October 2026 Outbound Immigration and Global Mobility Recap | APAC

Also Authored by Melvin Ng and Riduan Fattah

Clark Hill’s Outbound Immigration & Global Mobility practice guides corporate clients and individuals through complex global immigration challenges worldwide. We pride ourselves on creative, compliant, and people-centered solutions – looking at global mobility from a holistic perspective in an ever-changing immigration environment. Our team assists with short-term assignments, long-term relocations, consular processing, document procurement, document legalizations/apostilles, and business visas in 100+ countries worldwide.

Below is an overview of the major updates from October 2026 in the Asia-Pacific region.

APAC:

Australia:

Changes to Training (subclass 407) Visa Application Criteria

Under the new provisions, which come into effect on November 12, 2026, an application for a Training (subclass 407) visa cannot be made while the applicant is in Australia. Additionally, a 407 visa cannot be granted while the applicant is in Australia. Some cohorts may be exempted from the new provisions by legislative instrument, but these are yet to be identified.

The impact of these amendments is that prospective applicants living and working in Australia will be required to depart Australia and lodge their 407-visa application whilst overseas or consider other potential visa options.

These amendments build upon changes introduced on March 11, 2026, to prevent prospective applicants from lodging their 407 visas until the associated Temporary Activities Sponsorship and 407 nomination applications had been approved first.

Previously, an application for a 407 visa could be made if the associated sponsorship and nomination applications had been lodged but were still being processed by the Department of Home Affairs.

Changes to the 407 visa also support the Government’s objective of reducing Net Overseas Migration to targeted levels and preventing misuse of the 407 visa to prolong an individual’s stay in Australia.

India:

New Salary Threshold for Employment Visa Eligibility

With immediate effect, the minimum annual salary threshold for Employment Visa eligibility has increased from INR 1,625,000 to INR 2,400,000. The revision applies to new Employment Visa applications and renewals filed in India. Employers should therefore review compensation for upcoming Employment Visa applications and renewals to ensure they meet the new criteria.

It is expected that the Ministry of Home Affairs will publish an official notification soon, including further eligibility information.

Japan:

Stricter Requirements for Permanent Residence Applicants

The Japanese government has approved a proposal for stricter requirements for permanent residence (PR) applicants, as part of broader efforts to strengthen the integrity of the immigration system. The changes will apply to PR applications submitted on or after April 1, 2027.

Under the proposed requirements, applicants are expected to demonstrate an annual income above the average for a Japanese household and projected pension benefits equivalent to 30 years of enrollment in the employees’ pension scheme. Applicants whose projected pension benefits fall short may satisfy the requirement by demonstrating sufficient savings or other assets.

The revised guidelines also place greater emphasis on an applicant’s Japanese language ability and understanding of Japanese laws and social rules when assessing whether granting permanent residence is in Japan’s best interests.

Malaysia:

Additional Requirements for Employers Applying for Work Passes

The Sabah State Government has introduced several additional requirements for employers applying for Work Passes (WP) in the region.

• Sabah Work Pass Online System (SWPOS): The Sabah State Government has introduced a new online platform developed in collaboration with Petroliam Nasional Berhad (PETRONAS) to facilitate the submission and processing of Sabah WP applications. The platform supports the online submission and approval of WP applications for all non-Sabahans (i.e. expatriates and non-Sabahan Malaysians) working in the oil, gas, and energy sector in Sabah. The platform is expected to support the processing of applications within 14 working days.
• Integrated Non-Resident Employment Management System (eNORES) Registration Confirmation Letter: Effective September 1, 2026, employers must provide the eNORES Registration Confirmation Letter to the Malaysian Immigration Department (MID) in Sabah for new and renewal WP applications and during the WP endorsement process. This letter can be obtained within two to three working days once the WP applicant’s details have been registered on the eNORES online portal.
• Revised salary requirement: Sabah authorities confirmed during the most recent Sabah Oil & Gas Industry Talent Alignment Forum (SOGITAF) event that the revised expatriate salary framework that is already applicable in Peninsular Malaysia for Employment Pass (EP) applications, is also applicable to Sabah expatriate WP applications lodged on or after June 1, 2026. The revised salary only applies to expatriates in Sabah (non-Sabahan Malaysians are not impacted) for both new and renewal applications.

New Zealand:

Updated Guidance Regarding Location Requirements for Accredited Employer Work Visa Holders

Immigration New Zealand (INZ) has published updated guidance clarifying the location requirements for workers holding an Accredited Employer Work Visa (AEWV). When submitting a job check application, employers must specify the location or region where the role will be based. If a role regularly requires work across multiple locations, each location must be included in the job check, and employers must provide evidence that the position was advertised in those locations. Where multiple positions are included in the same job check, the location details must be identical for each position.

AEWV holders may travel or temporarily work outside their approved location for up to six weeks (30 working days) within any 12-month period without the employer completing a new job check. Occasional travel does not need to be listed where the employee remains based at the approved location. However, if the employee will work outside the approved location for more than 30 working days in a 12-month period, the employer must complete a new job check, and the employee must obtain an approved Job Change before commencing work at the new location.

When assessing compliance, INZ may review the employees’ work locations during the 12 months preceding the date of the compliance check. Employers should therefore monitor temporary assignments carefully and ensure that all regular or longer-term work locations are accurately reflected in the relevant job check and visa conditions.

India–New Zealand Free Trade Agreement Comes into Force

On October 20, 2026, the India–New Zealand Free Trade Agreement went into force, introducing the following new visa categories to support New Zealand’s economic and workforce needs:

• Effective immediately, two new Temporary Employment Entry (TEE) visa categories allow eligible Indian nationals in highly skilled occupations and a limited number of professions considered iconic to India to work in New Zealand. The categories permit up to 5,000 TEE visa holders in the country at any one time, with most places allocated to occupations on New Zealand’s Green List. Applicants must hold a qualifying job offer from an accredited employer and meet applicable qualification, English language, health, character, and identity requirements.
• From November 16, 2026, Indian graduates who hold New Zealand PhDs will become eligible for post-study work visas of up to four years, increased from three years. Eligible students of all nationalities can currently work up to 25 hours per week while studying; the agreement commits New Zealand to maintaining at least 20 hours of weekly in-study work rights for Indian students if policy settings change.
• New Zealand will also introduce a working holiday scheme for Indian nationals age 18 to 30 within two years of the agreement entering into force. The scheme will offer up to 1,000 places annually and allow stays of up to 12 months.

Expanded List of Permitted Activities for Business and Specialist Service Workers

The New Zealand government has expanded the list of permissible activities for business visitors and specialist services workers entering the country for business purposes and specific, time-bound work.

Effective October 20, 2026, New Zealand has expanded the activities permitted for business visitors and extended Specific Purpose Work Visa eligibility to include Contractual Service Suppliers and Independent Professionals. Employers and foreign nationals should assess whether their proposed activities fall within the expanded settings and ensure they meet all applicable visa requirements.

What changes:

Business Visitor Visa (BVV):

The government has expanded visa rules to cover additional business visitor activities allowed under the BVV, including the following:

• Attending informal training relevant to a business in which the individual is involved. The training must be limited to observation and theoretical instruction and must not lead to a formal qualification.
• Conducting business transactions for a business in New Zealand, provided the individual holds a management or financial services role.
• Attending or participating in a tourism convention as a tour or travel agent, tour guide or tour operator.

Entering under a BVV is a less time-consuming application process than entering under a work visa in New Zealand, so those whose activities qualify for a BVV benefit from fewer administrative burdens for entry. Employers and foreign nationals should assess whether their proposed activities fall within the expanded list and ensure they meet all applicable visa requirements.

Specific Purpose Work Visa eligibility:

The government has expanded visa pathways for specialist services workers under the Specific Purpose Work Visa to include Contractual Service Suppliers and Independent Professionals. Although the previous policy did not explicitly set out Contractual Service Suppliers and Independent Professionals as separate categories for Specific Purpose Work Visa applications, such applications were possible in practice. The new policy formalizes and clarifies the requirements, including detailed criteria relating to qualifications, relevant work experience, New Zealand service contracts, skill level, labor market test evidence, and other required supporting documentation

Vietnam:

Decree 393/2026/ND-CP Goes into Effect

Vietnam’s new Decree 393 marks a further step towards attracting the foreign expertise needed to support the country’s development. It introduces additional pathways for skilled professionals, simplifies certain administrative requirements, and strengthens employer accountability.

Decree 393/2026/ND-CP was issued on October 20, 2026, and is scheduled to take effect on December 5, 2026, replacing Decree 219/2025/ND-CP from that date.

Decree 393 reflects a more targeted approach to attracting foreign talent: broader recognition of expertise, specific support for strategic sectors. and fewer administrative requirements in selected procedures.

From an immigration practitioner’s perspective, the overall direction is largely one of liberalization and talent attraction, balanced by more structured compliance requirements.

Vietnam is increasingly aligning its work-permit policies with its ambitions in semiconductors, artificial intelligence, advanced manufacturing, digital transformation, and strategic technologies.

Greater Recognition of Skills and Professional Experience:

The conventional expert pathway, based on a university qualification and at least two years of relevant experience, remains a central route for foreign professionals. However, Decree 393 adds alternatives that place greater value on specialized skills, innovation potential, and proven professional expertise. These changes reflect a broader talent-attraction strategy, supporting strategic industries, research, education and Vietnam’s development as a knowledge-based economy. For the executive-director category covering someone who directly manages a field of activity, the decree specifies two years of relevant experience. However, eligibility still depends on evidence of genuine managerial authority. An English-language job title alone is not sufficient.

 

Opportunities for Strategic Technology Talent:

 

The decree introduces specific incentives and work-permit exemption pathways for certain strategic-technology professionals and qualifying family members. These provisions do not create a blanket exemption for everyone working in technology; eligibility depends on the relevant category and its requirements.

 

Qualifying family members of strategic-technology professionals who hold an exemption certificate should not assume that their family status alone authorizes them to begin working in Vietnam. Their sponsoring entity must submit a separate application for a work-permit exemption certificate.

This represents a significant departure from the current framework, making Vietnam more attractive to strategic-technology talent by facilitating employment opportunities for qualifying family members.

Intra-Company Transfers Need Closer Attention:

The intra-company transfer framework is defined by managers, executive directors, and experts. Technical workers are no longer included as a separate category within that definition.

This distinction matters when planning international assignments. A technical worker with three years of relevant experience may meet the requirements for the technical-worker category itself but does not make them eligible for a work permit application under intra-company transfer scheme.

To qualify through the new experience-based expert pathway and be eligible for ICT scheme, they would need to meet their higher experience requirement. Employers should therefore review the proposed classification rather than assume that an existing assignment structure will remain suitable.

Changes to Medical Documentation and Extensions:

For work-permit applications, the decree provides for health certificates issued by competent medical institutions in Vietnam or overseas. It no longer includes the express mutual-recognition condition found in the earlier government explanation of Decree 219 for the health check certificate issued overseas.

For ordinary work permit renewal, a new health certificate is not listed in the required dossier. This reduces one administrative step for the relevant extension procedures.

The maximum initial duration of work permits, and exemption certificates generally remains two years. An exception applies to qualifying intra-company transfer exemption certificates within the relevant WTO service sectors, which may be issued for up to three years.

More Precise Recruitment and Job Descriptions:

Employers must continue to pay attention to the Vietnamese recruitment-announcement requirement for applicable work-permit categories. The decree includes an exception for the specified general director or director already named on the business registration document.

Applications also require more precise occupational descriptions, using five-digit occupation codes rather than the three-digit codes used under Decree 219.

For employers, this reinforces the importance of consistency between recruitment information, the proposed role, and the work-permit application.

Employer Responsibility Goes Beyond Obtaining a Permit:

Decree 393 expressly requires foreign employment to meet the employer’s own direct needs and prohibits foreign labor subleasing.

This deserves particular attention where arrangements involve:

• Employer-of-record services, which we previously highlighted with greater detail
• Payroll-only sponsorship
• Foreign employees placed under a client’s management
• Service contracts that, in substance, supply personnel

This does not mean that every outsourced service is prohibited. A service provider delivering its own contracted service is different from a company supplying workers to another business. The actual supervision, employment relationship, and contractual structure must be assessed.

Periodic Foreign-Worker Reporting Returns:

Decree 393 reintroduces an express periodic reporting obligation for employers of foreign workers, following its omission from Decree 219. Under the earlier Decree 152 framework, reports were due before 5 July and 5 January. The new decree sets different deadlines: before 5 June and before 5 December each year.

Employers must also maintain paper or electronic records and report when requested by the competent local authority or when there are changes in their use of foreign workers.

An exception applies where the relevant information can be retrieved from the foreign-worker database. Employers should confirm how this exception operates in practice rather than assume that a previous permit application removes the need to report.

The change combines a return to periodic employer reporting with the possibility of reducing duplicate submissions through connected government databases.

Contact Clark Hill

For additional information, please contact Clark Hill’s APAC team at apac@clarkhill.com.

For further information on any of the updates in this bulletin, reach out to one of the members of our Outbound Immigration & Global Mobility team.

To view October’s updates for the EMEA and Americas regions, click the respective region.

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