Meta Description: New legislation from September 26th, 2025, grants Australian state governments direct access to applicant movement records. Learn how this impacts state nomination eligibility, compliance, and your visa strategy.
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 26th, 2025, Australian state and territory governments have been granted the legal authority to directly access applicants’ movement records. This means states can now independently verify your travel history, including time spent in and out of Australia, which is crucial for assessing state nomination eligibility, particularly for offshore requirements and compliance. Applicants will no longer need to manually provide this evidence, but the increased scrutiny makes accuracy and honesty in applications more critical than ever.

This significant change, announced via a new Legislative Instrument (LI), represents a major shift in how state nomination applications will be processed. It aims to streamline verification but also empowers states to conduct more rigorous checks on an applicant’s physical presence. This guide breaks down the implications, which states are likely to use this power, and how you can ensure your application remains compliant.

Analysis: The New Legislative Instrument Explained

The Department of Home Affairs has enacted a new law that formally authorises state and territory governments to request and access an individual’s movement records directly from federal systems. Previously, movement records—which detail every entry into and exit from Australia—were considered federal data. States could ask applicants to provide them manually, but they had no direct access. This change, effective September 26th, 2025, streamlines the process but also centralises the power of verification with the states.

As highlighted by Kirk Yan, a licensed migration agent and director of Newstars Education in Melbourne, this development primarily targets the state nomination (subclass 190 and 491 visa) program. The core intention is to give states a definitive tool to verify claims made by applicants regarding their residence and travel history.

Key aspects of this change include:

• Direct Access: States can now “request” records directly from the Department of Home Affairs, eliminating the need for applicants to submit manual copies.
• Federal-State Power Shift: While Australia is a federation where states have significant autonomy, border control and movement data have always been federal matters. This legislation is a deliberate devolution of this specific power to the state level.
• Immediate Effect: The law is not a future proposal; it is active as of September 26th, 2025, meaning states can utilise this power for applications submitted from this date forward.

Which Visa Applications Will Be Most Affected?

This legislative change will have the most immediate and profound impact on visas that require state or territory government nomination. The states’ primary motivation for seeking this power is to make more informed and accurate decisions on who they nominate for skilled visas.

The visas most affected are:

• Skilled Nominated visa (subclass 190): A permanent visa for skilled workers nominated by a state or territory government.
• Skilled Work Regional (Provisional) visa (subclass 491): A provisional visa for skilled workers nominated by a state or territory government to live and work in regional Australia.

For these visas, states often have specific criteria related to an applicant’s connection to the state, which can include a history of residence or a commitment to live there. The ability to check movement records directly allows states to verify these claims with precision. If you are preparing an Expression of Interest (EOI), accurately reflecting your residence history is now more critical than ever. Tools like the NovenAI EOI Points Calculator can help ensure your claimed points for skilled employment and Australian study are correctly calculated and justifiable, creating a consistent and truthful application profile.

Real-World Scenarios: How States Might Use This Power

Understanding how this power might be applied is key to preparing your application. Kirk Yan provides clear examples, noting that some states, like the Northern Territory with its MINT project, already required this information manually. Now, all states can do this automatically.

Scenario 1: Verifying Offshore Residence Requirements
Some states, like New South Wales, have at times required applicants for certain subclass 190 streams to be residing offshore for a specific period (e.g., six months) at the time of invitation. Previously, an applicant might have had to provide flight tickets, bank statements, or statutory declarations. Now, the NSW government can simply check the movement records to see a definitive timeline of your presence outside Australia. Any discrepancy could lead to a nomination being refused.

Scenario 2: Checking Compliance for Onshore Applicants
For applicants claiming to be living in a particular state, the government can verify that your travel history aligns with your declared residence. For example, if you claim to have been living in Victoria for the past two years but your movement records show you were overseas for eight months during that period, it could raise questions about your genuine connection to the state.

Scenario 3: Post-Invitation Compliance
This power may also be used after an invitation is issued but before a visa is granted. If a state nominates an onshore applicant and then the movement records show they departed Australia shortly after and remained offshore for an extended period, the state might question their commitment and potentially withdraw the nomination.

What Are Movement Records and How Can You Check Yours?

A movement record is the official history of your travel into and out of Australia. It is generated using data from your passport and details the date, flight number (if applicable), and port of entry/exit for each movement. This record is crucial not just for state nomination but also for applications like citizenship, which require calculating your physical presence in Australia.

While states will now access this information directly, it is wise for you to be aware of your own record. You can request your own international movement records from the Department of Home Affairs via their website. This process involves:

1. Logging into your ImmiAccount.
2. Navigating to the “Request international movement records” service.
3. Following the prompts to verify your identity and submit the request.

Having a copy of your own record allows you to pre-empt any issues and ensure the information you provide in your application is accurate. For a detailed, step-by-step guide on this process, you can refer to resources from registered agents like Kirk Yan.

Broader Context: Australia’s Evolving Migration Strategy

This change does not occur in a vacuum. It is part of a broader trend towards greater scrutiny and integrity within Australia’s migration system. The Australian government has recently reaffirmed its commitment to a planned migration level of 185,000 places for 2025-26, focusing on skills that address economic needs. This new state power aligns with a strategic goal to ensure that migration programs, particularly state nomination, are used as intended—to benefit specific states and territories by nominating individuals with a genuine connection or commitment.

Other recent policy discussions, such as proposals to cap international student numbers and increase English language requirements, further signal a move towards a more managed and targeted migration system. This legislative update empowers states to be more active and precise gatekeepers within this system. Staying ahead of these changes is essential. NovenAI’s 24/7 AI migration mentor is designed to provide instant updates and strategic advice based on the latest policy shifts, helping you navigate this evolving landscape confidently.

Actionable Steps for Prospective Applicants

In light of this new reality, here’s what you need to do:

1. Audit Your Travel History: Before applying for state nomination, request your own movement record. Ensure you can account for any extended periods outside Australia.
2. Be Meticulously Accurate: When filling out your EOI and state application forms, your declared residence history must perfectly match the official record. Do not estimate dates.
3. Understand State-Specific Requirements: Closely monitor the nomination criteria published by your target state. If they have offshore or residence requirements, assume they will use their new power to verify them.
4. Maintain Genuine Ties: If you are applying as an onshore candidate, ensure you can demonstrate a genuine commitment to living in your nominated state, as your physical presence is now easily verifiable.
5. Seek Professional Advice: With rules becoming more complex and verification more stringent, consulting a registered migration agent can help you avoid costly errors. For a preliminary assessment, you can use tools like the NovenAI Visa Success Predictor to gauge your eligibility based on current data.

Conclusion: A New Era of Verification for State Nomination

The authorization for state governments to directly access movement records marks a significant step towards a more integrated and data-driven visa assessment process. For honest applicants, this change simplifies evidence collection. However, it also removes any ambiguity about the states’ ability to verify an applicant’s physical presence, making integrity and accuracy the non-negotiable foundations of a successful state nomination application.

As we await the final quota allocations and detailed policy updates from each state for the 2025-26 program year, this new power is a clear signal that states are being equipped with the tools to select candidates who best meet their specific economic and demographic needs.

Stay informed and strategically prepared. Explore your options and get real-time guidance at NovenAI.