Ministerial Directions 121 and 122: New Skilled Visa Processing Priorities
An update for temporary, provisional and permanent skilled visa applicants and employers
Australia has introduced two new Ministerial Directions establishing updated processing priorities for skilled visa applications. Ministerial Direction 121 applies to certain temporary skilled visa applications, while Ministerial Direction 122 applies to certain provisional and permanent skilled visa applications.
Both Directions commenced on 19 September 2026 and replaced the processing priorities under Ministerial Direction 119. The Directions apply to undecided applications lodged before commencement as well as applications lodged after commencement. This update explains both Directions and what the changes may mean for applicants and employers.
Ministerial Direction 121: Temporary Skilled Visas
Australia has introduced Ministerial Direction 121, establishing a new order for considering and deciding certain temporary skilled visa applications.
What is Ministerial Direction 121?
Ministerial Direction 121 is a processing-priority direction made under section 499 of the Migration Act 1958.
It instructs Department of Home Affairs decision-makers about the order in which specified temporary skilled visa applications should be considered and decided.
The Direction applies to:
- Skills in Demand (SID) visa (Subclass 482) applications.
- Legacy Temporary Skill Shortage (TSS) visa (Subclass 482) applications that remain undecided.
Importantly, the Direction affects processing order only. It does not alter visa eligibility criteria, occupation lists, sponsorship requirements or nomination requirements.
Which applications receive the highest priority?
The highest priority is given to Subclass 482 applicants nominated in occupations connected with the following sectors:
- Healthcare
- Teaching
- Construction
- Agriculture
- Aquaculture
- Fishing
- Resources
- Australia’s law enforcement interests
- Australia’s defence interests
The Direction contains detailed definitions for each priority sector. Not every applicant employed by a company operating in one of these sectors will automatically receive priority. In many cases, the nominated position itself must directly support the relevant industry activity.
What occupations are covered?
The healthcare category includes a broad range of occupations, including many health professionals, medical technicians, psychologists, counsellors, social workers and aged care occupations.
The construction category includes numerous engineering, architectural, surveying, trade and technical occupations.
The teaching category includes school teachers, tertiary educators, vocational education teachers, childcare occupations and related educational leadership positions.
Additional priority occupations apply across agriculture, aquaculture, fishing, resources, defence and law enforcement sectors where specified by the Direction.
What is the new processing order?
The Direction establishes the following processing priority:
- Applications in specified priority sectors.
- Specialist Skills stream applications.
- Other primary applicants who are in Australia when the application is lodged.
- Other primary applicants outside Australia whose application is not combined with another person’s application.
- Remaining applications.
Dependent family members included with a primary applicant generally receive the same processing priority as the primary applicant.
Greater priority for applicants already in Australia
One of the most significant changes is the express priority now given to many onshore applicants.
Following priority-sector and Specialist Skills stream applications, other applicants who are in Australia when their Subclass 482 application is lodged are generally considered before comparable offshore applicants.
While this does not guarantee a faster outcome, it is the clearest acknowledgment to date that the applicant’s location at the time of application may influence where an application sits in the processing queue.
Ministerial Direction 122: Provisional and Permanent Skilled Visas
Ministerial Direction 122 establishes the processing order for specified provisional and permanent skilled visa applications.
What is Ministerial Direction 122?
Ministerial Direction 122 is a processing-priority direction made under section 499 of the Migration Act 1958.
It instructs Department of Home Affairs decision-makers about the order in which specified provisional and permanent skilled visa applications should be considered and decided.
Importantly, the Direction affects processing order only. It does not alter visa eligibility criteria, occupation lists, sponsorship requirements or nomination requirements.
Which visa applications are covered?
Ministerial Direction 122 applies to the following visa subclasses:
- Employer Nomination Scheme visa (Subclass 186)
- Regional Sponsored Migration Scheme visa (Subclass 187)
- Skilled Independent visa (Subclass 189)
- Skilled Nominated visa (Subclass 190)
- Permanent Residence (Skilled Regional) visa (Subclass 191)
- Skilled Regional (Provisional) visa (Subclass 489)
- Skilled Work Regional (Provisional) visa (Subclass 491)
- Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494)
- Skilled Regional visa (Subclass 887)
- Business Innovation and Investment (Permanent) visa (Subclass 888)
Which applications receive the highest priority?
The highest priority is given to applications relating to occupations connected with the following sectors:
- Healthcare
- Teaching
- Construction
- Agriculture
- Aquaculture
- Fishing
- Resources
- Australia’s law enforcement interests
- Australia’s defence interests
The Direction contains detailed definitions for each priority sector.
What is the new processing order?
The Direction establishes the following processing priority:
- Applications in specified priority sectors.
- Other primary applicants who are in Australia when the application is lodged.
- Other primary applicants outside Australia whose application is not combined with another person’s application.
- Remaining applications.
Dependent family members included with a primary applicant generally receive the same processing priority as the primary applicant.
Greater priority for applicants already in Australia
After applications in specified priority sectors, applicants who were in Australia when they lodged their application are generally considered before comparable offshore applicants.
While this does not guarantee a faster outcome, an applicant’s location at the time of lodgement may influence where the application sits in the processing queue.
The key difference between Directions 121 and 122
Ministerial Direction 121 applies to temporary skilled Subclass 482 visa applications. Ministerial Direction 122 applies to the specified provisional and permanent skilled visa subclasses listed above.
What do the new Directions mean for employers?
Employers should carefully assess:
- Whether the nominated occupation falls within a priority category.
- Whether the role satisfies any sector-specific requirements contained in the Directions.
- Whether the applicant will be onshore or offshore when the application is lodged.
- Whether the Specialist Skills stream is available (for 482 applications only).
- Whether sufficient supporting evidence is available to demonstrate the connection between the nominated role and any claimed priority sector.
- The Department is likely to place increasing importance on clearly documented nomination material and evidence supporting the business need for the position.
What does this mean for existing applications?
The Directions apply not only to new applications but also to applications that were lodged and remain undecided.
As a result, some existing applications may benefit from the new processing arrangements without requiring any further action from the applicant or a sponsoring employer.
Does priority guarantee a faster decision?
No.
Priority determines the order in which applications are considered. It does not guarantee a particular processing timeframe and does not affect the requirement for applicants, sponsors and employers to satisfy all legislative requirements.
Visa outcomes will continue to depend upon factors such as application completeness, health and character assessments, sponsorship requirements and any additional information requested by the Department.
Looking forward
Ministerial Directions 121 and 122 signal a continued focus on addressing identified workforce shortages while also providing greater priority to many skilled visa applicants who are already in Australia.
For employers, occupation selection, stream selection and the applicant’s location at the time of application may become increasingly important strategic considerations when planning workforce mobility and sponsorship programs.
While the full impact on processing times remains to be seen, organisations operating in priority sectors are expected to benefit most directly from the new arrangements, while other employers may see advantages where applicants are already in Australia at the time of application. The Visa Executive team will continue monitoring processing trends under the new Directions and can assist employers in assessing whether a position may qualify for priority processing under the revised framework.
The Visa Executive team will continue monitoring processing trends under the new Directions and can assist employers in assessing whether a position may qualify for priority processing under the revised framework.
