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New Skilled Visa Processing Priorities Under Ministerial Direction 122

From 19 September 2026, Ministerial Direction 122 introduced new processing priorities for certain provisional and permanent skilled visas, based mainly on occupation and applicant location at lodgement.

Ministerial Direction 122, signed on 18 September 2026 and commencing on 19 September 2026, establishes a new processing order for specified provisional and permanent skilled visa applications. It applies to new applications as well as relevant applications lodged before commencement that had not yet been finally determined.

The Direction does not change visa eligibility criteria or the composition of the skilled migration occupation lists. Instead, it determines the order in which covered visa applications are considered and disposed of by Department of Home Affairs decision-makers.

Direction 122 at a glance

Commenced 19 September 2026

The new processing framework commenced the day after the Direction was signed.

Highest priority Defined Priority 1 occupations

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

If Priority 1 does not apply Onshore applicants come next

Other primary applicants who were in Australia when the application was made fall within Priority 2.

Offshore applications Priority 3 has an extra condition

The application must not be combined with another person’s application at any time.

Existing applications Pending applications are also affected

The Direction applies to covered applications made before commencement if they had not been finally determined.

Visa eligibility Grant criteria are unchanged

Processing priority does not remove or reduce the requirements that must be met for visa grant.

Which visa subclasses are covered?

Direction 122 applies to the following visa classes and subclasses:

SubclassVisa
186 Employer Nomination Scheme
187 Regional Sponsored Migration Scheme
189 Skilled Independent
190 Skilled Nominated
191 Permanent Residence (Skilled Regional)
489 Skilled Regional Sponsored (Provisional)
491 Skilled Work Regional (Provisional)
494 Skilled Employer Sponsored Regional (Provisional)
887 Skilled (Residence)
888 Business Skills (Permanent)

Important: Direction 122 establishes the priority order for the covered visa applications. The instrument itself does not create a separate priority table for employer nomination applications.

The four processing priorities

1

Priority 1 — Highest

Primary applicants in defined Construction, Healthcare, Teaching, Agriculture/Aquaculture/Fishing or Resources occupations, or occupations related to Australia’s law enforcement or defence interests.

2

Priority 2 — Other onshore applicants

All other covered applications where the primary applicant was in Australia when the visa application was made.

3

Priority 3 — Certain offshore applicants

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

Priority 4 — Remaining applications

All other covered visa applications that do not fall within a higher priority category.

Location at lodgement matters: the Direction refers to whether the primary applicant was in or outside Australia at the time the application was made. The wording does not state that later travel into or out of Australia changes that original category.

Where another person’s visa application is validly combined with the primary applicant’s application in a way permitted by the Migration Regulations, the combined application receives the same processing priority as the primary applicant’s application.

Priority 1 occupations: how the definitions work

The Priority 1 categories are not simply broad industry labels. Direction 122 contains specific definitions. Some categories are based on ANZSCO groups, some depend on what the nominated position actually does, and some require a particular sponsorship or Australian defence or law-enforcement connection.

Do not rely on the employer’s industry alone. A person working for a construction, agricultural or resources business is not automatically Priority 1. The relevant occupation or nominated position must fit the definition in Direction 122.

The Direction does not rank the Priority 1 sectors against each other. A qualifying healthcare occupation, for example, is not given a higher Direction 122 priority merely because it is healthcare rather than construction or teaching.

Construction occupations

The Construction definition is broad. It includes entire ANZSCO groups and two specifically named electrical occupations.

ANZSCO code/groupOccupation or groupCoverage
33 Construction Trades Workers Sub-Major Group
82 Construction and Mining Labourers Sub-Major Group
1331 Construction Managers Unit Group
1332 Engineering Managers Unit Group
2321 Architects and Landscape Architects Unit Group
2332 Civil Engineering Professionals Unit Group
3121 Architectural, Building and Surveying Technicians Unit Group
3122 Civil Engineering Draftspersons and Technicians Unit Group
3126 Safety Inspectors Unit Group
3129 Other Building and Engineering Technicians Unit Group
3222 Sheetmetal Workers Unit Group
3223 Structural Steel and Welding Trades Workers Unit Group
7111 Clay, Concrete, Glass and Stone Processing Machine Operators Unit Group
7121 Crane, Hoist and Lift Operators Unit Group
7212 Earthmoving Plant Operators Unit Group
341111 Electrician (General) Specific occupation
341112 Electrician (Special Class) Specific occupation

Related Shada occupation profiles: Civil Engineer (233211) is one occupation within Civil Engineering Professionals, and Electrician (General) (341111) is specifically named in the Direction. These profile links provide occupation-specific migration information; the Direction itself determines whether the Priority 1 definition is met.

Healthcare occupations

ANZSCO code/groupOccupation or groupCoverage
25 Health Professionals Sub-Major Group
411 Health and Welfare Support Workers Minor Group
2346 Medical Scientists Unit Group
2721 Counsellors Unit Group
2723 Psychologists Unit Group
2725 Social Workers Unit Group
3112 Medical Technicians Unit Group
423111 Aged or Disabled Carer Specific occupation
423312 Nursing Support Worker Specific occupation
423313 Personal Care Assistant Specific occupation

Example occupation profile: Clinical Psychologist (272311) is one occupation within ANZSCO Unit Group 2723 — Psychologists.

Teaching occupations

ANZSCO code/groupOccupation or groupCoverage
241 School Teachers Minor Group
1341 Child Care Centre Managers Unit Group
134311 School Principal Specific occupation
134411 Faculty Head Specific occupation
242111 University Lecturer Specific occupation
242211 Vocational Education Teacher (AUS) / Polytechnic Teacher (NZ) Specific occupation
421111 Child Care Worker Specific occupation

Agriculture, aquaculture and fishing occupations

This category is defined mainly by the work performed by the nominated position rather than by a closed list of ANZSCO codes.

Crops Cultivation, production and harvesting

Positions directly involved in cultivation, production or harvesting of crops can fall within the definition.

Fishing, livestock, poultry and seafood Capture, breeding, raising, management or production

The definition extends to fishing and to production activities involving livestock, poultry, seafood and other primary agricultural products.

Production support Activities that support agricultural productivity

Examples include animal health, irrigation, quality assurance, inspection and farm supervision.

Primary produce processing Specified processing and preparation activities

The definition includes specified slaughtering, dressing, boning, slicing, processing, preparation or inspection of primary agricultural products.

Key point: the nominated position must be directly involved in primary produce production or supporting productivity. Employment by an agricultural business alone does not necessarily establish Priority 1.

Resources sector occupations

For the Resources definition, the nominated position must directly support exploration, extraction or production of minerals, oil and gas, or coal resources, including mine closure, decommissioning and rehabilitation. The Direction then identifies the following occupation groups and occupations.

ANZSCO code/groupOccupation or groupCoverage
2336 Mining Engineers Unit Group
2344 Geologists, Geophysicists and Hydrogeologists Unit Group
7122 Drillers, Miners and Shot Firers Unit Group
133513 Production Manager (Mining) Specific occupation
232212 Surveyor Specific occupation
232214 Other Spatial Scientist Specific occupation
234912 Metallurgist Specific occupation
323211 Fitter (General) Specific occupation
323212 Fitter and Turner Specific occupation
323213 Fitter-Welder Specific occupation
323214 Metal Machinist (First Class) Specific occupation
323299 Metal Fitters and Machinists nec Specific occupation

Resources context matters: a listed occupation should not automatically be treated as Priority 1 without considering whether the nominated position directly supports the resources activities described in the Direction.

Occupations related to Australia’s law enforcement interests

This category is narrower than simply working in a law-enforcement-related role.

RequirementDirection 122 definition
Occupation ANZSCO Unit Group 4413 — Police.
Nomination or sponsorship The applicant must be nominated or sponsored by the Australian Federal Police, New South Wales Police Force, Northern Territory Police Force, Queensland Police Service, South Australia Police, Tasmania Police, Victoria Police, or Western Australia Police Force.

Occupations related to Australia’s defence interests

The defence category covers specified defence connections rather than every occupation performed by a business that supplies the defence sector.

Pathway within the definitionWhat is required
AUKUS The occupation is in relation to, or supports the delivery of, AUKUS Pillar I or AUKUS Pillar II.
ADF / Department of Defence nomination or sponsorship The applicant is nominated or sponsored by the Australian Defence Force or the Department of Defence.
Letter of support The applicant has a letter of support from the ADF or Department of Defence and will ordinarily undertake the occupation at a defence facility, or the occupation supports production or supply of defence-related material or technology.

Explore occupation profiles: Shada maintains occupation-specific migration pages across the skilled occupation directory. Where an exact profile has been verified, selected occupation names above link directly to it. You can also browse the Skilled Occupation List directory.

Historical SkillSelect research

Research your occupation with PointsView

For people considering points-tested skilled migration pathways, Shada PointsView provides historical SkillSelect information for individual occupations. This can help you review how an occupation has appeared in published EOI and invitation data over time.

Subclass 189 Historical Skilled Independent information where available.
Subclass 190 Historical State-nominated SkillSelect information where available.
Subclass 491 Historical regional SkillSelect information where available.

Important: historical information does not predict invitations, guarantee a visa outcome or establish migration eligibility. Direction 122 processing priority is a separate issue.

Search PointsView occupation reports

How family members can affect an offshore application

This is one of the most important practical features of Direction 122. Priority 3 is not simply an “offshore” category. The primary applicant must have been outside Australia when the application was made and the application must not be combined with another person’s application at any time.

Primary applicant at lodgementFamily application combined?Ordinary category if Priority 1 does not apply
In Australia No Priority 2
In Australia Yes Priority 2 for the primary applicant; validly combined family applications receive the same priority.
Outside Australia No Priority 3
Outside Australia Yes Priority 4 for the primary applicant if Priority 1 does not apply, because the Priority 3 condition is not met; validly combined family applications receive the same priority as the primary applicant.

Why this matters: an offshore primary applicant outside Priority 1 should not assume that being offshore automatically means Priority 3. The combined-application wording must also be considered.

Practical case studies

The following simplified examples illustrate how the wording of Direction 122 may operate. They are not Departmental determinations and the actual priority of an application depends on the facts of the individual matter.

Case study 1

Subclass 186 Registered Nurse — offshore with spouse

Likely Priority 1

Situation: A Registered Nurse lodges a Subclass 186 visa application while outside Australia and includes a spouse in a combined application.

Analysis: Registered Nurses fall within ANZSCO Sub-Major Group 25 — Health Professionals. Because the application falls within Priority 1, the ordinary offshore/combined-family distinction does not reduce the primary applicant to a lower category. A validly combined spouse application receives the same priority as the primary applicant.

Case study 2

Subclass 190 Accountant — onshore

Likely Priority 2

Situation: An Accountant lodges a Subclass 190 application while physically in Australia. Assume the occupation does not otherwise fall within a Priority 1 definition.

Analysis: The primary applicant was in Australia when the application was made, so the application ordinarily falls within Priority 2.

Case study 3

Subclass 190 ICT professional — offshore and applying alone

Likely Priority 3

Situation: An ICT professional outside Priority 1 lodges a Subclass 190 application while outside Australia and does not combine the application with another person’s application.

Analysis: Both elements of the offshore Priority 3 wording are satisfied.

Case study 4

Subclass 190 ICT professional — offshore with spouse

Likely Priority 4

Situation: The same applicant lodges offshore, but the application is combined with the spouse’s application.

Analysis: The primary applicant does not satisfy the additional Priority 3 requirement that the application not be combined with another person’s application at any time.

Case study 5

Subclass 491 Civil Engineer — offshore with family

Likely Priority 1

Situation: A Civil Engineer lodges a Subclass 491 application offshore and includes family members.

Analysis: Civil Engineering Professionals are expressly included as ANZSCO Unit Group 2332 within the Construction definition. Priority 1 therefore applies before the ordinary offshore-family distinction.

View the Civil Engineer occupation profile

Case study 6

Subclass 494 applicant in a non-priority occupation — onshore

Likely Priority 2

Situation: A Subclass 494 primary applicant lodges while in Australia, but the nominated occupation is outside Priority 1.

Analysis: Regional employer sponsorship is not itself listed as a separate higher category in Direction 122. The applicant’s onshore location at lodgement therefore places the application in Priority 2.

Case study 7

Subclass 191 applicant — onshore

Likely Priority 2 unless Priority 1 applies

Situation: A Subclass 191 primary applicant lodges while in Australia and does not otherwise establish Priority 1.

Analysis: Subclass 191 is expressly covered by Direction 122, and the ordinary onshore category applies where Priority 1 does not.

Case study 8

Subclass 186 non-priority occupation — offshore with family

Likely Priority 4

Situation: A primary applicant in an occupation outside Priority 1 lodges a Subclass 186 application outside Australia and combines the application with a spouse and child.

Analysis: Employer sponsorship itself is not a separate Priority 1 criterion under Direction 122, and the combined application means the primary applicant does not meet the Priority 3 condition.

What does not automatically create a higher priority?

Direction 122 does not list the following matters as separate processing-priority categories:

State or Territory nomination A regional visa subclass Employer sponsorship by itself DAMA support by itself A higher points score Earlier lodgement by itself

These matters may be highly relevant to visa eligibility, nomination, sponsorship or other processing arrangements. The point is narrower: they are not stated as separate priority levels in the four-level Direction 122 visa-processing hierarchy.

Does State nomination or a regional visa automatically outrank another skilled visa?

No separate Direction 122 priority is created simply because an application is for Subclass 190, 491 or 494. For example, a Subclass 491 application in a Priority 1 occupation may receive the highest processing priority, while a Subclass 491 application outside Priority 1 is considered under the same onshore/offshore hierarchy that applies to other covered visa applications.

Existing applications are also affected

Direction 122 applies to covered visa applications made before 19 September 2026 that had not been finally determined, as well as applications made on or after commencement.

This means that a pending application can be subject to the new processing hierarchy even though it was lodged before Direction 122 came into effect.

Technical provisions and exceptions

Exclusions Some applications sit outside the ordinary framework

The Direction contains technical exclusions, including certain tribunal-remitted matters, certain cases where the grant criteria are readily not met, and certain separately lodged family-unit applications.

Section 85 caps A higher priority does not override a statutory cap

Where a section 85 cap applies, covered applications are still prioritised under Direction 122, but the processing priority does not remove the cap.

Compelling circumstances A delegate can depart from the normal order in limited cases

The Direction refers to compelling circumstances affecting community safety or continuity of essential religious, cultural or community services in Australia.

Tribunal and family-member cases can be technical. Applicants with an ART/AAT history, a remitted application or a separately lodged family-member application should check the actual terms of Direction 122 rather than assuming the ordinary four-level hierarchy applies.

Frequently Asked Questions

Does Priority 1 guarantee a fast visa decision?

No. Direction 122 establishes relative processing priority. It does not guarantee a particular processing time or visa outcome.

Does Direction 122 change the requirements for a visa grant?

No. The Direction does not change the skilled migration occupation lists or the legal criteria that must be satisfied for visa grant.

Is a Subclass 190 application automatically ahead of a Subclass 189 application?

No. Direction 122 does not rank Subclass 190 above Subclass 189 merely because one is State nominated. The applicable priority depends on the four-level framework in the Direction.

Is every construction job Priority 1?

No. The occupation must fall within the Construction definition in Direction 122. The Direction identifies particular ANZSCO groups and two specifically named electrical occupations.

Is every mining or resources worker Priority 1?

No. The Resources definition requires the nominated position to directly support specified resources activities and also identifies particular ANZSCO groups and occupations.

Does being offshore automatically mean Priority 3?

No. A primary applicant outside Priority 1 must have been outside Australia when the application was made and the application must not be combined with another person’s application at any time.

Can including a spouse or child affect the priority of an offshore application?

Potentially, yes. For a primary applicant outside Priority 1, the Priority 3 wording requires that the application not be combined with another person’s application at any time. A validly combined family application receives the same priority as the primary applicant.

Does Direction 122 apply to applications lodged before 19 September 2026?

Yes, where the visa application is covered by the Direction and had not been finally determined before commencement.

Does a DAMA application automatically receive higher priority?

DAMA status is not listed as a separate processing-priority level in Direction 122. A DAMA-related applicant may nevertheless fall within Priority 1 if the relevant occupation or position satisfies one of the Priority 1 definitions.

Can a family member receive the same priority as the primary applicant?

Yes. Where the family member’s visa application is validly combined with the primary applicant’s application, the Direction gives the combined application the same priority as the primary applicant’s application.

Official sources

For current information, refer to the Department of Home Affairs page on Skilled visa processing priorities and the official Ministerial Direction 122.

General information only: this article does not constitute immigration advice for an individual matter. The applicable processing category can depend on the visa subclass, occupation, nominated position, applicant location at lodgement, family application structure and other facts. Processing arrangements may also change.

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