Global Immigration Recap: September 2026

Our September global immigration recap includes the latest on Canada’s CPTPP agreement with the UK, Australia’s new skilled visa priority processing order under MD 121 and 122, the UK’s proposed earned settlement policy and updated right to work guidance, Japan’s increased government fees for residence applications, and more.

Canada – CPTPP Now in Force with the UK, Short-Term Study Allowed for Eligible Work Permit Holders

UK Accession to CPTPP Takes Effect for Canada 

Canada ratified the United Kingdom’s accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in July 2026. The agreement subsequently came into force between Canada and the UK on September 1, 2026. From an immigration perspective, employers should consider the CPTPP framework when assessing potential work authorization options for eligible UK nationals, while confirming the applicable IRCC requirements for the specific category.  

Employer Takeaway: Employers transferring or hiring UK nationals in Canada should ensure CPTPP is considered alongside other potentially available work permit categories when assessing the most appropriate immigration strategy. 

Short-Term Study Now Allowed for Eligible Work Permit Holders 

As of September 4, 2026, a temporary public policy allows eligible foreign workers holding a valid work permit to study without a separate study permit where the program is six months or less. The authorization lasts for up to six months or until the work permit expires, whichever comes first. The measure also applies to eligible workers in Quebec.  

Employer Takeaway: Employers may have additional flexibility to support short-term courses or training for foreign workers already in Canada without requiring a separate study permit, provided the worker and program meet the policy requirements. 

Service Canada Clarifies LMIA Employer Guidelines 

Effective September 18, 2026, Service Canada updated Temporary Foreign Worker Program guidance to clarify how it determines whether an LMIA applicant is the employer. The analysis considers factors including who hires and pays the worker, directly benefits from the work, controls where and how the work is performed, establishes job duties and expectations, supervises performance, has authority to terminate the employment relationship, and signs the employment agreement.  

Employer Takeaway: Companies using affiliated entities, staffing arrangements, EOR structures or other complex employment models should confirm which entity will be regarded as the employer before proceeding with an LMIA, as the structure of the employment relationship may affect the application. 

Hong Kong Permanent Residence Pathways Closed to New Applications 

Canada’s special permanent residence pathways for eligible Hong Kong residents closed to new applications on August 31, 2026. IRCC will continue processing applications received on or before that date. Certain applicants with pending applications may also continue to qualify for an open work permit while their permanent residence application is being processed.  

Employer Takeaway: Employers with Hong Kong national employees who applied under these pathways should identify any pending cases and review whether employees may qualify for continued open work authorization while awaiting a PR decision. The closure also means employers should consider alternative PR pathways for Hong Kong nationals who did not apply before the deadline. 

Australia – New Ministerial Directions Replace Skilled Visa Priority Processing Order Established under MD 119

On September 19, 2026, two new Ministerial Directions were introduced, establishing a new priority processing order for skilled visa applications. These Ministerial Directions, MD 121 and MD 122, have replaced the priority processing order that was established under MD 119 in July. All applications currently in the queue, including those lodged prior to this date, will be processed in accordance with these Directions.  

Ministerial Direction 121 

This Direction dictates the order in which the Department of Home Affairs considers and decides on certain temporary skilled visa applications, including subclass 482 Skilled in Demand (SID) and legacy Temporary Skills Shortage (TSS) visas that remain undecided. Applicants nominated for a subclass 482 occupation in the following sectors are given priority: 

• Healthcare 
• Teaching 
• Construction (includes numerous engineering, architectural, surveying, trade, and technical occupations) 
• Agriculture 
• Aquaculture 
• Fishing 
• Resources 
• Defense and law enforcement 

To qualify for priority processing, the nominated position must itself directly support the relevant industry activity as defined by the Direction. Applicants employed by companies that operate in one of the above sectors are not automatically given priority. 

The new priority processing order for subclass 428 visa applications under MD 121 is: 

1. Applications for occupations in the above priority sectors 
2. Specialist Skills stream applications 
3. Other primary applicants who are in Australia when the application is lodged 
4. Other primary applicants who are outside of Australia when the application is lodged 
5. Remaining applications 

Ministerial Direction 122 

This second Direction dictates the order in which the following provisional and permanent skilled visa applications are processed: 

• Employer Nomination Scheme visa (Subclass 186) 
• Regional Sponsored Migration Scheme visa (Subclass 187) 
• Skilled Independent visa (Subclass 189) 
• Skilled Nominated visa (Subclass 190) 
• Permanent Residence (Skilled Regional) visa (Subclass 191) 
• Skilled Regional (Provisional) visa (Subclass 489) 
• Skilled Work Regional (Provisional) visa (Subclass 491) 
• Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494) 
• Skilled Regional visa (Subclass 887) 
• Business Innovation and Investment (Permanent) visa (Subclass 888)

As with MD 121, top priority is given under MD 122 to applicants with occupations in the same sectors listed above, followed by those who are physically present in Australia when the application is lodged: 

1. Applications in the specified priority sectors 
2. Other primary applicants who are in Australia when the application is lodged 
3. Other primary applicants outside of Australia when the application is lodged 
4. Remaining applications 

Generally speaking, dependent family members whose applications are lodged simultaneously with the primary applicant will receive the same level of priority. 

The most notable development with regards to the new processing order is the priority given to onshore versus offshore applicants. Those applying from within Australia now have clear priority over comparable applicants lodging their applications from abroad. 

Finally, it is important to note that these Directions do not impact visa eligibility requirements or guarantee that applications will be processed within a particular timeframe; MD 121 and 122 only determine the order in which impacted applications are considered by the Department of Home Affairs. 

Employer Takeaway: For employers, occupation selection, stream selection, and the applicant’s physical location at the time of filing, are likely to become increasingly important strategic considerations in global mobility and sponsorship program planning. Employers operating in priority sectors are expected to benefit most directly from MD 121 and 122, while others may see advantages in cases where applicants are applying from within Australia. 

Employers should carefully assess the following to determine whether an application will be eligible for priority processing under the new Directions: 

• Whether the nominated occupation falls within a priority category 
• Whether the role satisfies any sector-specific requirements outlined by the Directions 
• Whether the applicant will be onshore or offshore when the application is lodged 
• Whether the Specialist Skills stream is available (Subclass 482 applications only) 
• Whether sufficient supporting evidence is available to demonstrate the connection between the nominated role and any claimed priority sector* 

*The Department of Home Affairs is likely to place increasing importance on clearly documented nomination materials and evidence supporting the business need for the position. 

“No Further Stay” Condition Attached to Visitor Visas 

In other news, some Visitor visas will now be issued with Condition 8503 “No Further Stay” attached to them. This condition will be attached to all subclass 600 visas issued under the Approved Destination and Sponsored Family streams, to prevent these visa holders from traveling to Australia on a Visitor visa and applying onshore for a Partner visa. 

The “No Further Stay” condition may also be attached to subclass 600 visas issued under the Tourist and Business streams at the Department of Home Affairs’ discretion.  

Note: This measure only impacts subclass 600 visas; the subclass 601 Electronic Travel Authority visa and subclass 651 eVisitor visa remained unaffected.

UK – Formal Announcement Regarding New Settlement Policy Expected Before Year-End; Updated Right to Work Guidance Issued

Formal Announcement Regarding New Settlement Policy Expected Before Year-End 

A formal announcement regarding the UK Government’s proposed earned settlement policy is expected before the end of the year. On September 15, 2026, Home Secretary Shabana Mahmood appeared before the Home Affairs Committee and addressed key considerations of the proposed policy.  

Whereas settlement is currently granted on the basis of having resided in the UK for a period of five years, Mahmood signaled that the new earned settlement model would assess eligibility for Indefinite Leave to Remain (ILR) based on the individual’s contributions and level of integration into society, marking a fundamental shift in the criteria used to determine settlement eligibility. 

Further updates on this topic will be forthcoming. 

Updated Right to Work Guidance Issued 

In the latest installment of the ongoing debate over right to work checks in the UK we have previously reported on, the UK Home Office has published further updated Right to Work (RTW) guidance. The changes apply to relevant contractual arrangements entered into on or after October 1, 2026, and introduce new rules covering workers, individual subcontractors, online matching services and certain substitution arrangements. Note that the guidance expands the regime beyond traditional employment relationships but does not go as far as the guidance initially published in April 2026. 

The key changes are outlined below, including the expanded definition of “employer,” the arrangements that fall within scope, and the steps businesses can take to establish a statutory excuse against extended liability.  

Who is considered an “employer”? 

For RTW purposes, the definition of “employer” now extends beyond traditional employees to include persons who engage individuals under a worker’s contract or as an individual subcontractor, as well as certain online matching services that connect individual service providers with clients or customers. The rules apply based on the substance of the arrangement rather than the contractual label used by the parties. 

What arrangements are in scope? 

The new rules may apply where: 

• An individual is engaged under a worker’s contract; 
• An individual subcontractor is engaged to provide work or services; 
• An online matching service provides details of an individual service provider to potential clients or customers; or 
• A contractual arrangement permits an individual to substitute another person to perform the work. 

The extended liability provisions can also reach up a contractual chain, meaning an employer may face liability for illegal working even where it does not have a direct contractual relationship with the individual. 

Important: The regime generally does not apply to genuinely self-employed individuals operating independent businesses and contracting directly with their own clients or customers, or to a client or end-user purchasing work or services for its own internal operations. 

How can businesses protect themselves? 

The employer with the direct contractual relationship remains responsible for carrying out the prescribed RTW check. Where extended liability applies, however, other parties may need to meet additional prescribed requirements before work begins to establish a statutory excuse against a civil penalty. 

These requirements vary depending on the arrangement and include appropriate contractual terms and controls over further subcontracting, RTW checks for substitutes where substitution is permitted, and identity verification measures. Businesses must also ensure that these arrangements operate effectively in practice, rather than relying solely on contractual provisions. 

Civil penalties of up to £60,000 per illegal worker may apply where liability is established. 

Employer Takeaway: Businesses should proactively review their workforce and contractual arrangements to identify potential exposure under the expanded RTW regime. In particular, they should: 

• Map relevant workers, subcontractors, service providers and contractual supply chains; 
• Determine who is responsible for carrying out RTW checks; 
• Review contracts for further subcontracting and substitution provisions; 
• Implement appropriate identity-verification and substitution controls; and 
• Update contractual terms and compliance procedures to meet the prescribed requirements and establish a statutory excuse against extended liability where applicable.

Japan – Significant Government Fee Increases for Change of Status, Extension, and Permanent Residence Applications

Effective October 1, 2026, Japan’s Immigration Services Agency (ISA) has significantly increased the fees associated with change of status, extension, and permanent residence applications. 

While the fee for permanent residence applications has increased across the board from JPY 10,000 to JPY 200,000, the fees for change and extension of temporary immigration status applications now vary depending on the length of stay granted. These fees also vary based on whether the application is filed in-person at an Immigration Office or online. (For reference, the current fees for a change of status or extension are JPY 5,550 for online applications or JPY 6,000 for filings made at the Immigration Office.)

In cases where the length of stay requested by the applicant and that granted by the ISA differ (e.g. the applicant requests a 5-year stay and is only granted 3 years), the fee will correspond to the length of stay that is actually granted. 

Employer Takeaway: Employers supporting foreign national employees should review their immigration budgets, particularly if they support employees seeking permanent residence. 

Saudi Arabia – Work Visa Quotas for Newly Established Businesses

The Kingdom of Saudi Arabia has set forth new work visa limits for newly established businesses. The specific quota depends on how long the business has been operating and whether it participates in the national Establishing Programme. Businesses enrolled in this program will initially be allocated two work visas and may gradually increase their quota as they progress and improve their Nitaqat (Saudization) classification. Businesses that have been operating for less than two years may obtain up to five work visas, whereas those who have been in business for more than two years may be entitled to as many as 50 work visas.

New Zealand – Visitor and Transit Visa Applications to be Submitted Online

Select New Zealand Visitor and Transit Visa applications must now be filed using the Immigration Online platform. Effective October 1, 2026, paper applications will no longer be accepted for the affected visa categories, which include visitor, business visitor, group visitor, academic visitor, and transit visas. Further information is available on the official Immigration New Zealand (INZ) website here. 

Thailand – Automated Immigration Arrival e-Gates Available at Bangkok International Airport

Thailand has introduced automated immigration arrival e-gates at the Bangkok International Airport. Eligible travelers may now enter the country using an e-gate, which issues a Visitor Permit Stamp Slip in place of a traditional passport entry stamp. Those who opt for e-gate entry should retain the Visitor Permit Stamp Slip for the duration of their stay in Thailand and make a copy of it for their records.  

Important: For the time being, travelers who intend to extend their visa or change status in Thailand are encouraged to approach the immigration counter and obtain a physical entry stamp in their passport rather than using an e-gate to avoid potential delays or complications during the application process while authorities gain operational experience with this new arrival system.