Ministerial Directions 121 and 122: How Skilled Visa Applications Are Now Ordered

What changed and when

Before 19 September 2026, one document, Ministerial Direction 119 (dated 24 July 2026), set processing priorities for skilled visas. The Minister announced on 17 September, in his National Press Club speech, that this would be split. His words were: "At the moment we've got a single one where we have almost identical rules for both the permanent program and the temporary program … What we'll be doing is updating that and adding to the priority list in full construction, agriculture, fisheries, resources and teaching."

Two Directions under section 499 of the Migration Act 1958 followed. Both are signed "18.9.26" and say they commence "on the day after it is signed", which is 19 September 2026. Direction 121 states that Direction 119 "is revoked". The Home Affairs page says: "Both Directions came into effect on 19 September 2026. From this date, Ministerial Directions 121 and 122 have replaced all processing priorities under Ministerial Direction 119."

A section 499 direction is a power the Minister uses without new legislation, which is why this measure could take effect two days after it was announced. It is one of the few parts of the 17 September package already in effect. Others, such as the points test changes and the working holiday ballot, have no instrument yet.

Which visas each Direction covers

Direction 121 applies to two visa classes in the Schedule to the Direction:

- Skills in Demand (subclass 482)
- Temporary Skill Shortage (subclass 482), the older version of the visa, which the Direction notes was replaced by Skills in Demand on 7 December 2024

Direction 122 applies to ten visa classes:

- 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)
- Business Skills (Permanent) (subclass 888)

The Home Affairs page lists two other skilled directions that are separate and in force: Direction 114 (in effect from 12 February 2025) for the closed Business Innovation and Investment (188) and Business Talent (132) visas, and Direction 120 (in effect from 25 July 2026) for the National Innovation visa (858) and the closed Distinguished Talent and Global Talent classes. Student visas are not covered by any of these. They have their own directions.

The order of priority under Direction 122 (provisional and permanent)

Direction 122 sets four tiers, with the first the highest priority:

- 1. Applications by a primary applicant in relation to an occupation in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, or an occupation related to Australia's law enforcement or defence interests.
- 2. All other applications where the primary applicant was in Australia when the application was made.
- 3. Applications where the primary applicant was outside Australia when the application was made and the application is not combined with another person's application at any time.
- 4. All other applications.

Applications that are combined with a primary applicant's application in a way the Migration Regulations allow get the same priority as the primary applicant's application.

The Home Affairs page lists the same order, in the same tiers, for these visas.

The order of priority under Direction 121 (temporary skilled)

Direction 121 has five tiers:

- 1. The same priority sectors and interests as Direction 122: construction, healthcare, teaching, agriculture, aquaculture, fishing and resources occupations, and law enforcement and defence.
- 2. Applications for the Skills in Demand visa in the Specialist Skills stream.
- 3. All other applications where the primary applicant was in Australia when the application was made.
- 4. Applications where the primary applicant was outside Australia and the application is not combined with another person's application.
- 5. All other applications.

The only structural difference from Direction 122 is the Specialist Skills tier. The Direction's preamble describes it as "a streamlined pathway for highly skilled migrants who deliver significant economic benefits to Australia".

What counts as a priority occupation

The announcement used sector words, but the Directions define the sectors by occupation. This is the part most readers miss. In both Directions, the priority tier is about the occupation of a primary applicant, not about the industry of the employer in general. Both Directions define each sector in their interpretation sections. As read in the signed Directions:

- Construction occupations include ANZSCO Sub-Major Group 33 (Construction Trades Workers) and Sub-Major Group 82 (Construction and Mining Labourers), Construction Managers (1331), Engineering Managers (1332), Architects and Landscape Architects (2321), Civil Engineering Professionals (2332), several technician groups (3121, 3122, 3126, 3129), Sheetmetal Workers (3222), Structural Steel and Welding Trades Workers (3223), some plant and machine operator groups (7111, 7121, 7212), and two electrician codes (341111 and 341112).
- Healthcare occupations include ANZSCO Sub-Major Group 25 (Health Professionals), Minor Group 411 (Health and Welfare Support Workers), Medical Scientists (2346), Counsellors (2721), Psychologists (2723), Social Workers (2725), Medical Technicians (3112), and three occupation codes: Aged or Disabled Carer (423111), Nursing Support Worker (423312) and Personal Care Assistant (423313).
- Teaching occupations include School Teachers (Minor Group 241), Child Care Centre Managers (1341), School Principal, Faculty Head, University Lecturer, Vocational Education Teacher, and Child Care Worker (421111).
- Agriculture, aquaculture and fishing is defined by the nominated position: one "directly involved in primary produce production or supporting productivity", including crop cultivation and harvesting, livestock and seafood production, agricultural support activities, and slaughter, boning and processing.
- Resources is defined by a nominated position that "directly supports the exploration, extraction and production of minerals, oil and gas, or coal resources", with a list that includes mining engineers, geologists, drillers and miners, surveyors and certain fitter and machinist codes.
- Law enforcement means ANZSCO Unit Group 4413 (Police) where the applicant is nominated or sponsored by a listed Australian police force.
- Defence means an occupation related to AUKUS Pillar I or II, or one where the applicant is nominated or sponsored by the Australian Defence Force or Department of Defence, or has a letter of support from either and meets one of two conditions about a defence facility or defence-related materiel.

These are definitions from the Directions, not advice on any person's occupation. Whether a particular job falls in a tier depends on the code and the facts, and that is for the department, and for a registered migration agent who has your documents, to work out.

What the Directions do not do

Direction 122 says it directly: "This Direction does not change the composition of the skilled migration occupation lists. Applicants must meet the requirements set out in the Act and the Regulations in order to be granted a visa." Direction 121 says the same. Being in a priority tier does not make an application succeed. It affects the order in which a decision-maker looks at the file.

The Directions also do not apply to some applications. Both exclude applications remitted by the Administrative Review Tribunal (ART) or the former Administrative Appeals Tribunal for reconsideration, and applications where the tribunal set aside a decision and substituted a new one. Direction 122 also excludes applications where it is "readily apparent that the criteria for grant of the visa would not be satisfied". Both exclude some later applications by family unit members who did not apply together with a primary applicant who was in Australia when they applied.

Both Directions let a decision-maker depart from the order in compelling circumstances, such as community safety or the continuity of essential religious, cultural or community services. Direction 121 adds Australia's international relations to that list.

The Directions speak about visa applications. The Home Affairs page and the text we read do not say anything about the order in which employer nominations or other sponsorship applications are processed, so this page does not say anything about that either.

Applications already lodged

Direction 122 states that it "applies to visa applications made, but not finally determined, before the commencement of this Direction, and to visa applications made on or after commencement." Direction 121 has the same provision. So an application lodged before 19 September 2026 that was still undecided is considered under the new order, not the old one.

That means a person who was in a middle tier under Direction 119 may now be in a different tier. The Directions do not say how many applications moved. Home Affairs publishes allocation dates and processing information on each visa page and notes that, while the department transitions to the new priorities, "published allocation dates and processing timeframes may fluctuate". Check the current figures on the visa page, because they change.

Common questions about being "in Australia" or "outside Australia"

Both Directions put onshore primary applicants ahead of offshore primary applicants in the non-priority tiers. The test is where the primary applicant was when the application was made. The Directions use the same meaning of "in Australia" and "outside Australia" as the Migration Act and Regulations.

Among offshore primary applicants, the higher tier is for those whose application is not combined with another person's application at any time. Applications that are combined with a primary applicant's application in a way the Regulations allow take the same priority as the primary applicant's.

Whether this affects your case depends on the facts. This page does not assess any application.

What is not decided yet and what to watch

As at 12 October 2026 these Directions are in force and have not been amended. Things to watch:

- Processing timeframes and allocation dates on each Home Affairs visa page, which the department says may move during the transition.
- Any further direction. Directions 119, 121 and 122 show the Minister replaces these documents often.
- The points test changes announced on 17 September for the permanent skilled program, which have no instrument yet. See our page on the points test and trades.
- The Coalition's announced policy would change the temporary skilled priority list to fast track construction and prioritise regional employer-sponsored migration (reported by the ABC on 6 October 2026). That is an opposition policy, not law.

For how Directions have worked before, see our page on how ministerial directions set processing priorities, and our page on what is real about skilled fast-tracking in 2026.

When did Directions 121 and 122 start?

Both were signed on 18 September 2026 and commenced the next day, 19 September 2026. Direction 121 revoked Direction 119 (dated 24 July 2026), and Home Affairs says 121 and 122 replaced all processing priorities under 119.

Which visas does Direction 122 cover?

The 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. Direction 121 covers the Skills in Demand 482 and the Temporary Skill Shortage 482. The 858 has its own Direction 120 and the 188 and 132 have Direction 114.

Do these Directions make it easier to qualify for a skilled visa?

No. Both say they do not change the skilled occupation lists, and applicants must still meet the Act and Regulations. The Directions only set the order in which applications are considered.

Does the order apply to applications I lodged before 19 September?

Yes, if they had not been finally decided. Direction 122 says it applies to applications made but not finally determined before it commenced, as well as to later ones. Direction 121 has the same wording.

Is the Specialist Skills stream treated differently?

Under Direction 121 only. Applications in the Specialist Skills stream of the Skills in Demand visa are the second tier, after the priority sectors. Direction 122 has no equivalent tier.

Is a nurse or aged care worker a priority occupation?

The Directions list healthcare occupations, including ANZSCO Health Professionals (Sub-Major Group 25) and the codes for Aged or Disabled Carer, Nursing Support Worker and Personal Care Assistant. Whether a specific application falls in the tier depends on the occupation code and facts, which an agent can check.

Are employer nominations covered?

The Directions refer to visa applications. The text we read and the Home Affairs page do not address the order for nominations, so we do not say anything about it.