Ministerial Direction 121 and 122: New Skilled Visa Processing Priorities from 19 September 2026

By Madhab Kharel, Principal Lawyer, Emigrate Lawyers
Updated: 20 September 2026

Australia has introduced new skilled visa processing priorities through Ministerial Direction 121 and Ministerial Direction 122. The new Directions commenced on 19 September 2026 and replaced the processing priorities that previously operated under Ministerial Direction 119.

Separate framework for Subclass 858: the National Innovation Visa is governed by a different priority framework under Ministerial Direction 120. Candidates should not apply the Direction 121/122 priority order to NIV matters.

The changes affect many of Australia’s key skilled and employer-sponsored visas, including the Skills in Demand visa (Subclass 482), the Employer Nomination Scheme visa (Subclass 186), Skilled Independent visa (Subclass 189), Skilled Nominated visa (Subclass 190), Skilled Work Regional visa (Subclass 491), Skilled Employer Sponsored Regional visa (Subclass 494), and several other skilled visas.

The new system gives the highest processing priority to selected occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, together with occupations connected to Australia’s law enforcement and defence interests.

However, applicants should understand one important distinction: processing priority does not mean visa eligibility or visa approval. The Directions control the order in which the Department of Home Affairs processes relevant applications. Applicants must still satisfy every legal requirement for the visa they seek.

When did Ministerial Direction 121 and 122 start?

The Minister signed both Directions on 18 September 2026. They commenced on 19 September 2026.

Ministerial Direction 121 expressly revokes Ministerial Direction 119. The Department of Home Affairs also confirms that Directions 121 and 122 now replace the skilled visa processing priorities that previously operated under Direction 119.

Applicants who want background on the former system can read our earlier guide to Ministerial Direction 119.

What is Ministerial Direction 121?

Ministerial Direction 121 sets processing priorities for specified temporary skilled visa applications. It primarily covers the Skills in Demand visa (Subclass 482) and relevant undecided applications under the former Temporary Skill Shortage Subclass 482 framework.

The Direction does not change the substantive criteria for a Subclass 482 visa. It tells delegates the order in which they should process covered applications.

What are the new Subclass 482 visa processing priorities?

Under Ministerial Direction 121, the Department generally processes covered Subclass 482 applications in the following order.

Priority 1: Priority occupations and sectors

The Department gives the highest processing priority to qualifying primary applicants whose occupations fall within specified areas connected to:

• construction;
• healthcare;
• teaching;
• agriculture;
• aquaculture;
• fishing;
• resources;
• Australia’s law enforcement interests; or
• Australia’s defence interests.

This represents a significant expansion of the former Direction 119 priority framework because agriculture, aquaculture, fishing and resources now appear expressly in the highest-priority group.

Priority 2: Specialist Skills stream

If an applicant does not already qualify for Priority 1, an application under the Specialist Skills stream of the Skills in Demand visa receives the next level of priority.

This gives eligible Specialist Skills applicants a distinct position in the processing hierarchy.

Priority 3: Other onshore primary applicants

The Department then prioritises other primary applicants who were in Australia when they lodged the visa application.

Priority 4: Certain offshore primary applicants

The next category covers specified primary applicants who were outside Australia when they applied and whose application does not combine with another person’s application at any time.

Priority 5: Remaining applications

The Department then processes remaining covered applications, subject to the specific exclusions and rules in the Direction.

What is Ministerial Direction 122?

Ministerial Direction 122 sets processing priorities for a broader range of provisional and permanent skilled visas.

It covers the following visa subclasses:

Applicants considering points-tested skilled migration can also review our General Skilled Migration guide.

What are the processing priorities under Ministerial Direction 122?

Direction 122 creates four broad processing groups.

Priority 1: Priority occupations and sectors

The Department gives the highest priority to qualifying primary applicants connected to construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement or defence.

Priority 2: Other onshore primary applicants

If an applicant does not qualify for Priority 1, the Department next prioritises primary applicants who were in Australia when they lodged their visa application.

Priority 3: Certain offshore primary applicants

The third group covers specified primary applicants who were outside Australia at lodgement and whose application does not combine with another person’s application at any time.

Priority 4: Remaining applications

The Department then processes the remaining covered applications, subject to the exclusions and special rules in Direction 122.

Which occupations receive the highest processing priority?

The terms “construction”, “healthcare” and “teaching” sound broad. However, the Directions define these categories. Working for an employer in a priority industry does not automatically place every visa applicant in Priority 1.

The applicant’s actual occupation and nominated position matter.

Construction occupations

The construction definition includes a range of ANZSCO groups and occupations, including Construction Trades Workers, Construction and Mining Labourers, Construction Managers, Engineering Managers, Architects and Landscape Architects, Civil Engineering Professionals, specified building and engineering technicians, structural steel and welding occupations, certain machinery operators and electricians.

The definition therefore extends beyond traditional building trades.

Healthcare occupations

The healthcare definition covers Health Professionals and several related occupation groups. It also includes occupations such as Aged or Disabled Carer, Nursing Support Worker and Personal Care Assistant, together with specified counselling, psychology, social work, medical science and technical occupations.

Teaching occupations

The teaching category includes School Teachers, Child Care Centre Managers, School Principals, Faculty Heads, University Lecturers, Vocational Education Teachers and Child Care Workers.

Agriculture, aquaculture and fishing

The Directions also cover specified positions directly connected with primary production or work that supports productivity in relevant primary industries. The wording extends to defined agricultural, aquaculture and fishing activities rather than every role performed for a business operating in those sectors.

Resources sector

The resources category focuses on nominated positions that directly support exploration, extraction or production of minerals, oil, gas or coal. It also covers specified occupations associated with mine closure, decommissioning and rehabilitation.

What changed from Ministerial Direction 119?

The change involves more than replacing one Direction number with another.

First, the Government now separates the temporary skilled visa processing framework from many provisional and permanent skilled visas. Direction 121 deals with covered Subclass 482 applications, while Direction 122 deals with the listed provisional and permanent skilled visas.

Second, the new framework expands the highest-priority sectors. Direction 119 focused heavily on law enforcement, defence, healthcare, teaching and construction. The new Directions expressly add agriculture, aquaculture, fishing and resources.

Third, Direction 121 creates a distinct processing position for the Specialist Skills stream of the Skills in Demand visa.

Finally, the new Directions can affect applications that applicants lodged before 19 September 2026 if the Department had not finally determined those applications.

Do Ministerial Directions 121 and 122 apply to applications already lodged?

Yes.

The Directions apply to covered applications lodged before commencement where the Department had not finally determined the application. They also apply to applications lodged from 19 September 2026 onwards.

Therefore, the new processing hierarchy can change the relative processing position of an existing application even where the applicant lodged it while Direction 119 still operated.

Applicants should not assume that a pre-19 September 2026 application retains its former place under Direction 119.

Does priority processing guarantee a faster visa decision?

No.

A higher priority does not guarantee a decision within a particular number of days. It also does not guarantee visa approval.

Applicants must still satisfy all relevant legal requirements. Depending on the visa, those requirements can include:

• occupation eligibility;
• sponsorship;
• employer nomination;
• work experience;
• skills assessment requirements;
• English language requirements;
• salary requirements;
• health requirements;
• character requirements; and
• other visa-specific criteria.

The Department also encourages applicants to lodge complete applications because missing documents or information can delay assessment.

What does Direction 121 mean for Subclass 482 applicants?

Direction 121 can materially change the relative processing position of some Subclass 482 Skills in Demand visa applicants.

For example, a qualifying applicant in healthcare, construction, teaching, agriculture, aquaculture, fishing or resources may fall within Priority 1. An applicant in the Specialist Skills stream may receive Priority 2 even if their occupation does not fall within Priority 1.

Employers should check the nominated occupation carefully before assuming that a worker receives priority processing.

What does Direction 122 mean for Subclass 186 applicants?

The Employer Nomination Scheme Subclass 186 visa falls within Direction 122.

A qualifying applicant in one of the defined priority occupations can receive Priority 1 processing. Other primary applicants who applied while in Australia generally fall within the next processing group.

However, Direction 122 does not change the substantive requirements for a Subclass 186 visa. Applicants and employers must still satisfy the requirements of the relevant stream and nomination.

What does Direction 122 mean for Subclass 189, 190 and 491 applicants?

Direction 122 also covers major General Skilled Migration visas, including Subclasses 189, 190 and 491.

However, processing priority does not replace the separate systems that control SkillSelect invitations, points-tested eligibility, skills assessments or state and territory nomination.

Direction 122 deals with the Department’s processing order after a visa application falls within its scope.

What does Direction 122 mean for Subclass 494 applicants?

The Subclass 494 Skilled Employer Sponsored Regional visa also falls within Direction 122.

Applicants in qualifying priority occupations may receive the highest processing priority. This can matter for regional employers that rely on skilled workers in construction, healthcare, agriculture and other priority sectors.

Employers should still prepare the nomination and visa evidence carefully. Priority processing cannot fix a nomination or visa application that does not meet the legal criteria.

For a broader comparison of employer-sponsored pathways, see our guide to 482, 186 and 494 employer-sponsored visas and permanent residency options.

Do family members receive the same processing priority?

Where the law allows a family member to combine their application with the primary applicant’s application, the Directions generally give the combined family application the same processing priority as the primary applicant.

However, the Directions contain separate rules and exclusions for some family-unit applications. Applicants should obtain individual advice where a spouse or child applies separately from the primary applicant.

Do Directions 121 and 122 change the skilled occupation lists?

No.

The Directions do not change Australia’s skilled occupation lists. They establish processing priorities for visa applications that fall within their scope.

An occupation may receive high processing priority and still need to satisfy every other legal requirement for the relevant visa. Likewise, an occupation that does not fall within Priority 1 may still qualify for a skilled visa.

What should existing skilled visa applicants do now?

Applicants with pending skilled visa applications should review whether Ministerial Direction 121 or 122 has changed their processing position.

This review may be particularly important for:

• pending Subclass 482 applications;
• Subclass 186 applicants;
• Subclass 189 and 190 applicants;
• Subclass 491 applicants;
• Subclass 494 applicants;
• applicants in newly prioritised agriculture or resources occupations; and
• offshore applicants in priority occupations.

Applicants should also confirm the exact ANZSCO occupation that applies to the nominated position. A business operating in a priority industry does not automatically make every employee a priority applicant.

Frequently asked questions about Ministerial Direction 121 and 122

What is Ministerial Direction 121?

Ministerial Direction 121 sets the processing order for specified temporary skilled visa applications. It primarily covers the Skills in Demand visa and relevant remaining Temporary Skill Shortage Subclass 482 applications.

What is Ministerial Direction 122?

Ministerial Direction 122 sets processing priorities for specified provisional and permanent skilled visas, including Subclasses 186, 189, 190, 191, 491 and 494.

When did Ministerial Directions 121 and 122 start?

Both Directions commenced on 19 September 2026.

Did Ministerial Direction 121 replace Direction 119?

Yes. Direction 121 expressly revokes Direction 119, and Home Affairs states that Directions 121 and 122 replace the skilled visa processing priorities that operated under Direction 119.

Which sectors now receive the highest skilled visa processing priority?

The highest priority covers qualifying occupations connected to construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement and defence.

Does a priority occupation guarantee visa approval?

No. Processing priority affects the order in which the Department considers covered applications. Applicants must still satisfy all applicable visa criteria.

Do Directions 121 and 122 apply to existing visa applications?

Yes. They apply to relevant applications lodged before commencement where the Department had not finally determined the application, as well as applications lodged from 19 September 2026.

Is every construction worker automatically Priority 1?

No. The Directions define the occupations and positions that qualify. Applicants should check their actual occupation and nominated position against the relevant Direction.

How Emigrate Lawyers can help

The new skilled visa processing framework creates opportunities for some applicants, but it also makes correct occupation classification and visa strategy increasingly important.

Emigrate Lawyers advises skilled workers and Australian employers on:

• Subclass 482 Skills in Demand visas;
• Subclass 186 Employer Nomination Scheme visas;
• Subclass 494 regional employer-sponsored visas;
• Subclass 189, 190 and 491 skilled visas;
• employer sponsorship and nomination;
• occupation classification;
• skills assessments;
• visa refusals and review options; and
• long-term permanent residency planning.

We can review whether Ministerial Direction 121 or 122 affects the processing priority of a current or proposed skilled visa application.

Key takeaway

Ministerial Directions 121 and 122 changed Australia’s skilled visa processing priorities from 19 September 2026.

The Government now gives the highest processing priority to qualifying occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, together with selected law-enforcement and defence occupations.

Direction 121 governs covered Subclass 482 applications. Direction 122 governs a range of provisional and permanent skilled visas, including Subclasses 186, 189, 190, 491 and 494.

The new Directions can also affect applications lodged before 19 September 2026 that remain undecided.

However, processing priority does not equal visa eligibility. Applicants and employers should still prepare complete applications that meet every relevant requirement under Australian migration law.

Official sources

• Department of Home Affairs — Skilled visa processing priorities
• Ministerial Direction 121 — official PDF
• Ministerial Direction 122 — official PDF

About the author

Madhab Kharel is the Principal Lawyer of Emigrate Lawyers. He advises individuals and businesses on Australian immigration law, including skilled migration, employer-sponsored visas, complex visa applications, visa refusals and migration review matters.

This article provides general information only and does not constitute legal advice. Australian migration law changes frequently. Applicants should obtain advice based on their individual circumstances.