Cuts, punishment powers and a notable exception: Key changes in Labor's migration shake-up

The federal government has announced a shake-up of Australia's migration system, with visa-hoppers, overstayers, students, and backpackers targeted in the crackdown.

Home Affairs Minister Tony Burke unveiled the changes during a National Press Club address on Thursday , following weeks of delay, heated debate and speculation.

Burke began his speech by highlighting the contribution of migration to Australia, but acknowledging there were problems with the current policy settings.

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Burke said the reforms are split into three parts: who arrives, who stays and who leaves.

Among the most consequential changes are those affecting students, backpackers, visa overstayers and visa hoppers.

International students and those on graduate visas will no longer be able to bring family members with them to Australia, with some exceptions for PhD students and some Pacific and ASEAN students.

As part of a so-called "visa-hopping" crackdown, Burke said the government will introduce a qualification scale, meaning only foreign students transferring to higher-level courses (bachelor's to master's for example) will be able to extend their visas.

A ballot system and cap will be introduced for backpackers wishing to extend their visit to a second or third year.

Only 45,000 working holiday-makers will be able to stay in Australia for a second year, and only 5,000 for a third year — down from 57,000 and 31,000 respectively. This will not affect United Kingdom citizens under the rules of a free trade agreement.

The government has already slowed down the processing of working holiday visas, with applications now taking months to be approved. Burke said processing of second-and third-year visas will be restored to the previous, faster pace — with the exception of UK citizens, who are exempt from regional work requirements to secure a visa extension.

The number of UK backpackers has risen sharply since the free trade agreement came into effect in 2023, from about 17,000 in 2021 to just under 80,000 now.

People who overstay their visas, of whom there are about 77,000, will face tougher sanctions, including detention. The government is now looking for more facilities, compliance officers and beds.

Burke said this was a return to a pre-2015 model, when visa overstayers would be taken into detention, and within a few weeks, organise their own flight and leave.