What Happens When Immigration Policy Changes During Your Application?
One of the most stressful parts of the Australian migration journey is the fact that the rules can change at any time. You may have spent months preparing your evidence and thousands of dollars on fees, only to wake up to a news report about a new migration strategy or a change in the migration policy. The question for many is: “Do the new rules apply to me, even though I already lodged my visa application?” The answer depends on the type of change and the specific provisions the government implements.
The General Rule: Time of Application
In most cases, Australian migration law follows the principle of prospectivity. This means that when a new law is passed, it usually only applies to applications lodged after a specific date. If you have already lodged your application and paid your fee, you are often protected from changes to the eligibility criteria. For example, if the points requirement for a Skilled visa increases from 65 to 70 after you have lodged, the Department will usually still assess your case based on the old 65-point rule.
The Exception: Time of Decision
Some visa requirements must be met at the time of decision. If a policy change affects a time of decision criterion, it can impact you even if you applied months ago. Common examples include:
Rules regarding health or character requirements can change and apply to everyone who hasn’t received a final decision.
As we have seen with the Core Skills Income Threshold (CSIT) and Specialist Skills Income Threshold (SSIT) indexation, some salary requirements are tied to the date the decision is made or the nomination is lodged. Update for Employers: New Income Thresholds and LMT Rules from 1 July 2026 and How Does That Affect You?
Changes to security assessments or to prohibited groups usually apply immediately to all pending applications.
Occupation List Changes
For skilled and employer-sponsored visas, the Skilled Occupation Lists are updated frequently.
Usually, if your occupation was on the list when you lodged, a later removal of that job won’t affect your current processing.
If your occupation is removed from the list while your Expression of Interest (EOI) is in the pool, you will likely become ineligible for an invitation from that date forward.
One thing to note is that, when the government introduces a major change, it often includes savings provisions. These are legal instructions that tell case officers to keep using the old rules for people who applied before a certain deadline to ensure the system remains fair.
What are some Practical Steps to Protect Yourself?
If you hear about a policy change, follow these steps:
Read the official commencement date of the new policy.
Check your status to see whether you are at the EOI stage or the lodged-and-pending stage.
If you know a change is coming, such as the annual 1 July changes, try to lodge your application before the new rules start.
If you are unsure, consult a professional immigration lawyer for clarification on how the new law may affect you.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help You?
Planning ahead helps to avoid costly mistakes for your work-sponsored visa. At Agape Henry Crux, our team of immigration lawyers work closely with our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02 8310 5230 or emailing us at info@ahclawyers.com to arrange a time.
We speak fluent English and Mandarin. If these aren’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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