation requirements under subsection 17(1) of the Legislation Act 2003.

Parliamentary scrutiny etc

Schedule 1 to the Amendment Regulations

The Citizenship Act specifies no conditions that need to be satisfied before the power to make the Amendment Regulations may be exercised.

Schedules 2 and 3 to the Amendment Regulations

The Migration Act also does not specify any conditions that need to be satisfied before the power to make these Schedules to the Amendment Regulations may be exercised.

Schedules 2 and 3 to the Amendment Regulations amend the Migration Regulations, which are exempt from sunsetting under table item 38A of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The Migration Regulations are exempt from sunsetting on the basis that the repeal and remaking of the Migration Regulations:

• is unnecessary as the Migration Regulations are regularly amended numerous times each year to update policy settings for immigration programs;
• would require complex and difficult to administer transitional provisions to ensure, amongst other things, the position of the many people who hold Australian visas, and similarly, there would likely be a significant impact on undecided visa and sponsorship applications; and
• would demand complicated and costly systems, training and operational changes that would impose significant strain on Government resources and the Australian public for insignificant gain, while not advancing the aims of the Legislation Act.

The Amendment Regulations will be repealed by operation of Division 1 of Part 3 of Chapter 3 of the Legislation Act. Specifically, that Division (under section 48A) operates to automatically repeal a legislative instrument or relevant provisions of a legislative instrument that has the sole purpose of amending or repealing another instrument. As the above provisions of Schedule 1 to the Amendment Regulations will automatically repeal, they do not engage the sunsetting framework under Part 4 of the Legislation Act.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights (the Statement) has been completed in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The overall assessment is that the Amendment Regulations are compatible with human rights. A copy of the Statement is at Attachment C.

The Amendment Regulations are a disallowable legislative instrument for the purposes of the Legislation Act.

ATTACHMENT A

Details of the authorising provisions for the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

Schedule 1 to the Amendment Regulations - Fees for citizenship applications

Section 54 of the Australian Citizenship Act 2007 provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, the following provisions of that may also be relevant:

• Subsection 46(1) of the Act provides that an application for Australian citizenship under a provision of the Act must: be on the relevant form approved by the Minister; contain the information required by the form; be accompanied by any other information or documents prescribed by the regulations; and be accompanied by the fee (if any) prescribed by the regulations.
• Section 16 of the Australian Citizenship Regulation 2016 (the Citizenship Regulation) provides that the fee to accompany an application is the amount set out in Schedule 3 to those Regulation, in addition to any surcharge if the payment is made by credit card or PayPal.

Schedules 2 and 3 to the Amendment Regulations - Temporary skilled migration income threshold (TSMIT) and Fees for visa applications (respectively)

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

In addition, the following provisions of that Act may also be relevant to Schedule 3 to the Amendment Regulations:

• Section 45A of the Migration Act provides that a non-citizen who makes a visa application is liable to pay a visa application charge (the VAC) if, assuming the charge were paid, the application would be a valid visa application. The VAC is a tax imposed under section 4 of the Migration (Visa Application) Charge Act 1997 (the VAC Act) and is made payable under section 45A of the Migration Act.
• Subsection 45B(1) of the Migration Act provides that the amount of the visa application charge (VAC) is the amount, not exceeding the VAC limit, prescribed by the Migration Regulations 1994 (the Migration Regulations) in relation to the visa application. The VAC limit is calculated with reference to sections 5 and 6 of the VAC Act.
• Section 45C of the Migration Act provides for matters for which the regulations may provide in relation to the VAC. Paragraph 45C(2)(b) of the Migration Act provides that the regulations may provide for the remission, refund or waiver of the VAC or an amount of the VAC.
• Division 2.2A of the Migration Regulations deals with the VAC and related matters. Regulation 2.12C prescribes the amount of VAC in relation to an application for a visa of a class to which an item of Schedule 1 relates.
• Subregulation 2.12C(1) of the Migration Regulations prescribes that for subsection 45B(1) of the Migration Act, the VAC (if any) is the sum of the first and second instalments in relation to an application for a visa of a class to which an item of Schedule 1 relates. Schedule 1 to the Migration Regulations sets out the requirements to apply for a visa of a particular class, including the VAC payable. An application for a visa must meet the requirements in Schedule 1 for the application to be valid (see subsection 46(1) of the Migration Act and regulation 2.07 of the Migration Regulations).
  

ATTACHMENT B

Details of consultation undertaken for the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

Schedule 1 - Fees for citizenship applications

The amendments to the Citizenship Regulation do not substantially alter existing arrangements and the indexation of citizenship application fees is a routine process that occurs annually. As the amendments maintain existing arrangements and give effect to a standing decision of government to provide for annual indexation of citizenship fees, consultation with stakeholders outside Commonwealth agencies in relation to the amendments was not considered necessary. The Department of Home Affairs (the Department) follows standard practices to notify clients about the proposed changes, including updating citizenship application fees on its website.

Schedule 2 - Temporary skilled migration income threshold (TSMIT)

The Department of Employment and Workplace Relations was consulted on the amendment to provide for the TSMIT to be indexed in accordance with the Migration Regulations rather than requiring the Minister to make a legislative instrument to annually index that threshold to maintain parity with the Core Skills Income Threshold (CSIT). This simplifies and standardises the manner in which TSMIT is to be indexed by aligning it with the existing indexation provisions in the Regulations for the CSIT. It does not change the policy intent or effect, which is for the TSMIT to maintain parity with the CSIT each 1 July, and instead provides greater certainty as indexation will now occur annually by operation of the Regulations rather than TSMIT being dependent on the Minister making a subordinate legislative instrument to specify the same figure as the Regulations provide for the CSIT. On this basis, no concerns were raised as part of the interdepartmental consultation, and consultation with stakeholders outside Commonwealth agencies in relation to the amendments was considered to be unnecessary. The Department follows standard practices to notify clients about the proposed changes, including updating the Department’s website and other client-facing information.

Schedule 3 – Fees for visa applications

Consultation with stakeholders outside Commonwealth agencies in relation to indexation was not considered necessary as the changes implement long-standing Government policy in relation to indexation in line with CPI, as well as Budget measures. Cross-government consultation occurred during the 2026-27 Budget process to inform the Government’s decision in relation to increasing the VAC. The Department will follow standard practices to notify clients and stakeholders about the changes, including updating visa application charges on its website.

ATTACHMENT C

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations) amend the Australian Citizenship Regulation 2016 (the Citizenship Regulation) and the Migration Regulations 1994 (the Migration Regulations) (respectively) to:

• Parts 1 and 2 of Schedule 1 to the Amendment Regulations - Fees for citizenship applications:

• applies the Consumer Price Index (CPI) to current citizenship application fees, with effect from 1 July 2026. Fees for Australian citizenship applications are increased to keep pace with the cost of processing applications for Australian citizenship and delivering the Australian citizenship program.

• Schedule 2 to the Amendment Regulations - Temporary skilled migration income threshold:

• amends the Migration Regulations, to specify the ‘temporary skilled migration income threshold’ (TSMIT) applies to nominations made in relation to a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa or the Subclass 187 (Regional Sponsored Migration Scheme) visa. The amendments provide that the TSMIT is to be updated and indexed annually together with the core skills income threshold (CSIT) and specialist skills income threshold’ in accordance with the current requirements provided under regulation 5.42A. Additionally, the term ‘temporary skilled migration income threshold’ is included in regulation 1.03 through the amendment to that regulation (see item 1 of Schedule 2 to the Amendment Regulations). The purpose of these amendments is to align the salary threshold and the annual indexation for TSMIT with CSIT and the specialist skills income threshold (SSIT).

• Schedule 3 to the Amendment Regulations - Fees for visa applications:

• amends certain provisions of Schedule 1 to the Migration Regulations to implement 2026–27 Budget measures relating to the first instalment for visa application charges (VACs) for certain visas. Specifically, in summary, these amendments provide for (amongst others):

• a system-wide increase to the first instalment of the VAC by 25 per cent from 1 July 2026 for most visas specified in Schedule 1 to the Migration Regulations. This measure provides a broad-based and efficient mechanism to raise revenue across the migration program while maintaining the existing charge structure. A uniform increase supports administrative simplicity and ensures consistency across visa categories.;
• targeted increases for specified visas—this measure implements a higher increase to the VAC for Subclass 500 (Student) and Subclass 590 (Student Guardian) visas (Subclass 500 and 590 visas, respectively). The base application charge component of the first instalment for primary applicants increases from $2,000 to $2,500. This measure supports managed and sustainable growth and the restoration of integrity in the international education sector. CPI indexation will continue to apply in subsequent years.;
• the introduction of limited exemptions and differential settings for particular cohorts—this measure provides for a relevant visa applicant, who holds a valid passport issued by a specified country from the Pacific Island countries and Timor-Leste (the Pacific-regional cohort) continue to benefit from concessional VAC arrangements and are not subject to the additional increase for Subclass 500 and 590 visas. These concessional settings, introduced by the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025, will remain subject to CPI indexation (forecast CPI of 2.6% (below)). This lower VAC applies to primary applicants from these cohorts, as well as their family members and dependants. The existing concessional VAC arrangements as applied to the increase to the VAC for Subclass 500 and 590 visas implemented by these amendments to the relevant provisions of Schedule 1 to the Migration Regulations to mitigate the impact of increased VAC charges on applicants from the above cohort for the specified visas. This promotes the right to education by removing a potential barrier for applicants from the specified Pacific countries and Timor-Leste, and
• the ongoing annual indexation of VACs for all other visas in line with forecast CPI of 2.6%. These amendments are intended to raise revenue in a consistent and administratively efficient manner, while supporting policy objectives including humanitarian access, labour mobility initiatives, and the stability and diversification of the international education sector.

Further details of each Schedule to the Amendment Regulations are set out below.

Parts 1 and 2 of Schedule 1 to the Amendment Regulations - Fees for citizenship applications

The Amendment Regulations amend the Citizenship Regulation to apply indexation to the fee payable for certain citizenship applications. These fees are set out in Schedule 3 to the Citizenship Regulation. The new fees apply from 1 July 2026.

For the purposes of paragraph 46(1)(d) of the Australian Citizenship Act 2007 (the Citizenship Act), Schedule 3 to the Citizenship Regulation sets out the amount of the fee payable (if any) to accompany an application for citizenship.

The previous citizenship application fees listed under Schedule 3 to the Citizenship Regulation were set on 1 July 2025. In line with the 2023-24 Budget Measure Revenue Options for Citizenship Application Fees, ongoing annual indexation of citizenship application fees from 1 July 2024 will apply. This means that from 1 July 2026, some of the fee amounts to accompany citizenship applications have changed. Items in Schedule 3 to the Citizenship Regulation that provide for a nil fee have not changed. Further, there is no change to some smaller fees due to rounding.

The purpose of this amendment is to update citizenship application fees in order to keep pace with the latest increases in costs associated with processing applications and delivering the Citizenship Program. Citizenship application fees are categorised as a resource charge and are guided by the Australian Government Charging Framework issued by the Department of Finance.

The fees are amended in accordance with the following table and set out in Attachment D.

Human rights implications

The amendments in Schedule 1 to the Amendment Regulations may engage the right to acquire or change a nationality under the following international instruments:

• Article 24(3) of the International Covenant on Civil and Political Rights;
• Article 5(d)(iii) of the Convention on the Elimination of all Forms of Racial Discrimination;
• Article 18 of the Convention on the Rights of Persons with Disabilities;
• Article 9 of the Convention on the Elimination of All Forms of Discrimination Against Women; and
• Article 7 of the Convention of the Rights of the Child.

An increase in fees for citizenship applications may engage the right to acquire or change a nationality under the instruments listed above. To the extent that a person has a right to acquire or change a nationality, an increase in fees may limit that right. However, any limitation is reasonable and proportionate, noting also that the Citizenship Regulation provides for concessional and nil fees for certain cohorts, including applicants on income support payments, or experiencing statelessness. The amendments are necessary to ensure the continued delivery of the Citizenship Program in a timely and efficient manner.

Conclusion

The amendments in Schedule 1 to the Amendment Regulations are compatible with human rights because, to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

Schedule 2 to the Amendment Regulations - Temporary skilled migration income threshold

Schedule 2 to the Amendment Regulations amends the Migration Regulations to specify the TSMIT, which applies to nominations made in relation to a Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494 visa) and a Regional Sponsored Migration Scheme (Subclass 187) visa. Specifically, the Amendment Regulations provide for annual increases in the TSMIT, in alignment with the indexation that applies to the CSIT under the Migration Regulations.

The purpose of this amendment is to ensure that visa applicants for certain skilled temporary and permanent visas are provided with remuneration and employment conditions that are at least equivalent to what is, or would be, provided to an Australian worker performing the same work at the same location. As criteria for the above visa types, the Minister must be satisfied that the monetary benefits for an equivalent Australian worker are at least the amount of the relevant income threshold (the TSMIT), that the nominated skilled migrant worker (that is, the nominee), is paid at least the same as an equivalent Australian worker, and that the nominee’s guaranteed annual earnings, excluding any non-monetary benefits, will not be less than the income threshold (the TSMIT).

Income thresholds and indexation for the Skills in Demand (Subclass 482) and Employer Nomination Scheme (Subclass 186) visas are provided for in the Migration Regulations in accordance with the annual Average Weekly Ordinary Times Earnings figures (AWOTE) (see regulations 1.03 (definitions of CSIT and Specialist Skills Income Threshold (SSIT), and regulations 2.72, 2.72C, 2.79, 2.79A, 5.19, and 5.42A). As of 1 July 2025, the CSIT is $76,515 and the SSIT is $141,210. From 1 July 2026, these amounts will increase to $79,423 and $146,576 respectively.

A comparable annual increase for the TSMIT is currently managed by way of a legislative instrument made by the Minister under Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 (IMMI 18/033).

The TSMIT was introduced in 2009 but had not been systematically indexed annually since 2013 until 2023, when it increased from $53,900 to $70,000 to give effect to the current Government’s policy intention to ensure skilled migrant workers are able to sufficiently support themselves while in Australia and to provide a safeguard against exploitation. It has increased annually since then, with the most recent amending instrument commencing on 1 July 2025, specifying the TSMIT amount to be $76,515 (equal to the CSIT).

Requiring IMMI 18/033 to be updated annually by a legislative instrument instead of relying on the CSIT indexation formula creates a risk that income thresholds will come out of alignment if an instrument is not made to increase TSMIT in line with the CSIT. It also risks creating confusion for applicants/sponsors and other stakeholders and requires direct intervention by the Minister by making a legislative instrument for TSMIT where other annual income threshold increases occur automatically via the Migration Regulations.

Amending the Migration Regulations so that TSMIT maintains parity with the CSIT (in such a way that where these Regulations provide for an increase of the CSIT on 1 July per the indexation provisions in regulation 5.42A), ensures the TSMIT is certain to increase in the same way/same rate as the CSIT. It will also reduce administrative (and legislative) burden by removing the need for a new legislative instrument to be made annually by the Minister to specify the TSMIT figure.

The Skilled Visa Program is designed to be flexible and responsive to labour market conditions. Indexation of income thresholds reduces risk of exploitation of skilled migrants, which could occur if there was a lack of wage growth and greater gaps between their wages and those of Australian workers. Additionally, indexation is intended to ensure that migrant workers are adequately able to support themselves whilst in Australia, requiring their incomes to remain competitive with Australian wages and sufficient to ensure that they are not disadvantaged financially if cost of living and inflationary increases would reduce their real income.

The changes to provide for the definition for the TSMIT in regulation 1.03 to the Migration Regulations, are intended to apply to nomination applications lodged on and after 1 July 2026, in relation to a visa subclass for which the TSMIT is the income threshold. From 1 July 2026, the TSMIT amount will increase to $79,423 to align with the CSIT. 

All nomination applications lodged prior to 1 July 2025 will continue to be assessed against the TSMIT amount that was in force at the time of the nomination lodgement.

Human rights implications

The amendments in Schedule 2 to the Amendment Regulations positively engage the following rights:

• the right to the enjoyment of just and favourable conditions of work under Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and
• the right to an adequate standard of living under Article 11(1) of the ICESCR.

Just and favourable conditions of work

Article 7 of the ICESCR provides:

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

Specifying TSMIT and its indexation in the Migration Regulations is aimed at ensuring that skilled migrant workers are fairly remunerated for their work and in line with increases to the AWOTE, consistent with increases to the CSIT. By extension, this also helps to ensure that migrant workers are not undercutting the Australian labour market. Ensuring employers commit to paying their workers at least the increased TSMIT also helps to address risks of worker exploitation.

Accordingly, the Amendment Regulations promote the right to fair conditions of work for under Article 7 of the ICESCR for skilled migrant workers.

Adequate standard of living

Article 11(1) of the ICESCR provides:

The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

As mentioned above, indexation of the TSMIT is intended to ensure that migrant workers are adequately able to support themselves whilst in Australia, requiring their incomes to remain competitive with equivalent Australian workers’ wages and sufficient to ensure that they are not disadvantaged financially if cost of living and inflationary increases would reduce their real income. This helps to ensure that skilled migrant workers are able to maintain an adequate standard of living while in Australia, therefore, positively engaging Article 11(1) of the ICESCR.

Conclusion

The amendments in Schedule 2 to the Amendment Regulations are compatible with human rights because it promotes the protection of human rights.

Schedule 3 to the Amendment Regulations - Fees for visa applications

Schedule 3 to the Amendment Regulations amends Schedule 1 to the Migration Regulations to implement 2026–27 Budget measures relating to visa application charges (VACs). It provides for a system-wide increase to VACs for most visa subclasses, targeted increases for specified visas, the introduction of limited exemptions and differential settings for particular cohorts, and the ongoing indexation of VACs for all other visa subclasses in line with the Consumer Price Index (CPI). The amendments are intended to raise revenue in a consistent and administratively efficient manner, while supporting policy objectives including humanitarian access, labour mobility initiatives, and the stability and diversification of the international education sector.

The Amendment Regulations increase the first instalment of the VAC by 25 per cent from 1 July 2026 for most visa subclasses specified in Schedule 1. This measure provides a broad-based and efficient mechanism to raise revenue across the migration program while maintaining the existing charge structure. A uniform increase supports administrative simplicity and ensures consistency across visa categories.

The Amendment Regulations also implement a higher increase to the VAC for Student (Subclass 500) and Student Guardian (Subclass 590) visas. The base application charge component of the first instalment for primary applicants increases from $2,000 to $2,500. This measure supports managed and sustainable growth and the restoration of integrity in the international education sector. CPI indexation will continue to apply in subsequent years.

Applicants from Pacific Island countries and Timor-Leste continue to benefit from concessional VAC arrangements and are not subject to the additional increase for Student (Subclass 500) and Student Guardian (Subclass 590) visas. These concessional settings, introduced by the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025, will remain subject to CPI indexation. The lower VAC applies to primary applicants from these cohorts, as well as their family members and dependants. The existing concessional VAC arrangements as applied to the increase to the VAC for Student (Subclass 500) and Student Guardian (Subclass 590) visas implemented by this instrument mitigate the impact of increased VAC charges on applicants from Pacific Island countries and Timor-Leste for these visas. This promotes the right to education by removing a potential barrier for applicants from the Pacific and Timor-Leste. However, to the extent that the application of the existing concessional VAC arrangements to this instrument results in differentiation on the basis of nationality or citizenship, this is reasonable and proportionate to the meeting of a legitimate government objective. This is because a differential (lower) VAC to Student and Student Guardian visa applicants from the Pacific and Timor-Leste will assist to deepen Australia’s connections with these countries and support wider education opportunities within region. This contributes to Pacific economies and providing opportunities for cultural, education and skills exchange, in support of a peaceful, prosperous and resilient Pacific region.

As far as the Amendment Regulations provides for indexation for all visa subclasses not otherwise affected by the above measures, this is consistent with government policy to annually index VACs in line with CPI and give effect to a long-standing budget measure.

Exemptions from the system‑wide increase

The Amendment Regulations excludes the following visas and cohorts from the broad 25 per cent VAC increase:

• Humanitarian and protection visas:
  • Subclass 200, 201, 202, 203 and 204 visas
  • Subclass 785 (Temporary Protection) visa
  • Subclass 790 (Safe Haven Enterprise) visa
  • Subclass 866 (Protection) visa
• Selected temporary and regional mobility visas:
  • Subclass 192 (Pacific Engagement) visa
  • Subclass 403 (Temporary Work (International Relations)) visa – Pacific Australia Labour Mobility (PALM) stream
• Specified cohorts of Student visa applicants:
  • Subclass 500 applicants enrolled in ELICOS or non‑award sector courses who are from ASEAN countries
• Citizens of Pacific Island countries and Timor-Leste who are eligible under specific Australian visa programs (for example, based on nationality, age, skills, or occupation requirements) and who are applying for those visa subclasses.

The above exemptions ensure that vulnerable applicants and priority cohorts are not adversely affected by increased costs. In particular:

• Humanitarian and protection visa exemptions preserve access for individuals seeking protection.
• Pacific and regional labour mobility exemptions support Australia’s international and regional engagement objectives.
• Student visa exemptions for certain cohorts mitigate potential negative impacts on key education sectors and regional partnerships.

Targeted VAC increases for specified visas

The Amendment Regulations applies targeted increases to selected visa subclasses instead of the general 25 per cent increase.

These targeted increases are summarised as follows:

• Working Holiday Maker visas - Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday):
  • Increase of $330 to second and third application VACs
• Resident Return visa – Subclass 155 and 157
  • Increase of 200% VAC
• Bridging visa B – Subclass 020
  • Increase of 200% VAC
• New Zealand Citizen Family Relationship (Temporary) visa – Subclass 461
  • Increase of 200% VAC

These increases represent the full VAC adjustment for these visas and replace, rather than supplement, the general 25 per cent increase. Targeted increases align VAC settings more closely with the purpose and use of these visas, including repeat or discretionary applications, and better reflect administrative costs and demand patterns. Applying bespoke increases avoids compounding impacts from the general uplift and ensures charges remain proportionate to policy intent.

Differential arrangements for certain Student visa applicants

ELICOS and non‑award sector applicants:

The Amendment Regulations maintains existing VAC settings for Student (Subclass 500) visa applicants enrolled in ELICOS and non‑award courses by exempting them from any increase.

ASEAN applicants:

The Amendment Regulations also exempts Student (Subclass 500) visa applicants from ASEAN countries from the broader increase and maintains current VAC levels.

Both of these differential measures support the competitiveness and sustainability of Australia’s international education sector. Maintaining existing VAC levels for these applicant cohorts:

• mitigates potential market disruption in price‑sensitive student cohorts;
• supports diversification of source countries in line with the government’s Southeast Asia strategy; and,
• ensures continued access for entry‑level education pathways that are particularly fee‑sensitive.

Indexation of remaining VACs

The Amendment Regulations increases VAC instalments for all visa subclasses not otherwise affected by the above measures in accordance with annual indexation arrangements. The increases align with the CPI of 2.6 per cent, as provided in the 2026–27 budget. Indexation preserves the real value of VACs over time and ensures consistency with the government’s established annual adjustment mechanism under the 2017–18 budget measure on VAC indexation.

Human rights implications

The amendments in Schedule 3 to the Amendment Regulations engage the following rights:

• the right to equality and non‑discrimination in Article 26 of the International Covenant on Civil and Political Rights (ICCPR);
• the right to education in Article 13(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), including as read with Article 2(2) of the ICESCR;
• the right to leave any country, including one’s own, in Article 12(2) of the ICCPR;
• the right to enter one’s own country in Article 12(4) of the ICCPR; and,
• rights relating to families and children, particularly those in Article 17(1) and 23(1) of the ICCPR and Article 10 of the Convention on the Rights of the Child (CRC).

In many instances, visa applicants are located outside Australia, and the measures will not engage applicable rights and freedoms for those applicants.

Right to equality and non‑discrimination as read with the right to education

Articles 2(2) and 13(1) of the ICESCR and Article 26 of the ICCPR may be engaged by establishing a differential (lower) VAC for certain cohorts, at the exclusion of other applicants who will not be eligible for a differential VAC, including:

• lower VACs for Student (Subclass 500) visa applicants from ASEAN countries; and,
• lower VACs for Student (Subclass 500) visa applicants enrolled in ELICOS and non‑award sector courses.

Article 2(2) of ICESCR states:

The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 26 of the ICCPR states:

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 13(1) of the ICESCR relevantly states:

The States Parties to the present Covenant recognize the right of everyone to education.

In its General Comment on Article 2 of the ICESCR, the United Nations Committee on Economic Social and Cultural Rights has stated that:

Differential treatment based on prohibited grounds will be viewed as discriminatory unless the justification for differentiation is reasonable and objective. This will include an assessment as to whether the aim and effects of the measures or omissions are legitimate, compatible with the nature of the [ICESCR] rights and solely for the purpose of promoting the general welfare in a democratic society. In addition, there must be a clear and reasonable relationship of proportionality between the aim sought to be realized and the measures or omissions and their effects.

Similarly, in its General Comment 18 on Article 26 of the ICCPR, the United Nations Human Rights Committee (UNHRC) stated that:

The Committee observes that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the [ICCPR].

In most instances, Student (Subclass 500) visa applicants from ASEAN countries, and Student (Subclass 500) visa applicants who are enrolled in ELICOS and non-award sector courses, are outside Australia and the differential (lower) VAC for those applicants will not engage the applicable rights and freedoms.

Where applicants are in Australia, the differential VAC may engage the right to education. The instrument promotes this right in two distinct ways. First, by introducing a lower VAC for applicants from ASEAN countries, it reduces financial barriers for this cohort. This supports Australia’s broader objective of strengthening regional engagement and enabling individuals from ASEAN countries to access Australian education and skills development opportunities, which in turn contribute to economic development and closer regional ties. Second, by providing a differential VAC for applicants enrolled in ELICOS and non-award sector courses, the measure supports entry-level and pathway education programs. These courses often serve as a foundation for further study, and maintaining a lower cost for visa application helps facilitate access, particularly for students at the early stages of their education journey. Together, these measures promote greater participation in Australian education by targeted cohorts and support balanced growth across the migration and international education systems.

However, to the extent that the differential VAC will only be available to citizens from ASEAN countries, and applicants enrolled in ELICOS and non-award sector courses, the measure will limit the right to non-discrimination in the right to education, as it  differentiates on the basis of national origin and ‘other status’. This limitation is compatible with the nature of the right and is solely for the purpose of promoting general welfare in a democratic society.

To the extent that the instrument differentiates on the basis of national origin and ‘other status’, this is reasonable and proportionate to the meeting of a legitimate government objective. This is because providing a differential VAC to citizens from ASEAN countries and those enrolled in ELICOS and non-award sector courses supports Australia’s regional engagement and foreign policy priorities, including its Southeast Asia strategy; enhances access to education for priority cohorts, particularly in developing regions; promotes diversification and long‑term sustainability in the international education sector; and strengthens economic development, skills exchange, and people‑to‑people links across the ASEAN region. More broadly, a differential VAC for citizens from ASEAN countries and applicants enrolled in ELICOS and non-award sector courses forms part of a framework aimed at ensuring that the migration program remains sustainable, administratively viable, and aligned with the national interest.

To the extent that Student visa applicants from other nationalities, or applicants not enrolled in ELICOS and non-award sector courses, are not subject to an exemption to the increased VAC, any differential treatment is reasonable and objective. As the VAC is a small component of the cost of education in Australia, the VAC increase is unlikely to have a material impact on students choosing Australia as their country of education and will not impermissibly limit the right to education in Australia. As such, the unavailability of a lower VAC is unlikely to impact on the accessibility of Student visas for other cohorts.

To the extent that the measure differentiates based on national origin and ‘other status’, this is reasonable, necessary and proportionate to achieving legitimate objectives. The differentiation is narrowly targeted to clearly defined cohorts and is directly linked to specific policy objectives. The measures are designed to expand access for priority groups rather than restrict opportunities for others, and the absence of a differential VAC for other applicants is unlikely to materially affect access to education.

Right to education

Article 13(1) of ICESCR relevantly states that:

The States Parties to the present Covenant recognize the right of everyone to education. 

This instrument may limit the right to education where an applicant for a Student visa is in Australia as the VAC increase for these visas may create an additional barrier to accessing education in Australia.

The 25% VAC broad increase for visa applications (including Student visa applications) has the legitimate objective of promoting the general welfare of Australian society by ensuring managed, sustainable growth in the migration program.

This measure has a rational connection to its objective because placing visa-related requirements, including a higher VAC, for the access of foreign students to education in Australia, assists in delivering sustainable and steady growth in migration and the education sector.

The measure is therefore reasonable, necessary and proportionate to achieving its objective as the VAC for Student visas is and remains a small part of the cost to remain in Australia for the purposes of study, noting that Student visa holders are expected to support themselves with limited work rights. As the VAC is a small component of the cost of education in Australia, the VAC increase is unlikely to have a material impact on the students choosing Australia as their country of education and the guardians who support them and does not impermissibly limit the right to education in Australia.

To the extent that the instrument may limit the right to education, that limitation is reasonable, necessary and proportionate to achieving a legitimate objective.

Right to leave any country

Article 12(2) of the ICCPR provides that:

 Everyone shall be free to leave any country, including his own.

The instrument may engage Article 12(2) of the ICCPR in respect of the VAC increases applied to the Five Year Resident Return (Subclass 155) and Three Month Resident Return (Subclass 157) visas. This is because the increased VAC applied to these visa subclasses could affect individuals located in Australia who seek to depart and who will incur a higher cost associated with obtaining a visa. However, any such impact is indirect and limited in scope.

The VAC adjustments form part of a broader policy framework directed at legitimate objectives, including maintaining sustainable migration settings, ensuring appropriate cost recovery for visa processing, and supporting the efficient and effective operation of the migration system. As recognised in earlier VAC reforms, visa pricing mechanisms are an integral component of managing demand for entry to Australia and ensuring that migration remains orderly, sustainable, and aligned with national interests.

There is a clear and rational connection between VAC increases and these objectives. Setting visa charges at an appropriate level helps regulate demand for visas, support the financial sustainability of the migration program and contributes to the broader integrity of Australia’s border and visa systems. These outcomes, in turn, support the general welfare of the Australian community as well as the continued viability of the migration framework.

To the extent that the measure may affect the right of a person to leave Australia, any limitation is reasonable, necessary and proportionate. The instrument does not restrict a person’s ability to depart Australia, nor does it impose any prohibition on international travel. Rather, it relates only to the conditions for entry back into Australia. Individuals remain free to leave Australia and without restriction. Moreover, the VAC increases are moderate in the context of the overall costs associated with international travel and are accompanied by targeted exemptions and concessional settings for particular cohorts, which mitigate potential impacts on price‑sensitive groups.

In this context, the measure does not impose an arbitrary or disproportionate burden on individuals seeking to leave Australia. Instead, they represent a proportionate and policy‑justified adjustment within the migration framework. Accordingly, the instrument is compatible with Article 12(2) of the ICCPR, as it does not constitute an impermissible limitation on the right to leave Australia.

Right to enter one’s own country

Article 12(4) of the ICCPR provides that:

No one shall be arbitrarily deprived of the right to enter his own country

‘Own country’ in Article 12(4) is not limited to citizens of a country, but can include long term residents with strong ties to Australia and where ties to their country of nationality may have been severed.

The instrument engages this right to a limited extent as a result of the VAC increases applied to the Five Year Resident Return (Subclass 155) and Three Month Resident Return (Subclass 157) visas, which are commonly used by Australian permanent residents seeking to re‑enter Australia after travel overseas.

However, the nature of the measure does not undermine or interfere with the substance of the right. The increase in VACs relates solely to the level of administrative charges payable in connection with a visa application and does not affect a person’s underlying entitlement to seek re‑entry to Australia where they hold the relevant migration status. Individuals are not prevented from entering Australia, nor are additional substantive barriers imposed on their ability to return. The right protected by Article 12(4) concerns protection from arbitrary exclusion, and the present measure does not operate to exclude or deny entry to any person entitled to return.

The VAC adjustments form part of a broader, well established policy framework aimed at ensuring the sustainability and integrity of the migration system. In this context, the increases contribute to appropriate cost recovery for visa processing, support efficient administration, and assist in maintaining a stable and effective migration program. There is a clear and rational connection between the imposition of visa charges and these objectives, as VACs are a standard mechanism through which the government funds and manages the visa system.

To the extent that the measure engages the right to enter one’s own country, any impact is reasonable, necessary and proportionate. The requirement to pay a higher application charge does not amount to a denial of entry, but rather reflects a routine administrative condition associated with visa processing. The increase is moderate in the broader context of international travel and migration costs and do not impose a substantial or unreasonable burden on individuals seeking to return. Importantly, the measure is not arbitrary: it is applied consistently, is grounded in legitimate policy considerations, and does not target or single out individuals in a discriminatory manner in relation to their ability to re‑enter their own country.

Accordingly, the Amendment Regulations is compatible with Article 12(4) of the ICCPR, as it does not deprive any person of the right to enter their own country, nor does it give rise to any arbitrary restriction on that right.

Rights relating to families and children

The right to respect for the family is protected by Articles 17 and 23 of the ICCPR and Article 10 of the ICESCR. 

The broad 25 per cent increase in VAC may limit these rights by affecting access to family reunion pathways, including under the Child (Subclass 101), Parent (Subclass 103) and Partner visas. However, the government is of the view that this measure is compatible with these rights as the VAC is and remains a small part of the cost to come to Australia.

The broad 25 per cent VAC increase forms part of an established policy framework that supports the sustainability, integrity and efficient administration of the migration program. In this context the measure contributes to cost recovery for resource-intensive processing across family visa streams, including high-volume Partner visas, complex Parent visa queues, and Child visa safeguarding and verification requirements.

There is a clear and rational connection between the increase and these objectives, as VACs are a standard mechanism through which governments fund and manage visa systems. Setting VACs at an appropriate level helps manage demand for visas, supports the financial sustainability of the migration program, and contributes to the broader integrity of Australia’s border and visa systems. These outcomes, in turn, support the general welfare of the Australian community as well as the continued viability of the migration framework.

The measure is appropriately calibrated to achieve legitimate objectives without unduly limiting access to family reunification. Any limitation on family rights is therefore justified as reasonable, necessary and proportionate, while preserving ongoing access to family migration pathways.

Conclusion

The amendments in Schedule 3 to the Amendment Regulations are compatible with human rights because to the extent that it may limit human rights, those limitations are not arbitrary and are reasonable, necessary and proportionate.

The Hon Tony Burke MP

Minister for Immigration and Citizenship

ATTACHMENT D

Details of the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

Section 1 – Name

This section provides that the title of the instrument is the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations).

Section 2 – Commencement

This section provides that the Amendment Regulations commence on 1 July 2026.

Section 3 – Authority

This section provides that the instrument is made under the Australian Citizenship Act 2007 and the Migration Act 1958.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Fees for citizenship applications

Part 1—Fees

Australian Citizenship Regulation 2016

Items [1 to 13]

Part 1 of Schedule 1 to the Amendment Regulations amends column 2 of the table in Schedule 3 to the Australian Citizenship Regulation 2016 (the Citizenship Regulation). Items 1 to 13 of Schedule 1 to the Amendment Regulations give effect to increases to the citizenship application fee amounts from 1 July 2026.

The amendments made by items 1 to 13 of Schedule 1 to the Amendment Regulations substitute previous citizenship fee amounts with indexed fee amounts. The following table summarises the changes that take effect on 1 July 2026.
 

Part 2—Transitional provisions

Australian Citizenship Regulation 2016

Item [14] In the appropriate position in Part 4

This item inserts new section 38 into Part 4 of the Citizenship Regulation. Section 38 provides that amendments made by Part 1 of Schedule 1 to the Amendment Regulations apply in relation to an application made on or after 1 July 2026.

Schedule 2—Temporary skilled migration income threshold

Migration Regulations 1994

Item [1] – Regulation 1.03

Item 1 of Schedule 2 to the Amendment Regulations inserts the following definition of temporary skilled migration income threshold in regulation 1.03 of the Migration Regulations 1994 (the Migration Regulations):

• temporary skilled migration income threshold means $79,423.

Item 1 of Schedule 2 to the Amendment Regulations includes a note under the definition of the expression temporary skilled migration income threshold. The note explains that the specified amount is indexed under regulation 5.42A of the Migration Regulations.

The effect of item 1 of Schedule 2 to the Amendment Regulations is that the definition of temporary skilled migration income threshold is specified in the Migration Regulations.

Items [2] – [4]

Item 2 of Schedule 2 to the Amendment Regulations omits “specified by the Minister in a legislative instrument for the purposes of this paragraph” from paragraph 2.72C(15)(d) of the Migration Regulations.

Amended paragraph 2.72C(15)(d) provides that the annual market salary rate, excluding any non-monetary benefits, for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the temporary skilled migration income threshold.

Item 3 of Schedule 2 to the Amendment Regulations omits “specified by the Minister in a legislative instrument made for the purposes of paragraph (d) of this subregulation” from paragraph 2.72C(15)(f).

Amended paragraph 2.72C(15)(f) provides that the nominee's annual earnings, excluding any non-monetary benefits, in relation to the occupation will not be less than the temporary skilled migration income threshold.

Item 4 of Schedule 2 to the Amendment Regulations omits “specified by the Minister in a legislative instrument made for the purposes of paragraph (15)(d) of this subregulation” from paragraph 2.72C(16)(a)(i).

Amended paragraph 2.72C(16)(a)(i) provides that the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the temporary skilled migration income threshold.

The effect of items 2 to 4 is to remove references to amounts specified by Ministerial legislative instrument, so that the relevant provisions instead refer directly to the temporary skilled migration income threshold as defined in regulation 1.03.

Item [5] – Subregulation 5.42A(1)

Item 5 of Schedule 2 to the Amendment Regulations omits “and specialist skills income threshold” and substitutes “, specialist skills income threshold and temporary skilled migration income threshold” in subregulation 5.42A(1) of the Migration Regulations.

Amended subregulation 5.42A(1) provides that if the indexation factor for an indexation day is greater than 1, the dollar amounts mentioned in the definitions of core skills income threshold, specialist skills income threshold and temporary skilled migration income threshold in regulation 1.03 are, on that day, replaced by the amounts worked out using the following formula:

The effect of item 5 of Schedule 2 to the Amendment Regulations is to update subregulation 5.42A(1) to include reference to the definition of temporary skilled migration income threshold in regulation 1.03 (see item 1, above) in subregulation 5.42A(1) for the calculation of indexation for certain amounts as prescribed in section 5.42A.

Item [6] – In the appropriate position in Schedule 13

Item 6 of Schedule 2 to the Amendment Regulations inserts the following:

Part 164—Amendments made by the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026

16401  Application of amendments

 The amendments made by Schedule 2 to the Home Affairs Legislation Amendment (2026 Measures No. 1) Regulations 2026 apply in relation to an application for approval of a nomination made on or after 1 July 2026.

16402  Application of indexation to temporary skilled migration income threshold

The first indexation day on which the dollar amount mentioned in the definition of temporary skilled migration income threshold in regulation 1.03 may be indexed under regulation 5.42A is 1 July 2027.

The effect of item 6 of Schedule 2 to the Amendment Regulations is to specify that amendments made by Schedule 2 of the Amendment Regulations apply to nominations made on or after 1 July 2026. Further, the effect of item 6 of Schedule 2 is to establish the first indexation day on which the dollar amount mentioned in the definition of temporary skilled migration income threshold in regulation 1.03 may be indexed under regulation 5.42A is 1 July 2027. That amount is $79,423, as of 1 July 2026.

Overall, the effect of items [1] to [6] (above) of Schedule 2 to the Amendment Regulations collectively amends the relevant provisions of the Migration Regulations:

• to specify the ‘temporary skilled migration income threshold’ (TSMIT), which applies to nominations made in relation to a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa or Subclass 187 (Regional Sponsored Migration Scheme) visa.
• for the purposes of former paragraph 2.72C(15)(d) of the Migration Regulations, the previous legislative scheme for TSMIT was prescribed through a legislative instrument made by the Minister in accordance with above paragraph and as of 1 July 2025, the threshold was AUD $76,515. The effect of the above amendments results in, as of 1 July 2026, a revised TSMIT of $79,423, with the amount indexed in accordance with the relevant provisions of the Migration Regulations from 1 July 2027.
• provide that the TSMIT is to be updated and indexed annually together with the core skills income threshold (CSIT) and specialist skills income threshold (SSIT) (defined in regulation 1.03) in accordance with the current requirements provided under regulation 5.42A. Additionally, the term ‘temporary skilled migration income threshold’ is included in regulation 1.03 through the amendment to that regulation (see item 1, above). The purpose of these amendments is to align the salary threshold and the annual indexation for TSMIT with CSIT.

The current legislative scheme for CSIT automatically indexes on 1 July each year, and on 1 July 2026 CSIT indexes to $79,423. This threshold is also the same for the TSMIT in Schedule 2 to the Amendment Regulations as of 1 July 2026, and the above amendments ensure that TSMIT continues to index to the same dollar figure in line with CSIT each 1 July in future years. These amendments also ensure that amendments to TSMIT are no longer amended manually by discretionary exercise of an instrument making power by the Minister.

Schedule 3—Fees for visa applications

Migration Regulations 1994

Item [1] – Regulation 1.03

This item inserts the definition of Pacific-regional country into the Migration Regulations and provides that expression to mean each of the following:

 (a) Federated States of Micronesia;

 (b) Fiji;

 (c) Kiribati;

 (d) Nauru;

 (e) Palau;

 (f) Papua New Guinea;

 (g) Republic of the Marshall Islands;

 (h) Samoa;

 (i) Solomon Islands;

           (j)        Timor-Leste;

 (k) Tonga;

 (l) Tuvalu;

 (m) Vanuatu.

The purpose of this amendment is to set out the meaning for that expression for the purposes of the Migration Regulations. Specifically, the expression is referred to by amendment made by items [2] to [6] to visa applicants who are citizens of Pacific Island countries and Timor-Leste to be the subject of a VAC increase that reflects a CPI of 2.6 percent increase.

Items [2] to [64]

Items [2] to [64] of Schedule 3 to the Amendment Regulations amend Schedule 1 to the Migration Regulations to give effect to the 2026–27 Budget measures and ongoing policy to increase the visa application charge (VAC). Specifically, the amendments:

• increase the first instalment of the VAC for certain visas from their 2025–26 baseline amounts by 25%. The visas subject to this increase exclude the Refugee and Humanitarian (Class XB) visa, Temporary Protection (Class XD) visa, Safe Haven Enterprise (Class XE) visa, Protection (Class XA) visa, Pacific Engagement (Class PA) visa, Temporary Work (International Relations) (Class GD) visa, and those visas referred to in the succeeding paragraphs;
• increases the base application charge component of the VAC, for applicants seeking to satisfying the requirement for a Student (Temporary) (Class TU) visa under subparagraph 1222(2)(a)(ii) of Schedule 1 to the Migration Regulations, from 2000 Australian dollars (AUD) to 2500 AUD;
• provides the VAC increase for Subclass 500 visa for applicants who are either enrolled in English Language Intensive Course for Overseas Students (the ELICOS) or non-award courses, or are from a country that is a part of the Association of Southeast Asian Nations (the ASEAN), to be increased by the Consumer Price Index (CPI) of 2.6 percent from their 2025-26 baseline amounts instead of the increase set out in paragraph (a);
• enables visa applicants who are citizens of Pacific Island countries and Timor-Leste to be the subject of a VAC increase that reflects a CPI of 2.6 percent increase from their 2025-26 baseline amounts instead of the increase set out in paragraph (a). These applicants are those that hold a valid passport issued by a Pacific-regional country;
• applies targeted VAC increases for the Work and Holiday (Temporary) (Class US) visa, Working Holiday (Temporary) (Class TZ) visa, Return (Residence) (Class BB) visa, Bridging B (Class WB) visa, and New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa.

All increases are rounded to a multiple of $5.00 according to the following methodology:

• if the amount of the charge calculated under this formula is not a multiple of $5.00, and exceeds the nearest lower multiple of $5.00 by $2.50 or more, the amount is rounded up to the nearest $5.00;
• in any other case, where the charge calculated under the formula is not a multiple of $5.00, the amount is rounded down to the nearest lower multiple of $5.00.

The amount of the increase in these relevant items of Schedule 1 to the Migration Regulations does not exceed the applicable charge limit set out in the Migration (Visa Application) Charge Act 1997.

Increase of first instalment of VAC by 25% for certain visas

The increase of the VAC by 25 percent gives effect to related Budget Measures to raise revenue in a consistent and administratively efficient manner, while supporting policy objectives including humanitarian access, labour mobility initiatives, and the stability and diversification of the international education sector.

Below are examples of relevant VAC increases made by amendments made by items in Schedule 3 to the Amendment Regulations.

For example, item [2] of Schedule 3 to the Amendment Regulations repeals paragraph 1104BA(2)(a) of Schedule 1 to the Migration Regulations and substitutes, in part, new subparagraph 1104BA(2)(a)(ii).

New subparagraph 1104BA(2)(a)(ii) sets out the first instalment of VAC for applicants for the Business Skills (Permanent) (Class EC) visa that exclude those covered by subparagraph 1104BA(2)(a)(i). The applicants covered by subparagraph 1104BA(2)(a)(i) are those applicants who hold a valid passport issued by a Pacific-regional country.

The VAC is as follows:

The table below sets out a comparison between the first instalment of the VAC prior to the increase and post VAC increase.

By way of another example, item [7] of Schedule 3 to the Amendment Regulations repeals paragraph 1114B(2)(a) of Schedule 1 of the Migration Regulations and substitutes, in part, new subparagraph 1114B(2)(a)(ii).

New subparagraph 1114B(2)(a)(ii) sets out the first instalment of VAC for applicants for the Employer Nomination (Permanent) (Class EN) visa that exclude those covered by subparagraph 1114B(2)(a)(i). The applicants covered by subparagraph 1114B(2)(a)(i) are those applicants who hold a valid passport issued by a Pacific-regional country.

The VAC is as follows:

The table below sets out a comparison between the first instalment of the VAC prior to the increase and post VAC increase.

Increase base application charge component of the first instalment of VAC for a Student (Temporary) (Class TU) visa

The increase of the base application charge component of the first instalment of VAC for a Student (Temporary) (Class TU) visa supports the Government’s approach to strengthening the integrity and sustainability of the international Student visa program and the international education sector. The VAC is a small component of the overall cost of education in Australia as an international student. The VAC increase is aimed at balancing these costs against the value gained by Student visa holders accessing Australia’s high quality education system and accessing the Australian labour market, with limited work rights as a Student visa holder. The VAC increases also promote the general welfare of Australian society by ensuring managed, sustainable migration growth and restoring integrity in the international education sector.

The specific amendment is made by the amendment in item [42] of Schedule 3 to the Amendment Regulations, which repeals the table under subparagraph 1222(2)(a)(ii) of Schedule 1 to the Migration Regulations and substitutes a new table as follows.

The table below sets out a comparison between the first instalment of the VAC prior to the increase and post VAC increase.

The additional applicant charges component in table items 2 and 3 under subparagraph 1222(2)(a)(ii) is increased by 25 percent from their 2025-26 baseline amounts consistent with the general VAC increase to give effect to the 2026-2027 Budget Measures and ongoing policy to increase the VAC.

The increase of VAC for applicants of the Student (Temporary) (Class TU) does not apply to the following applicants:

• an applicant who is enrolled in ELICOS or a non-award course and is from a country that is part of ASEAN;
• an applicant who holds a valid passport issued by a Pacific-regional country.

VAC increase for applicants who are enrolled in ELICOS or non-award courses and are from ASEAN countries

The increase in VACs for applicants who are enrolled in ELICOS or non-award courses and are from ASEAN countries, by CPI of 2.6 per cent from their 2025–26 baseline amounts, is intended to support the competitiveness and sustainability of Australia’s international education sector.

Maintaining existing VAC levels for these Student (Temporary) (Class TU) visa applicant cohorts:

• mitigates potential market disruption in price sensitive student cohorts;
• supports diversification of source countries in line with the government’s Southeast Asia strategy; and
• ensures continued access for entry level education pathways that are particularly fee sensitive.

The specific amendments are made by the amendments in items [40], [41] and [43] of Schedule 3 to the Amendment Regulations.

Item [41] of Schedule 3 to the Amendment Regulations inserts new subparagraphs 1222(2)(a)(ib) and 1222(2)(a)(ic) into Schedule 1 to the Migration Regulations.

New subparagraph 1222(2)(a)(ib) provides that set out the first instalment of the VAC for each of the following applicants of the Student (Temporary) (Class TU) visa:

• an applicant (the primary applicant) who is seeking to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa and who holds a valid passport issued by a country specified in subitem (5A);
• an applicant whose application is combined, or sought to be combined, with an application made by the primary applicant;
• an applicant who claims to be member of the family unit of a person who both holds a Subclass 500 (Student) visa, having satisfied the primary criteria for that visa, and who holds a valid passport issued by a country specified in subitem (5A).

New subparagraph 1222(2)(a)(ic) provides that set out the first instalment of the VAC for each of the following applicants of the Student (Temporary) (Class TU) visa:

• an applicant (the primary applicant) who is seeking to satisfy the primary criteria for the grant of a Subclass 500 (Student) visa on the basis of enrolment in an ELICOS or non-award course, and who does not hold a valid passport issued by a Pacific-regional country or a country specified in subitem (5A);
• an applicant whose application is combined, or sought to be combined, with an application made by the primary applicant;
• an applicant who claims to be member of the family unit of a person who both holds a Subclass 500 (Student) visa, having satisfied the primary criteria for that visa on the basis of enrolment in an ELICOS or non-award course, and who does not hold a valid passport issued by a Pacific-regional country or a country specified in subitem (5A).

The VAC for applicants seeking to satisfy subparagraph 1222(2)(a)(ib) or 1222(2)(a)(ic) is the same and is as follows:

The effect of these amendments is that applicants to which the VAC applies are subject to a VAC increased by the CPI of 2.6 percent from their 2025-26 baseline amounts.

The table below sets out a comparison between the first instalment of the VAC prior to the increase and post VAC increase.

For the purposes of setting out the countries that are excluded by new subparagraph 1222(2)(a)(ib) and included by new subparagraph 1222(2)(a)(ic), item [43] of Schedule 3 to the Amendment Regulations repeals subitem 1222(5A) of Schedule 1 to the Migration Regulations and substitutes new subitem 1222(5A) in its place.

New subitem 1222(5A) has the effect that, for the purposes of subparagraphs (2)(a)(ib) and (ic), Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam are specified.

VAC increase for applicants who are citizens of Pacific Island countries and Timor-Leste

The VAC amendments for visa applicants who are citizens of Pacific Island countries or Timor-Leste ensure that those applicants continue to benefit from concessional VAC arrangements for all eligible VACs to which indexation is applied.

Below are examples of relevant VAC increases made by amendments made by items in Schedule 3 to the Amendment Regulations.

For example, item [2] of Schedule 3 to the Amendment Regulations repeals paragraph 1104BA(2)(a) of Schedule 1 to the Migration Regulations and substitutes, in part, new subparagraph 1104BA(2)(a)(i).

New subparagraph 1104BA(2)(a)(i) sets out the first instalment of VAC for applicants for the Business Skills (Permanent) (Class EC) visa that exclude those covered by subparagraph 1104BA(2)(a)(ii); see related example of VAC increases for VAC increases by 25 percent.

The applicants covered by subparagraph 1104BA(2)(a)(i) are those applicants who hold a valid passport issued by a Pacific-regional country or who seek to combine his or her application with an application made by an applicant who holds such a passport.

The VAC is as follows:

The table below sets out a comparison between the first instalment of the VAC prior to the increase and post VAC increase.

By way of another example, item [7] of Schedule 3 to the Amendment Regulations repeals paragraph 1114B(2)(a) of Schedule 1 of the Migration Regulations and substitutes, in part, new subparagraph 1114B(2)(a)(i).

New subparagraph 1114B(2)(a)(i) sets out the first instalment of VAC for applicants for the Employer Nomination (Permanent) (Class EN) visa that exclude those covered by subparagraph 1114B(2)(a)(ii); see related example of VAC increases for VAC increases by 25 percent.

The applicants covered by subparagraph 1114B(2)(a)(i) are those applicants who hold a valid passport issued by a Pacific-regional country or who seek to combine his or her application with an application made by an applicant who holds such a passport.

The VAC is as follows:

The table below sets out a comparison between the first instalment of the VAC prior to the increase and post VAC increase.

Specific VAC increases

The specific increases align VAC settings more closely with the purpose and use of Work and Holiday (Temporary) (Class US) visa, Working Holiday (Temporary) (Class TZ) visa, Return (Residence) (Class BB) visa, Bridging B (Class WB) visa, and New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, including repeat or discretionary applications, and better reflect administrative costs and demand patterns. Applying bespoke increases avoids compounding impacts from the general uplift and ensures charges remain proportionate to policy intent.

For example, item [44] of Schedule 3 to the Amendment Regulations repeals subparagraph 1224A(2)(a)(ii) of Schedule 1 to the Migration Regulations and substitutes in its place new subparagraphs 1224A(2)(a)(ii), (iii) and (iv) to set out specific VACs.

New subparagraph 1224A(2)(a)(ii) provides that for an applicant who is not in such a class of persons and who holds a valid passport issued by a Pacific-regional country, the VAC is 690 AUD.

New subparagraph 1224A(2)(a)(iii) provides that for an applicant who is not in such a class of persons, who does not hold a valid passport issued by a Pacific-regional country and is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID-19 affected visa, the VAC is 840 AUD.

New subparagraph 1224A(2)(a)(iv) provides that for any other applicant (being applicants other than those covered by subparagraph 1224A(2)(a)(i), (ii), (iii) or (iv), the VAC is 1 000 AUD.