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Australia’s skilled visa processing framework has changed.

From 19 September 2026, new Ministerial Directions 121 and 122 have replaced the previous processing priorities under Ministerial Direction 119.

The new framework separates Subclass 482 visa applications from other specified provisional and permanent skilled visa applications with each group now governed by its own Ministerial Direction.

For applicants and employers, the key point is that these changes affect the order in which applications are considered for processing. They do not, by themselves, change the underlying eligibility requirements for the relevant visa.

What are Ministerial Directions 121 and 122?

The Australian Government has introduced two new processing directions:

Ministerial Direction 121 (MD121) applies to Subclass 482 visa applications including Skills in Demand and Temporary Skill Shortage applications.

Ministerial Direction 122 (MD122) applies to certain provisional and permanent skilled visa applications across 10 specified subclasses.

Both Directions commenced on 19 September 2026 and replaced the processing priorities previously set out under MD119.

Importantly, the new Directions also apply to applications that were already lodged but had not been finally determined when the new framework commenced. This means existing applications may be reordered under the new priority settings.

Ministerial Direction 121: Subclass 482 processing priorities

MD121 applies specifically to Subclass 482 visa applications.

The new Direction establishes five processing priority tiers:

1. Priority occupations and sectors

The highest priority is given to applications relating to:

  • Construction
  • Healthcare
  • Teaching
  • Agriculture
  • Aquaculture
  • Fishing
  • Resources
  • Australia’s law enforcement interests
  • Australia’s defence interests

This priority applies regardless of whether the applicant was in or outside Australia when the application was made.

2. Specialist Skills stream

The second priority tier covers Skills in Demand visa applications under the Specialist Skills stream. The current annual salary threshold for this stream is at least AU$146,576.

This priority applies regardless of whether the applicant was onshore or offshore.

3. Other onshore applications

Other Subclass 482 applications where the primary applicant was inside Australia when the application was made.

4. Other offshore applications, not combined

Applications where the primary applicant was outside Australia when the application was made and the application has not been combined with another person’s application.

5. All remaining applications

All other applications not covered by the higher priority categories.

Ministerial Direction 122: Permanent and provisional skilled visas

MD122 applies to certain provisional and permanent skilled visa applications.

The subclasses covered include:

Subclass 186 Employer Nomination Scheme
Subclass 187 Regional Employer Nomination Scheme
Subclass 189 Skilled Independent
Subclass 190 Skilled Nominated
Subclass 191 Permanent Residence (Skilled Regional)
Subclass 489 Skilled Regional
Subclass 491 Skilled Work Regional
Subclass 494 Skilled Employer Sponsored Regional
Subclass 887 Skilled Regional
Subclass 888 Business Innovation and Investment (Permanent)

Subclass 482 is not covered by MD122 and is dealt with separately under MD121.

The four MD122 priority tiers

MD122 establishes four processing priority groups:

1. Priority occupations and sectors

Construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement and defence interests.

This priority applies regardless of whether the applicant was inside or outside Australia when the application was made.

2. Other onshore applications

Other applications where the primary applicant was inside Australia when the application was made.

3. Other offshore applications, not combined

Applications where the primary applicant was outside Australia when the application was made and the application has not been combined with another person’s application.

4. All remaining applications

All other applications covered by MD122.

What has changed from MD119?

One of the most significant changes is that MD119 has been split into two separate processing frameworks.

Under MD121, Subclass 482 applications are now dealt with separately while the other specified skilled visa subclasses sit under MD122.

The new Directions also expand the priority occupations and sectors. Agriculture, aquaculture, fishing and resources have been added alongside construction, healthcare and teaching, while law enforcement and defence interests are included in the highest priority tier.

For Subclass 482 applications, MD121 also introduces a dedicated Specialist Skills stream priority tier positioned immediately after the highest priority group.

Do these changes affect existing visa applications?

Yes.

The new processing priorities apply to applications made from 19 September 2026 as well as applications that were already on hand and had not been finally determined when the new Directions commenced.

As a result, some existing applications may now be considered under a different processing priority than the one that applied when they were originally lodged.

However, being placed in a higher priority category does not guarantee a particular processing timeframe or visa outcome. The Directions establish the order in which applications are considered rather than guaranteeing approval or a fixed processing period.

What does this mean for employers?

For employers sponsoring overseas workers, the new processing priorities may be relevant when planning workforce movements, recruitment timelines and mobility programs.

Employers operating in the newly expanded priority sectors should review whether their sponsored workers’ occupations and applications fall within the applicable priority provisions.

The changes may also be relevant when assessing the timing of proposed Subclass 482 sponsorships particularly where an applicant may fall within a priority occupation or the Specialist Skills stream.

However, processing priority should not be treated as a substitute for assessing the full visa, nomination and sponsorship requirements.

For businesses managing multiple sponsored workers, it may be useful to review current applications alongside upcoming workforce requirements and planned visa pathways.

Our Employer Sponsored Immigration team can assist employers with sponsorship, nomination and visa strategy across their workforce.

What does this mean for visa applicants?

Applicants should first identify which Ministerial Direction applies to their visa subclass.

For Subclass 482 applicants, this means looking at MD121 and determining which of the five priority tiers applies.

For applicants covered by MD122, the relevant application should be assessed against the four priority tiers.

An applicant’s location at the time of application may also be relevant. For example, MD121 and MD122 distinguish between certain onshore and offshore applications, while some higher priority categories apply regardless of whether the applicant was in or outside Australia.

Applicants should also remember that processing priority is separate from visa eligibility. Meeting a priority category does not remove the requirement to satisfy the relevant visa criteria.

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What should employers and applicants do now?

If you have an application already in progress or are planning a new skilled visa application consider:

1. Identify the applicable Direction
Determine whether your application falls under MD121 or MD122.

2. Check the applicable priority tier
Review the occupation, visa subclass, applicant location and other relevant circumstances.

3. Review existing applications
Applications that were lodged before 19 September 2026 and remain undecided may now be subject to the new processing order.

4. Consider workforce planning
Employers should consider the new priorities when planning recruitment, sponsorship and employee movements.

5. Continue to monitor developments
The new Directions form part of the broader migration reforms announced in September 2026 and further changes may follow.

For the latest official information, refer to the Department of Home Affairs skilled visa processing priorities.

Need help understanding how the new priorities apply to you?

The introduction of MD121 and MD122 changes how certain skilled visa applications are prioritised for processing.

For employers, this may have implications for workforce and mobility planning. For applicants, it may affect where an application sits within the Department’s processing order.

If you are unsure which priority category applies to your application or workforce strategy, our immigration lawyers can help you understand the relevant framework and its application to your circumstances.

LEGAL DISCLAIMER

The information provided in articles and blog posts published by Gilton Valeo Lawyers is for general informational purposes only and should not be taken as legal or migration advice. The content does not create a lawyer-client relationship between you and Gilton Valeo Lawyers. As Australian migration laws and policies can change, we recommend obtaining professional advice from a qualified Australian lawyer experienced in migration law about your individual circumstances before relying on any information or taking action in relation to your migration matter.

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