New skilled visa processing priorities: Ministerial Directions 121 and 122 explained

There has been plenty of commentary in the media and migration industry about Australia’s latest changes to skilled visa processing. 

New Ministerial Directions 121 and 122, which commenced on 19 September 2026, replace the skilled visa processing priorities previously set out in Ministerial Direction 119 and introduce a revised framework for how the Department of Home Affairs prioritises skilled visa applications.

In this publication we examine the key changes, who they affect, and the practical implications for skilled visa applicants and sponsoring employers.

Key takeaways

• New directions in force: Ministerial Directions 121 (temporary skilled) and 122 (provisional and permanent skilled) commenced on 19 September 2026, replacing Direction 119 after about eight weeks.
• Broader highest priority level: Agriculture, aquaculture, fishing and resources join construction, healthcare, teaching, and law enforcement and defence interests – and offshore applicants in these sectors now also receive the highest priority.
• New Specialist Skills priority level: Skills in Demand (subclass 482) Specialist Skills stream applications are now second in line.
• Nominations not covered: Neither direction sets a processing order for nominations, and no separate nomination order had been published as at 6 October 2026.
• Pending cases re-sorted: The directions apply to all applications undecided at 19 September 2026. Expect processing times to fluctuate.

Background

Firstly, what is Ministerial Direction?

A Ministerial Direction provides the Government with a flexible mechanism for influencing how Australia’s migration laws are administered.  Under section 499 of the Migration Act 1958 (Act), the Minister may give written directions to persons or bodies exercising powers or functions under the Act, which relevant decision-makers are generally required to follow.  Importantly, a Ministerial Direction does not amend the underlying legislation; rather, it can change the way in which decision-makers are required to exercise their powers.  This enables the Government to respond relatively quickly to changing migration priorities without the need to amend the Act itself.

Ministerial Direction 119, dated 24 July 2026, set processing priorities for skilled visas and nominations. On 18 September 2026 the Minister signed two replacement directions, which commenced on 19 September 2026. Section 3 of Direction 121 revokes Direction 119, and the two new directions replace all of its processing priorities.

The key changes compared with Direction 119 are:

• agriculture, aquaculture, fishing and resources have been added to the highest priority level, and some construction categories have been expanded;
• the onshore-only limitation for construction, healthcare and teaching priority has been removed, so offshore priority-sector applicants now receive the highest priority;
• a new Specialist Skills priority level applies to subclass 482 applications (Specialist Skills stream: salary of at least $146,576 as prescribed in the Migration Regulations 1994);
• a new compelling-circumstances rule requires officers to depart from the order where compelling circumstances exist (see below); and
• nominations are no longer covered by a processing direction.

Direction 121 – Subclass 482 priority order

Direction 121 applies to Skills in Demand (subclass 482) visas and legacy Temporary Skill Shortage (subclass 482) visas.  (The Skills in Demand visa replaced the Temporary Skill Shortage visa on 7 December 2024.)

Direction 122 – provisional and permanent skilled visas

Direction 122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. Where a subclass is capped under section 85 of the Act, the same order determines which applications receive the available places.

Under both directions, secondary applicants who apply together with the primary applicant share the primary applicant’s priority level.  The directions do not apply to Administrative Review Tribunal remittals or substituted decisions (and, under Direction 122, former Administrative Appeal Tribunal remittals or substituted decisions also), applications that plainly cannot meet the grant criteria for the visa, or family members applying separately from an onshore primary applicant.

Officers must depart from the order in compelling circumstances.  Direction 121 gives as examples community safety, continuity of essential religious, cultural or community services, and Australia’s international relations; Direction 122 lists only the first two.

Priority sector definitions

• Occupation, not industry: Priority sectors are defined by the nominated occupation (ANZSCO), not the employer’s industry. For example, a nurse is within the healthcare sector; a hospital administrator is not.
• Agriculture and resources: Defined by what the position does.
• Law enforcement: Police (ANZSCO Unit Group 4413) nominated or sponsored by the Australian Federal Police or one of the listed state and territory police forces (New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia).
• Defence: AUKUS Pillar I or II work, or positions nominated or sponsored by the ADF or Department of Defence, or supported by a letter of support from the ADF or Department of Defence where the applicant will ordinarily work at a defence facility or in an occupation supporting the production or supply of defence-related materiel or technology.

What this means for employers

Employers in the newly added sectors, particularly agriculture, aquaculture, fishing and resources, and those recruiting priority-sector workers from overseas may see their visa applicants’ applications move up the queue.  Employers recruiting in non-priority occupations, especially offshore, should expect their visa applicants’ applications to sit lower in the order, behind a larger group of highest-priority applications.

Priority does not shorten the assessment itself, and the Department of Home Affairs has not published processing times for each priority level.  It has warned that processing times may fluctuate while pending applications are reprioritised. With nominations outside both directions, nomination timing is also less predictable.

Practical tips

• For employer sponsors, review your pipeline of pending 482, 186 and 494 cases and map each to its priority level.
• For non-priority occupations, consider onshore versus offshore lodgement timing, and the effect of combining family members for offshore applicants – seek advice first.
• Build a buffer into workforce planning and start dates, especially for non-priority offshore hires.
• The bar for compelling circumstances is high; raise compelling circumstances only in genuinely qualifying cases.
• Lodge nominations early, as nomination timing is now uncertain.
• Monitor for further changes – Ministerial Directions have been replaced in rapid succession.

Disclaimer

The information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.