The Migration (Complying Entrepreneur Activity - Excluded Activities) Instrument 2026 (LIN 26/056) took effect on 25 September 2026, replacing the previous Specification of Activities 2016/075. This legislative update maintains existing policy settings without substantive changes, focusing on the exclusion of certain activities from being considered as 'complying entrepreneur activities' under the Entrepreneur streams of the subclass 188 and subclass 888 Business Innovation and Investment visas.

Excluded activities include investments in labour hire businesses, residential property, and existing businesses or franchises. These exclusions aim to steer entrepreneurial efforts towards emerging Australian enterprises, local employment creation, and the commercialisation of innovative research and development.

While the subclass 188 visa closed to new applications on 31 July 2024, the instrument remains pertinent for current subclass 188 Entrepreneur stream visa holders who wish to transition to the subclass 888 permanent visa. Applicants must ensure their entrepreneurial activities align with the criteria set out in the new instrument to qualify for the subclass 888 visa.