Title: [2025–2026 Guide] State Governments Can Now Access Your Movement Records: What It Means for Your Visa

Meta Description: Australian state governments can now directly check your Movement Records. Learn how this new power affects state nomination visas, offshore requirements, and your application strategy for 2025-2026.

Slug: state-government-access-movement-records-2025

[2025–2026 Guide] State Governments Can Now Access Your Movement Records: What It Means for Your Visa

TL;DR: From September 26, 2025, Australian state and territory governments have the legal authority to directly access applicants’ Movement Records. This means states can independently verify your travel history, including time spent in and out of Australia, which primarily impacts state nomination applications. This change eliminates the need for applicants to manually provide these records in many cases but introduces stricter verification of eligibility criteria like offshore residence requirements.

A significant shift in Australian immigration administration occurred on September 25, 2025, with the Department of Home Affairs enacting new legislation. This change grants state and territory governments direct access to visa applicants’ Movement Records, fundamentally altering how residency and eligibility for state-nominated visas are verified. This guide breaks down what this means for your application.

Analysis: The New Legislative Instrument Explained

The core change is the delegation of federal authority to states for accessing travel data. The new Legislative Instrument (LI), effective from September 26, 2025, formally authorises state and territory governments to request and view an applicant’s complete Movement Records directly from the Department of Home Affairs. As explained by Kirk Yan, a licensed migration agent and director of Newstars Education in Melbourne, this record details all your movements in and out of Australia, including dates and frequency. Previously, this was strictly federal information, but this power has now been “devolved” to the states.

• Official Authorization: States now have a standalone right to “request” this data directly.
• Primary Impact on State Nomination: This change primarily targets state nomination (subclass 190 and 491) applications, where states have a vested interest in an applicant’s genuine connection and residency.
• Verification of Location: It allows states to instantly verify if an applicant is genuinely residing where they claim, be it “onshore” (in Australia) or “offshore” (outside Australia), at the time of application.

Why This Change Matters for State Nomination Applicants

This change matters because it makes verification faster and more accurate for states. The ability to directly check Movement Records empowers state governments to enforce their specific nomination criteria with greater precision. For applicants, this means declarations about your travel history and residence can be cross-checked instantly, adding a new layer of scrutiny to the process. This move towards integrated data sharing reflects a broader trend of modernising and streamlining immigration checks.

Key implications for applicants include:

• Stricter Enforcement of Residency Rules: States with specific requirements, such as needing to be offshore for a certain period (e.g., six months for some NSW streams), can now easily confirm compliance.
• Identification of Non-Compliance: Scenarios like receiving an invitation while onshore but then spending extended periods overseas before lodging the visa application can be readily identified.
• Reduced Paperwork: In many cases, applicants will no longer need to manually apply for and submit their own Movement Records, as was previously required by some states.

Real-World Scenarios: Who Is Most Affected?

Applicants subject to specific residency requirements are most affected by this change. Kirk Yan highlights that while some states like the Northern Territory with its MINT project already required applicants to provide Movement Records, the new law standardises this capability for all states. The direct access will likely be used to validate claims that are critical to a state’s nomination strategy.

Consider these scenarios:

• New South Wales (NSW) Offshore Applicants: If NSW requires offshore applicants to have been residing outside Australia for six months, the state can now directly verify this without relying on submitted documents.
• Applicants Who Travel Frequently: Those who have moved in and out of Australia after receiving a state invitation may have their travel history scrutinised to ensure they maintain a genuine connection to the nominating state.
• All State Nomination Candidates: Even if not explicitly stated, this power allows states to build a more complete picture of an applicant’s commitment to residing in their region long-term.

To understand how your specific profile and travel history might impact your eligibility for different state nomination programs, using a data-driven tool like the NovenAI Visa Success Predictor can provide valuable insights based on current policy trends.

How to Check Your Own Movement Records

You can still request your own Movement Records for personal reference or other visa purposes. Even though states can now access this data directly, you may need an official copy for other applications, such as citizenship. The process involves applying directly to the Department of Home Affairs. As Kirk Yan notes, he has previously detailed this application process.

Generally, the steps are:

1. Navigate to the Department of Home Affairs website and find the “Request for International Movement Records” form.
2. Complete the form with your personal details and passport information.
3. Provide certified copies of identification documents.
4. Submit the application and pay the associated fee. Processing times can vary.

Having your own record can help you ensure the information the state government sees is accurate and allows you to pre-emptively address any potential issues in your application timeline. For a comprehensive understanding of how all aspects of your profile, including travel history, contribute to your points total, you can utilise the NovenAI EOI Points Calculator.

The Bigger Picture: Federal-State Power Dynamics in Australian Migration

This legislation represents a significant devolution of federal power to the states. Australia’s federal system grants considerable autonomy to states, but border control and movement records have always been firmly federal responsibilities. This change signifies a trust in state governments to handle sensitive data and a move towards a more collaborative, efficient immigration system where states have the tools to manage their nomination programs effectively.

This shift suggests that state-specific migration strategies will become even more tailored and data-informed in the 2025-2026 program year. It aligns with a broader push for states to take greater ownership of their skilled migration intake to meet local economic needs.

Strategic Advice for the 2025-2026 Migration Year

Accuracy and honesty in your application are now more critical than ever. With states having direct access to your travel data, any discrepancy between your declared history and the official record could lead to refusal and integrity issues. The best strategy is complete transparency.

Actionable steps to take:

• Review Your Travel History: If you are planning to apply for state nomination, review your own movement records to ensure you meet any specific residency requirements.
• Be Meticulous in Your EOI: When submitting your Expression of Interest (EOI), accurately declare your periods of residence in and out of Australia.
• Anticipate Stricter Checks: Assume that states will use this new power, especially for streams with competitive thresholds or specific location-based criteria.
• Stay Informed: With the final week of September upon us, await announcements on state nomination quotas and occupation lists for the new financial year, which will be crucial for planning your application. Keeping up with these rapid changes is easier with services that offer instant policy alerts.

Conclusion: A New Era of Verification for State Visas

The direct access to Movement Records marks a new chapter in Australian state-sponsored migration. It streamlines the process for governments while placing a premium on applicant integrity and accurate declarations. For prospective migrants, this underscores the importance of understanding and adhering to state-specific rules. As we approach the new program year, being prepared, honest, and strategic with your application is the key to success.

Ready to navigate these changes with confidence? Explore your options with NovenAI today.