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

Meta Description: As of September 26, 2025, Australian state governments can directly access applicant movement records. This guide explains the new legislation, its impact on state nomination visas, and actionable steps for applicants.

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 been granted direct authority to access visa applicants’ movement records, detailing their entry and exit history from Australia. This significant legislative change means applicants for state-nominated visas (like Subclass 190 and 491) will no longer need to manually provide this evidence; states can now verify compliance with residency requirements—such as being offshore for a specific period—directly. This update aims to streamline verification but underscores the critical need for absolute accuracy in your application declarations.

A new legislative instrument (LI) enacted by the Department of Home Affairs has formally delegated the power to state governments to request and review an applicant’s movement records. This shift, as noted by Kirk Yan, a licensed migration agent at Newstars Education in Melbourne, primarily targets state nomination applications, where verifying an applicant’s physical presence has always been a key integrity check. For prospective migrants, this means your travel history is now more transparent than ever to the assessing authorities.

Analysis: The New Legislative Change Explained

The core change is the formal delegation of authority from the federal government to state governments to directly access visa applicants’ movement records. This legislative update, effective September 26, 2025, removes the previous barrier where states had to rely on applicants to self-report their travel history. Movement records are official data from the Department of Home Affairs that log every time a non-citizen enters or leaves Australia.

This development is a major step in data-sharing within the Australian federation. While states have significant autonomy, border control and movement data have always been strictly federal matters. This delegation of power signifies a move towards more integrated and efficient visa processing at the state level. As migration agent Kirk Yan points out, this is particularly relevant for state nomination programs, where a candidate’s physical location—onshore or offshore—can be a critical eligibility requirement.

• Key Fact: The change is enacted via a Legislative Instrument (LI) from the Minister for Immigration.
• Key Fact: States can now “request” movement records directly from the Department of Home Affairs.
• Key Fact: This applies to all Australian states and territories (e.g., NSW, VIC, QLD, WA, SA, TAS, ACT, NT).

Why This Change Matters for State Nomination Applicants

This change matters because it allows states to instantly verify your compliance with their specific nomination criteria. For many applicants, the most immediate impact will be on meeting residency conditions attached to an invitation. States can now independently confirm the information you’ve declared, making misrepresentation—even if unintentional—much riskier.

A prime example is the New South Wales (NSW) Skilled Work Regional (subclass 491) visa, which has, at times, required applicants to be living and working offshore for a minimum period (e.g., six months) at the time of application. Previously, you would have had to gather flight itineraries, passport stamps, and other evidence to prove this. Now, NSW Treasury can directly check your movement record to see if you have indeed been outside Australia for the required duration. Similarly, this power can be used to check if an applicant who received an invitation while onshore has subsequently spent a long period overseas, which might raise questions about their commitment to residing in that state.

• Key Fact: States like the Northern Territory already required movement records for programs like the MINT investment migration scheme; this legislation standardizes and expands this capability to all states.
• Key Fact: It enhances the integrity of the state nomination system by providing states with an independent verification tool.
• Key Fact: It streamlines the application process by reducing the documentary burden on honest applicants.

Which Visa Subclasses and Applicants Are Most Affected?

The applicants most affected are those applying for or holding state-nominated visas, primarily the Subclass 190 (Skilled Nominated) and Subclass 491 (Skilled Work Regional) visas. These visas require nomination by an Australian state or territory government, which involves meeting specific state-based criteria often tied to residency.

This change also has implications for other visa pathways where state sponsorship is a factor or where residency history is scrutinized. If you are applying for a state-nominated Business Innovation and Investment Program (BIIP) visa or are in a pipeline for permanent residency after holding a provisional regional visa, your movement records may be reviewed to ensure you have met the conditions of your stay.

• Primary Visas Affected: Subclass 190, Subclass 491.
• Secondary Visas Affected: Certain Business Innovation and Investment Program (BIIP) streams, subsequent Permanent Residence (Subclass 191) applications.
• Key Consideration: Even if not applying for a visa, your movement record may be accessed if you are a dependant on a primary applicant’s state-nominated application.

Actionable Steps: How to Prepare and What to Do Now

The most important step is to ensure all information in your visa applications is accurate and consistent with your actual travel history. With states having direct access, discrepancies between your declared history and the official record could lead to refusal on character grounds related to providing false or misleading information.

You should also proactively understand your own movement record. While the process for individuals to request their own movement record has existed for purposes like citizenship applications, being aware of your official entry and exit dates is now more critical than ever. This allows you to correct any potential errors in the official database before a state government reviews it. For example, if you notice a missing exit record, you can gather supporting documents (like boarding passes) and contact the Department of Home Affairs to have it amended.

• Step 1: Review your passport and personal records to create a timeline of your travel to and from Australia.
• Step 2: Officially request your own movement record from the Department of Home Affairs to verify its accuracy.
• Step 3: Use tools like the NovenAI Visa Success Predictor to assess your overall profile strength, factoring in the increased scrutiny on residency history.
• Step 4: If you identify any discrepancies, act promptly to correct them with the Department.

The Bigger Picture: Federal-State Coordination on Migration

This legislative change is part of a broader trend of refining Australia’s migration system, emphasizing integrity and efficient administration. The federal government’s recent Migration Strategy has focused on creating a system that is “simpler, smarter, and faster.” Empowering states with direct data access aligns with this goal by reducing administrative duplication and enhancing decision-making capabilities at the point of nomination.

This shift also occurs against a backdrop of the federal government projecting a sharp decline in net migration. The 2024-25 Federal Budget forecasted a drop from 528,000 to 260,000 by 2024-25. In this context, ensuring that every visa grant is meticulously vetted and aligns with state-specific economic and demographic needs becomes even more paramount. States are being given better tools to select the right candidates for their regions.

How NovenAI Helps You Navigate These Changes

In a landscape where rules can change overnight, having a smart, updated resource is invaluable. NovenAI’s platform is built on a continuously refreshed knowledge base of Australian migration law and policy, ensuring you receive advice that reflects the latest changes, like this new movement record access rule.

Beyond just information, NovenAI offers practical tools to strengthen your application. For instance, after reviewing your movement record, you can use the NovenAI EOI Points Calculator to ensure your points claim is accurate and robust. The AI mentor can also guide you on how to address potential red flags in your travel history proactively, turning a point of scrutiny into a demonstration of your thoroughness and compliance.

Conclusion: Transparency is the New Standard

The delegation of movement record access to state governments marks a new era of transparency in the Australian state nomination process. For the well-prepared applicant, this change simply means a more streamlined pathway. For those whose applications contain inconsistencies, the risks have significantly increased. The key takeaway is to be meticulous, truthful, and proactive in managing your immigration records.

Staying informed is your greatest advantage. As we await the finalization of this financial year’s state nomination quotas and occupation lists, use this time to ensure your profile is as strong and accurate as it can be.

Ready to ensure your application is bulletproof under this new scrutiny? Let NovenAI guide your next steps.