In October 2026, Fragomen highlighted approaching changes to Australia’s character-based visa decisions. The firm reports an effective date of 31 October. For global mobility teams, the immediate task is a targeted review with immigration counsel of affected assignments and any resulting benefits-continuity arrangements, rather than an assumption that all sponsored employees face a new eligibility rule.
The alert and the underlying reform have different dates
The alert is not the first public disclosure of the reform. ALC Lawyers published analysis on 26 September identifying Ministerial Direction 123 and reporting that it had been signed on 18 September. A government speech on 2 October confirmed that Direction 123 was due to replace Direction 110 in late October. The October publication date should therefore be distinguished from the earlier announcement and planned commencement.
The official speech describes a stronger response to serious misconduct, including family violence and hate-motivated behaviour, with attention to victims and children. Fragomen reports greater weight for community protection and reduced weight for personal or business ties. The full direction was not independently retrieved for this article. Its precise weighting, transitional provisions and application to a particular case should be confirmed by qualified counsel against the authoritative text.
Review cases through counsel rather than broad screening
A mobility team should begin by asking its legal adviser whether any pending application, cancellation matter or review requires attention before the reported commencement date. The question is which cases engage character considerations, not whether every employee needs a new check. Avoid expanding the collection of sensitive personal information simply because a legal alert has appeared. Counsel should define what information is necessary for the relevant process.
Where a case is affected, the employer needs to understand the decision timetable and the employee support required. Establish who receives official correspondence and how a time-sensitive request reaches the adviser. A line manager should not interpret immigration documents or promise an outcome. Internal escalation should allow the organisation to plan without distributing allegations or personal records to people who do not need them.
The legal review should also distinguish a pending concern from an actual refusal or cancellation. Operational responses should follow verified status and advice, with appropriate consideration of employment obligations. An alert about discretionary factors does not establish that a particular person has lost the right to work. Decisions on staffing, travel and communication need an identified evidential basis.
Map the consequences for benefits and family support
If an assignment is interrupted, immigration status, employment status and insurance eligibility may follow different rules. Benefits teams should ask the relevant administrators how cover would be affected under the actual plan terms. Questions may concern the employee, dependants or treatment already under way. The answers need to come from the applicable documents and authorised providers, rather than a general assumption that departure or payroll suspension ends every benefit immediately.
A proportionate contingency plan can identify contacts for urgent healthcare administration, employee assistance and relocation support where those services are available. It should distinguish benefits already provided by the employer from additional assistance being considered. Any commitment should have an authorised owner and a documented basis. Planning can reduce uncertainty without predicting the immigration decision or creating promises the organisation cannot honour.
Multinational employers should retain a record of the advice received, the date on which status was checked and the resulting operational decisions. Restrict access to sensitive material and record responsibilities separately from unnecessary case detail. This gives HR, mobility and benefits teams a consistent account of what they must do while allowing legal advisers to manage the underlying case.
Confirm the rule before changing an assignment
This editor recommends a focused counsel-led review ahead of 31 October, followed by individual continuity planning only where warranted. The available sources support preparation for a change in character-related decision making. They do not justify a blanket conclusion about all Australian assignments. Confirming the applicable direction and the employee’s actual position is the necessary basis for a fair operational response.
Sources
Fragomen alert published: 21 October 2026. Reported effective date: 31 October 2026. Australia prepares stricter character considerations in visa decisions [1]
ALC Lawyers | Analysis published and reviewed 26 September 2026; details attributed to secondary material where stated. Ministerial Direction 123 character test changes [2]
Australian Government ministerial website | Speech dated 2 October 2026; confirms Direction 123 replacing Direction 110 in late October, not the full instrument. Migration Institute of Australia keynote speech [3]
Share this:
- More [5]
