Ministerial Direction 122: New Processing Priorities for Permanent and Provisional Skilled Visas in Australia
Australia has introduced a new processing priority framework for certain permanent and provisional skilled visas under Ministerial Direction 122 (MD122).
Signed by the Minister for Home Affairs, Immigration and Citizenship, Tony Burke, on 18 September 2026, Direction 122 commenced the following day on 19 September 2026.
Together with Ministerial Direction 121, the new Direction replaces the skilled visa processing priorities previously operating under Ministerial Direction 119. While MD121 applies to temporary skilled visas, including the Skills in Demand visa (subclass 482), MD122 applies to a range of permanent and provisional skilled visas.
The change is particularly important for applicants working in designated priority sectors and for skilled migrants who were already in Australia when they lodged their visa application.
What Is Ministerial Direction 122?
Ministerial Direction 122 is formally titled “Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas.”
It was issued under section 499 of the Migration Act 1958 and directs relevant decision-makers on the order in which specified skilled visa applications should be considered.
Importantly, MD122 changes processing priority, not the eligibility requirements for these visas.
The Direction specifically states that it does not change the composition of skilled migration occupation lists. Applicants must still satisfy the relevant requirements under Australia’s migration legislation before a visa can be granted.
The Direction also applies to relevant applications lodged before 19 September 2026 that had not yet been finally determined, as well as applications made from its commencement.
Which Visas Are Covered by Direction 122?
Direction 122 applies to ten provisional and permanent skilled visa subclasses:
| Subclass | Visa |
| 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) |
The complete list appears in the Schedule on page 7 of Direction 122. md-122 (1)
Subclass 482 is not covered by MD122. Temporary skilled visa processing, including the Skills in Demand (subclass 482), is dealt with separately under Ministerial Direction 121.
What Is the New Processing Priority Order?
Under MD122, relevant applications are divided into four levels of processing priority.
Priority 1 – Key Sectors and National Interest Occupations
The highest priority is given to primary applicants whose nominated position falls within specified occupations relating to:
- Construction
- Healthcare
- Teaching
- Agriculture
- Aquaculture
- Fishing
- Resources
- Australia’s law enforcement interests
- Australia’s defence interests
This priority applies before the general distinction between applicants who lodged onshore and offshore.
The actual definitions are important. MD122 does not simply say that anyone employed by a company operating in one of these industries automatically receives Priority 1.
For example, the Direction defines particular ANZSCO groups and occupations that qualify as Construction occupations, including Construction Trades Workers, Construction Managers, Civil Engineering Professionals, certain building and engineering technicians, structural steel and welding trades workers, crane operators and electricians.
Healthcare similarly includes specified groups and occupations such as Health Professionals, Medical Scientists, Counsellors, Psychologists, Social Workers, Aged or Disabled Carers, Nursing Support Workers and Personal Care Assistants.
Teaching includes specified teaching occupations as well as School Principals, University Lecturers, Vocational Education Teachers and Child Care Workers.
Applicants should therefore determine whether their actual nominated occupation falls within the definition contained in MD122, rather than relying only on the general industry in which they work.
Priority 2 – Other Applicants Who Lodged in Australia
Where Priority 1 does not apply, the next priority is given to other visa applications where the primary applicant was in Australia at the time the application was lodged.
This preserves an important onshore priority within the skilled migration processing framework.
The preamble to MD122 explains that, outside the designated priority sectors, priority is afforded to skilled migrants already contributing to Australia before other applicants.
Priority 3 – Certain Offshore Primary Applicants
The third priority applies 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.
Applications that do not fall within the first three categories are placed into the fourth and lowest priority group. Home Affairs currently publishes the same four-level hierarchy in its skilled visa processing guidance.
What Happens to Family Members Included in an Application?
Direction 122 also deals specifically with combined applications.
Where an application is validly combined with the primary applicant’s application in accordance with the Migration Regulations, it is given the same processing priority as the primary applicant’s application.
This is relevant to family members included as secondary applicants in a skilled visa application.
Does Priority Processing Mean Faster Visa Approval?
Not necessarily.
MD122 determines the order in which applications are considered and processed. It does not guarantee a specific processing time and does not make an applicant more likely to satisfy the criteria for visa grant.
An applicant receiving Priority 1 must still satisfy all relevant requirements for their particular visa.
Likewise, an application receiving a lower processing priority has not been refused or assessed as weaker. It simply sits at a different level within the Department’s processing framework.
What Does MD122 Mean for Skilled Visa Applicants?
For applicants with pending or planned applications for visas such as 186, 189, 190, 491 and 494, there are now two particularly important questions:
First, does your nominated occupation fall within one of the specifically defined Priority 1 sectors or national-interest categories?
Second, if it does not, were you physically in Australia when you lodged your application?
These factors can affect where an application sits within the processing hierarchy.
Because MD122 also applies to applications lodged before its commencement that had not been finally determined, some existing applicants may now find their application positioned differently under the new framework.
However, applicants generally do not need to lodge a new application simply because the processing priority framework has changed.
Key Takeaway
From 19 September 2026, Ministerial Direction 122 establishes a new processing order for specified permanent and provisional skilled visas.
The highest priority is now given to specified occupations in Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing and Resources, together with occupations connected to Australia’s law enforcement and defence interests.
Outside these priority categories, applicants who were in Australia when they lodged their application receive the next level of priority.
Most importantly, MD122 should be understood as a change to visa processing order — not visa eligibility criteria, occupation lists or the requirements for visa grant.
Applicants with a pending or planned skilled visa application should review how the new Direction applies to their nominated occupation, location at the time of lodgement and visa subclass.
EMK Global Education & Migration can assist skilled migration applicants in reviewing their circumstances and understanding available visa pathways under Australia’s current skilled migration framework.
Disclaimer: This information is provided for general information and educational purposes only. It does not constitute immigration or legal advice. Visa requirements and policies may change, and individual circumstances vary. Please seek advice from a registered migration agent or qualified professional before making any visa or immigration decisions.
Source: Department of Home Affairs