New Visa Processing Priorities: Ministerial Directions 121 and 122
The new Directions replace the skilled visa processing priorities previously operating under Ministerial Direction 119 and affect both temporary and permanent skilled visa applications.
One of the key changes is the expansion of occupations and sectors receiving priority processing, together with greater priority being given to certain applicants who were in Australia when their visa application was lodged.
Ministerial Direction 121 – Subclass 482 Visas
Ministerial Direction 121 applies to the Skills in Demand (Subclass 482) visa, as well as remaining applications under the former Temporary Skill Shortage (Subclass 482) visa.
Under the new Direction, applications are generally processed in the following order:
Priority occupations and sectors – applications relating to construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, as well as occupations connected with Australia’s law enforcement and defence interests.
Specialist Skills stream – applications made under the Specialist Skills stream of the Skills in Demand visa, where they do not already fall within the first priority group.
Onshore applicants – other applications where the applicant was in Australia at the time the visa application was lodged.
Certain offshore applicants – applications where the primary applicant was outside Australia at the time of lodgement and the application is not combined with another person’s application.
All other applications.
This means that being onshore at the time of application can now affect the processing priority of a Subclass 482 application, even where the occupation itself does not fall within one of the highest-priority sectors.
Ministerial Direction 122 – Permanent and Provisional Skilled Visas
Ministerial Direction 122 applies more broadly to a number of permanent and provisional skilled visas, including:
Employer Nomination Scheme – Subclass 186
Skilled Independent – Subclass 189
Skilled Nominated – Subclass 190
Permanent Residence (Skilled Regional) – Subclass 191
Skilled Work Regional (Provisional) – Subclass 491
Skilled Employer Sponsored Regional (Provisional) – Subclass 494
Regional Sponsored Migration Scheme – Subclass 187
Skilled Regional – Subclass 887
Certain Subclass 489 applications
Business Innovation and Investment (Permanent) – Subclass 888
For these visas, the general processing order is:
Applications relating to the identified priority sectors and occupations;
Other applicants who were in Australia when the application was lodged;
Certain applicants who were outside Australia when the application was lodged and whose application is not combined with another person’s application; and
All remaining applications.
Which Sectors Receive the Highest Priority?
Under the new Directions, the highest processing priority applies to qualifying applications relating to:
Construction
Healthcare
Teaching
Agriculture
Aquaculture
Fishing
Resources
Law enforcement
Defence
The inclusion of agriculture, aquaculture, fishing and resources is particularly noteworthy, as these sectors are now expressly included among the highest processing priorities.
However, simply working for a business operating in one of these industries does not necessarily mean an application will receive Priority 1 processing. The applicant’s nominated occupation and the nature of the position remain important in determining whether the application falls within the relevant priority category.
What Does This Mean for Applicants Already in Australia?
One of the most significant practical changes is the increased processing priority given to onshore applicants.
For example, under Direction 122, an applicant who does not fall within one of the Priority 1 sectors may nevertheless receive a higher processing position if they were physically in Australia when they lodged their Subclass 186, 189, 190, 191, 491 or 494 visa application.
Similarly, under Direction 121, other onshore Subclass 482 applicants sit behind Priority 1 occupations and the Specialist Skills stream, but ahead of the specified offshore categories.
Importantly, it is the applicant’s location at the time the visa application was lodged that is relevant.
What About Applications That Were Already Lodged?
The new processing arrangements are not limited to applications lodged after 19 September 2026.
They can also apply to relevant applications lodged before the commencement of Directions 121 and 122 where the application had not yet been finally determined.
As a result, some applicants with pending skilled visa applications may find that their relative position in the processing queue has changed under the new arrangements.
Priority Processing Does Not Mean Automatic Approval
It is important to distinguish between processing priority and visa eligibility.
Ministerial Directions 121 and 122 determine the order in which the Department processes relevant applications. They do not change the underlying eligibility requirements for the visa and do not guarantee that an application will be approved.
Applicants must still satisfy all applicable requirements, which may include occupation eligibility, sponsorship and nomination requirements, relevant work experience, skills assessment, English language requirements, salary requirements, health and character criteria.
Priority processing also does not guarantee that a visa will be decided within a particular timeframe.
What Should Skilled Visa Applicants and Employers Do?
Applicants with a pending or proposed skilled visa application should consider whether the new Directions affect their processing priority, particularly those applying for Subclass 482, 186, 189, 190, 191, 491 or 494 visas.
Employers should also carefully consider the nominated occupation rather than assuming that all employees working within a priority industry will automatically receive priority processing.
As processing priorities can significantly affect the timing of an application, it is also increasingly important to lodge a complete and well-prepared application to minimise avoidable delays.
Need Advice About Your Skilled Visa Options?
If you are considering an employer-sponsored or skilled visa, or already have an application pending with the Department, MigrateHub can assist you in understanding how the new processing priorities may apply to your circumstances.
Official Sources
Disclaimer: This article provides general information only and does not constitute migration advice. Australian immigration laws and processing policies are subject to change, and individual circumstances should be assessed before making a visa application.
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