If you have a skilled visa application in the queue, or you are about to lodge one, the order in which the Department works through applications has just changed.
In a National Press Club speech on 17 September 2026, the Minister for Home Affairs, The Honourable Tony Burke, announced a package of migration reforms, including an update to the way skilled visa applications are prioritised. The next day he signed two new Ministerial Directions to put that into effect. Direction 121 covers the Skills in Demand (subclass 482) visa on its own, and Direction 122 covers the provisional and permanent skilled visas. Both took effect on 19 September 2026, and together they replace Direction 119, which had only been in place since late July and had dealt with all of these visas in a single document.
Here is what the new Directions do, how they differ from the old approach, and what it might mean for your application.
What is a Ministerial Direction, in plain terms?
The Department receives far more skilled visa applications than it can decide at once. A Ministerial Direction tells the Department's decision-makers which applications to pick up first. It does not change who is eligible for a visa, and it does not change the occupation lists. Everyone still has to meet the same requirements to be granted a visa. What the Direction changes is your place in the queue.
Direction 121: temporary skilled visas
Direction 121 applies to the Skills in Demand (subclass 482) visa, and to any applications still waiting under the old Temporary Skill Shortage (subclass 482) visa that it replaced in December 2024.
Applications are now processed in this order, from highest priority to lowest:
- Applications where the main applicant's occupation is in construction, healthcare, teaching, agriculture, aquaculture, fishing or the resources sector, or relates to Australia's law enforcement or defence interests.
- Applications in the Specialist Skills stream of the Skills in Demand visa.
- All other applications where the main applicant was in Australia when they lodged.
- Applications where the main applicant was outside Australia when they lodged and no family member has been added to the application at any point.
- Everything else.
Direction 122: provisional and permanent skilled visas
Direction 122 covers a longer list of visas: the Employer Nomination Scheme (subclass 186), Regional Sponsored Migration Scheme (subclass 187), Skilled Independent (subclass 189), Skilled Nominated (subclass 190), Permanent Residence (Skilled Regional) (subclass 191), Skilled Regional (Provisional) (subclass 489), Skilled Work Regional (Provisional) (subclass 491), Skilled Employer Sponsored Regional (Provisional) (subclass 494), Skilled Regional (subclass 887) and Business Innovation and Investment (Permanent) (subclass 888).
The order is very similar, without the separate step for the Specialist Skills stream:
- Applications where the main applicant's occupation is in construction, healthcare, teaching, agriculture, aquaculture, fishing or the resources sector, or relates to Australia's law enforcement or defence interests.
- All other applications where the main applicant was in Australia when they lodged.
- Applications where the main applicant was outside Australia when they lodged, and no family member has been added to the application at any point.
- Everything else.
Family members
Under both Directions, partners and children who applied together with the main applicant are given the same priority as the main applicant. If a family member applies separately later, their application is not covered by the Direction in the same way, so it is worth getting advice before deciding how and when to add family members.
What has changed from Direction 119?
Four things stand out.
First, where you are matters less than what you do. Under Direction 119, law enforcement and defence occupations were split into two tiers depending on whether the applicant was in or outside Australia, and healthcare, teaching and construction sat in a lower tier again, and only for applicants in Australia. Under the new Directions, all of the priority occupations sit together in a single top tier, and you are in it whether you lodged from Australia or overseas. Location still counts, but only for applicants outside the priority sectors.
Second, more sectors are now prioritised. Direction 119 gave priority to law enforcement, defence, healthcare, teaching and construction. Directions 121 and 122 keep those and add agriculture, aquaculture, fishing and the resources sector (mining, oil and gas, and related work). The lists of occupations that count within each sector have also been updated.
Third, the Specialist Skills stream of the Skills in Demand visa now has its own place in the queue, second only to the priority sectors.
Fourth, there is now an exceptions provision. Direction 119 gave the Department no room to move an individual application up the queue. The new Directions do, in the narrow circumstances described below.
There is also a change in scope worth knowing about. Direction 119 set the processing order for both visa applications and the employer nomination applications that go with sponsored visas. Directions 121 and 122 deal with visa applications only. If you are an employer with a nomination in the queue, the new Directions do not tell you where it sits, and we would encourage you to speak with us about what that means for your business.
Which occupations are in the priority sectors?
Each Direction sets out in detail which occupations fall into each sector, using the ANZSCO occupation codes that your nomination or skills assessment is based on. In broad terms:
- Construction covers construction trades, construction and mining labourers, construction and engineering managers, architects, civil engineers and related technicians, safety inspectors, sheet metal and structural steel workers, electricians, and plant, crane and machinery operators.
- Healthcare covers health professionals, health and welfare support workers, medical scientists and technicians, counsellors, psychologists, social workers, aged and disabled carers, nursing support workers and personal care assistants.
- Teaching covers school teachers, principals, faculty heads, university lecturers, vocational education teachers, child care centre managers and child care workers.
- Agriculture, aquaculture and fishing covers work directly involved in growing, harvesting, catching, raising and processing primary produce, including farm supervision, irrigation and animal health.
- Resources covers mining engineers, geologists, drillers and miners, surveyors, metallurgists, fitters and metal machinists, and mining production managers, where the role directly supports exploration, extraction or production of minerals, oil, gas or coal.
- Law enforcement covers police officers sponsored by the Australian Federal Police or a state or territory police force.
- Defence covers occupations connected with AUKUS, and roles where the applicant is sponsored or supported by the Australian Defence Force or the Department of Defence.
Whether your particular occupation falls inside one of these definitions can turn on the exact ANZSCO code, so if you are unsure, ask us to check.
Are there exceptions?
Yes, and this is new. The Department can move an application up the queue if it involves compelling circumstances affecting community safety, or the continuity of essential religious, cultural or community services in Australia. For the Skills in Demand visa, Australia's international relations can also be a reason. These exceptions are narrow and are not a general "urgent case" pathway, but if you believe your situation fits, it is worth getting advice on how to raise it with the Department.
Does this apply to applications already lodged?
Yes. The new Directions apply to applications that were lodged before 19 September 2026 and have not yet been decided, as well as to new applications. Applications already on hand have been re-ordered under the new priorities rather than continuing under the arrangements in place when they were lodged. If you lodged under Direction 119 expecting a particular place in the queue, that may have changed, for better or worse.
The Directions do not apply to applications that have been sent back to the Department by the Administrative Review Tribunal, or where the Tribunal has substituted its own decision.
What should you do?
If your occupation is in one of the priority sectors, this is good news, and there is nothing you need to do other than make sure your application is complete and well documented so it can be decided when it is picked up.
If you are outside the priority sectors, your application will still be considered, but you may find it takes longer than you were expecting. It is a good time to review your options, including whether a different visa pathway, a different nominated occupation that accurately reflects your role, or lodging from within Australia might put you in a better position.
We cannot promise processing times. No one can, and the Directions themselves do not set any. What we can do is help you understand where your application sits and what, if anything, might improve it.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping families, couples, and businesses navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 186 Permanent Work Visa or a Subclass 482 Work Visa, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written for and approved by Ivy Khine Su San, Solicitor LPN: 5514120
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
