Understanding the Migration Amendment (2026 Measures No. 1) Act 2026: Travel Exemptions for Families
The Australian Government has introduced major legislative changes that may affect your ability to reunite with family. The Migration Amendment (2026 Measures No. 1) Act 2026 introduces Arrival Control Determinations, impacting offshore temporary visa holders. In this guide, we explain how the system works, who is exempt, and what steps you can take to travel to Australia.
Key Takeaways
- Arrival Control Determinations allow temporary travel pauses without cancelling visas
- Immediate family members of citizens and permanent residents are exempt
- Non-exempt applicants can apply for a Permitted Travel Certificate
- Strong supporting evidence is critical for approval
- Processing delays are expected during crisis periods
What Are Arrival Control Determinations in Australia?
Arrival Control Determinations are a new legal mechanism introduced under the Migration Amendment (2026 Measures No. 1) Act 2026. They allow the Minister for Home Affairs to temporarily restrict travel into Australia for certain offshore temporary visa holders during emergencies such as pandemics or international crises.
Importantly, this measure:
- Does not cancel visas
- Only pauses travel rights temporarily
- Can be lifted once the emergency subsides
This distinction is critical. Visa holders retain their legal status but may not be able to enter Australia during the determination period.
For legislative details, refer to the Department of Home Affairs:
https://immi.homeaffairs.gov.au (last updated regularly)
Who Is Exempt from Travel Restrictions?
The legislation includes strict automatic exemptions to protect family unity and humanitarian considerations.
Immediate Family of Australians
You are exempt if you are:
- A spouse or de facto partner
- A dependent child
Of:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen usually residing in Australia
Parents of Children in Australia
You are exempt if:
- You are the parent of a child under 18
- The child is currently in Australia
Exempt Visa Holders
The following groups are automatically exempt:
- Australian citizens
- Permanent residents
- Humanitarian visa holders
If your situation fits one of these categories, your right to travel remains protected—even during an active determination.
Permitted Travel Certificates Explained
If you are not automatically exempt, you may still be able to travel by applying for a Permitted Travel Certificate (PTC).
This is a discretionary approval granted by the Minister in compelling circumstances.
When Can You Apply?
You may be eligible if you can demonstrate:
- Urgent or life-saving medical treatment
- Severe hardship due to family separation
- Attendance at a funeral or visiting a critically ill relative
These cases are assessed individually, and approval is not guaranteed.
How to Strengthen Your Application
A successful Permitted Travel Certificate application depends heavily on evidence quality.
Essential Documents
Prepare:
- Medical reports (if applicable)
- Statutory declarations
- Proof of relationship (e.g., marriage certificates, shared finances)
- Evidence of hardship or urgency
Key Tip: Be Decision-Ready
Applications should be:
- Complete
- Clearly structured
- Supported by strong legal arguments
Incomplete submissions are likely to face delays or refusal.
Processing Times and Delays
During an active Arrival Control Determination, the Department of Home Affairs is expected to experience:
- High volumes of applications
- Longer processing times
- Stricter assessment criteria
What This Means for You
- Expect delays
- Submit early where possible
- Ensure your application is fully prepared at lodgement
Applications that require follow-up information may be significantly delayed or refused.
Practical Strategies for Families
If you are separated from loved ones overseas, consider:
1. Check Exemption Eligibility First
Many applicants mistakenly apply for certificates when they are already exempt.
2. Act Quickly
In crisis situations, timing is critical.
3. Seek Legal Guidance
Complex cases benefit from professional support to maximise approval chances.
How One Planet Migration Can Help
At One Planet Migration, we specialise in navigating complex legislative changes with clarity and precision.
We can help you:
- Confirm exemption eligibility
- Prepare strong Permitted Travel Certificate applications
- Develop a legal strategy tailored to your situation
Our mission is simple: connecting humanity, one visa at a time.
FAQs
What is an Arrival Control Determination?
It is a temporary government measure that restricts travel into Australia for certain visa holders during emergencies, without cancelling their visas.
Does this affect all temporary visa holders?
No. Some individuals, particularly immediate family of Australians, are automatically exempt.
What is a Permitted Travel Certificate?
It is a discretionary approval allowing non-exempt visa holders to travel to Australia in compelling or compassionate circumstances.
How long do travel restrictions last?
They remain in place only for the duration of the declared emergency and can be lifted by the Minister.
Can I appeal a refused certificate?
There may be limited review options. Legal advice is strongly recommended.
Disclaimer: Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for
