Ministerial Directions 121 and 122: the new skilled visa processing priorities

On 19 September 2026 two new Ministerial Directions commenced. Together they replace Ministerial Direction 119. As a result, the order in which the Department processes skilled visas has changed, and it has changed for applications already lodged.

The Minister for Home Affairs flagged the change in his National Press Club address two days earlier. Our guide to the 17 September migration overhaul covers the rest of that speech. This article explains the two Directions.

Two Directions instead of one

Direction 119 set one order for temporary and permanent skilled visas together. The Minister said that approach sometimes held up temporary applications. Therefore, the Government has split the rules in two.

• Ministerial Direction 121 covers subclass 482 visa applications only.
• Ministerial Direction 122 covers certain provisional and permanent skilled visas.

The Minister signed both on 18 September 2026. Both commenced on 19 September 2026. The Department’s website confirms they have replaced all processing priorities under Direction 119.

Update, 22 September 2026: we have now read both Directions in full. Each priority sector is a defined list of ANZSCO groups and codes, not the whole sector. The complete lists, the family rule and six worked examples are in our full guide to Directions 121 and 122.

Direction 121: the order for subclass 482 visas

Direction 121 sets five priority groups, from highest to lowest.

1. Occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and the resources sector. This group also includes occupations related to Australia’s law enforcement or defence interests. It applies whether the applicant was in or outside Australia.
2. Applications in the Specialist Skills stream of the Skills in Demand visa. Again, location does not matter.
3. All other applications where the primary applicant was in Australia at lodgement.
4. All other applications where the primary applicant was outside Australia, and the application is not combined with another person’s.
5. All remaining applications.

Our guide to the Skills in Demand visa explains the streams.

Direction 122: provisional and permanent skilled visas

Direction 122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. It sets four priority groups.

1. The same priority occupations as Direction 121, whether the applicant was in or outside Australia.
2. All other applications where the primary applicant was in Australia at lodgement.
3. All other applications where the primary applicant was outside Australia, and the application is not combined with another person’s.
4. All remaining applications.

In addition, where a cap under section 85 of the Migration Act applies, the same order governs which applications receive priority.

Applications already lodged are re-ordered

This is the point that catches people out. Both Directions apply to applications made on or after 19 September 2026. However, they also apply to earlier applications that the Department had not finally determined by that date.

Consequently, an application lodged months ago now sits in the new order. For some applicants that is good news. For example, a farm manager or a mining engineer has moved to the top group. For others, the queue ahead has grown.

What changed from Direction 119

• First, the top group is wider. Agriculture, aquaculture, fishing and resources occupations have joined construction, healthcare and teaching.
• Second, the top group no longer separates onshore and offshore applicants.
• Third, Direction 121 gives the Specialist Skills stream its own priority group.
• Fourth, both Directions cover visa applications only. Direction 119 also covered nominations.
• Finally, both Directions include an exceptions provision, which Direction 119 did not.

The compelling circumstances exception

Under each Direction, a delegate must depart from the standard order where an application involves compelling circumstances. The examples are community safety and the continuity of essential religious, cultural or community services in Australia. Direction 121 also refers to Australia’s international relations.

The test is narrow. Even so, it gives employers and community organisations a formal basis to ask for priority in the right case.

Where the Directions do not apply

• Applications the Administrative Review Tribunal has remitted for reconsideration.
• Applications where the Tribunal has set aside a decision and substituted a new one.
• Applications where it is readily apparent the criteria would not be met.
• Certain applications by a family member of a primary visa holder that were not combined with the primary application.

What this means in practice

For employers

Employers in the priority sectors should see faster visa decisions. However, the Directions no longer set an order for nominations. We have not yet seen how the Department will order nomination processing. Our article on processing times for employers explains how to plan a start date.

For applicants outside the priority sectors

Location at lodgement now matters more. Onshore primary applicants sit ahead of offshore primary applicants. In addition, the text of both Directions confirms that an offshore primary applicant whose application is combined with another person’s application at any time falls into the final group. Therefore, offshore families outside the priority occupations should plan for a longer wait. Our full guide to Directions 121 and 122 works through this rule with examples.

For permanent visa applicants

The same order now applies to employer nominated and points tested visas. Our article on the 482 to 186 pathway explains how the permanent stage works.

Frequently asked questions

When did Directions 121 and 122 start?

Both Directions were signed on 18 September 2026 and commenced on 19 September 2026. They replaced Ministerial Direction 119.

Do the new priorities apply to my application lodged before 19 September?

Yes, if the Department had not finally determined it by that date. Applications on hand are re-ordered under the new priorities.

Which occupations are in the top priority group?

Occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and the resources sector, together with occupations related to law enforcement or defence interests.

Do the Directions cover nominations?

No. Both Directions cover visa applications only. Direction 119 also covered nominations.

Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.

Sources: MIA Notice 17 of 21 September 2026, and the Department of Home Affairs skilled visa processing priorities page, accessed 21 September 2026.

Find out where your application now sits

We can check which priority group applies and whether the exception is worth raising. Call 03 8108 8748 or email info@skylinemigrationlawyers.com.au.

This article is general information only. It is not legal advice. Please seek advice about your own circumstances before you act.