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Ministerial Direction 122 New Skilled Visa Priorities

Ministerial Direction 122 Explained: New Skilled Visa Processing Priorities From 19 September 2026

Priyanshu Rana
Priyanshu Rana

From 19 September 2026, a new set of rules decides which skilled visa applications the Department of Home Affairs looks at first. Ministerial Direction 122 now governs the processing order for ten permanent and provisional skilled visas, including the subclass 189, 190, 491, 186 and 494. If you are one of the many onshore applicants who have been relying on the old order under Ministerial Direction 119, this changes where your file sits in the queue. Here is what actually changed, in the Department's own words, and what it does not change.

What Changed on 19 September 2026

Ministerial Direction 119 has been replaced. Home Affairs states plainly on its skilled visa processing priorities page that "Ministerial Directions 121 and 122 have replaced all processing priorities under Ministerial Direction 119" and that both directions "came into effect on 19 September 2026." Ministerial Direction 121 covers the temporary Skills in Demand subclass 482 visa, and Ministerial Direction 122 covers ten longer-term skilled pathways.

This is not a proposal or a discussion paper. It is a Ministerial Direction already in effect, published by the Department itself. Migration Star has verified the wording directly on the Home Affairs website as at 22/09/2026, current at the time of writing.

The change follows the Minister for Home Affairs' National Press Club address on 17 September 2026, where he foreshadowed "updating" the priority list and "adding to the priority list in full construction, agriculture, fisheries, resources and teaching." Two days later, that intention became a registered Ministerial Direction that decision-makers must follow.

For applicants and sponsors, the practical effect is immediate. A decision maker assessing an application lodged before 19/09/2026 now applies the new order, not the order that applied when the application was originally lodged. The date you lodged still matters for other purposes, but where your file sits in the processing queue is governed by whichever direction is in force on the day it is assessed.

The MD 122 Order, in the Department's Own Words

Home Affairs has published a clear four-step order for applications covered by Ministerial Direction 122. In summary, the Department processes:

  • Applications relating to the construction, healthcare, teaching, agriculture, aquaculture, fishing or resources sectors, or Australia's law enforcement and defence interests
  • Applications from primary applicants who were in Australia when they lodged
  • Applications from primary applicants outside Australia who did not lodge a combined application
  • All other applications

This order matters because a case that used to sit in a general onshore queue may now be assessed after a case in one of the seven named sectors, regardless of which visa subclass either applicant holds. Being onshore is still an advantage under the new direction, but it is no longer automatically the top tier.

For employers sponsoring a subclass 186 or 494 candidate, this also affects planning. A nomination and visa application tied to a listed sector may be assessed sooner than an otherwise similar case outside those sectors, even where both were lodged around the same time. Sequencing your nomination and visa application correctly remains important regardless of which tier applies, since a processing priority only ever attaches to a validly lodged application.

Which Visas Ministerial Direction 122 Covers

MD 122 applies to ten subclasses: the Employer Nomination Scheme (186), Regional Sponsored Migration Scheme (187), Skilled Independent (189), Skilled Nominated (190), Permanent Residence (Skilled Regional) (191), Skilled Regional Provisional (489), Skilled Work Regional Provisional (491), Skilled Employer Sponsored Regional Provisional (494), Skilled Regional (887) and Business Innovation and Investment Permanent (888) visas.

If your application sits in any of these subclasses, the queue you are in has changed as of 19/09/2026, even if nothing about your own eligibility, points score or nomination has moved.

Employers and applicants using the subclass 482 program should note that a separate but related direction, Ministerial Direction 121, applies instead. Migration Star has previously written about processing priority for the 482 program; that earlier post now needs to be read alongside this update, since the direction it described has itself been superseded.

Priority Sectors: How to Tell If Your Application "Relates To" One

The seven named sectors are construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, plus applications tied to Australia's law enforcement and defence interests. Home Affairs has confirmed this list in the exact wording quoted above.

What the Department has not yet published, as at the date of writing, is a detailed test for how an individual application is identified as "relating to" one of these sectors, for example whether that depends on the applicant's nominated occupation, the sponsoring employer's industry, or a specific schedule of occupations attached to the direction. Migration Star checked the direction itself, and it did not render as readable text on a live attempt today.

Until that detail is published or confirmed, applicants and sponsors should not assume their occupation or industry is or is not covered based on guesswork. This is exactly the kind of question worth putting to a registered migration agent before you lodge, rather than after.

Occupations that sit close to more than one sector, for example a tradesperson working across construction and resources projects, or a health support role that is not itself a clinical occupation, are the cases most likely to need a considered view rather than a quick assumption. Where the classification is not obvious, it is worth raising with your sponsor and your adviser before you finalise a nomination or visa application, not afterwards.

What MD 122 Keeps From MD 119

The broad shape of the old direction survives in one respect. Being in Australia when you lodge your application still moves you ahead of most offshore applicants, just as it did under Ministerial Direction 119. What has changed is that this onshore advantage now sits below, not above, the seven named priority sectors.

In practice, an onshore 190 or 491 applicant outside those sectors keeps a real advantage over an equivalent offshore applicant. They simply no longer sit at the very top of the queue if a sector-listed application is also on hand.

What a Processing Priority Does Not Change

It is worth being direct about the limits of this announcement. A processing priority under Ministerial Direction 122 changes the order in which the Department looks at applications. It does not change:

  • Whether you meet the criteria for your visa subclass
  • Your points score under the points test
  • Whether your nomination or sponsorship is approved
  • Whether, or when, you receive an invitation to apply under the skilled points-tested program

Migration outcomes continue to depend on individual circumstances, and are subject to Department requirements being met in full. Faster processing order is not a guarantee of a favourable outcome, and Migration Star does not represent it as one.

Separately, the Minister also flagged an intended change to the points test itself, so that housing trades qualifications would attract the same points as a university qualification. This has been announced but, as at the date of writing, has no commencement date and no registered instrument. It is not yet in effect and should not be relied on for a current application.

A Brisbane Action Plan for the Rest of 2026-27

For onshore applicants and Brisbane employers navigating the 189, 190, 491, 186 and 494 pathways, a few practical steps make sense while the detail of "relating to" a sector settles.

  • Confirm your current application status and which processing priority tier it now falls under
  • Check whether your nominated occupation or your employer's industry has any published link to the seven named sectors
  • Keep your evidence file current, since a change in processing order does not remove the need for complete, accurate documentation
  • Avoid making onward decisions, such as travel or employment changes, based on an assumed processing timeframe

None of this changes the fundamentals of a well-prepared application: a genuine, correctly nominated occupation, a compliant sponsor where relevant, and evidence that answers the criteria for your specific visa subclass.

It is also worth remembering that Ministerial Direction 122 sits alongside, not instead of, the ordinary rules for each visa subclass. A points-tested applicant still needs an invitation before lodging a subclass 189, 190 or 491 application, and an employer-sponsored applicant still needs an approved nomination. A favourable processing tier does not shortcut either requirement, and Migration Star will continue monitoring for any further Tier 1 updates on how the direction is applied in practice.

Where Migration Star Can Help

Migration Star has been tracking Ministerial Directions 119, 121 and 122 as they take effect, and can help you work out where your application, or your business's sponsorship pipeline, now sits under the new order. Principal agent Rohit Sharma, MARA No. 1797395, has advised Brisbane employers and applicants across the 189, 190, 491, 186 and 494 pathways. If you are unsure how this change affects your specific matter, book a short consultation before you make any decision based on assumed processing times.

Ready to check where you stand under Ministerial Direction 122? Get a free Migration Eligibility Assessment: https://www.migrationstar.com.au/eligibility-assessment

Prefer a deeper look at your file? Book a 30-minute Migration Consultation (AUD 165): https://meetings-ap1.hubspot.com/rohit-sharma

Call Migration Star on 07 3519 5619, or visit us at Level 2, 8 Clunies Ross Court, Eight Mile Plains QLD 4113.

Learn more about our services, or reach out to us with your questions. You may also find our earlier posts on Subclass 482 processing priority under MD 119 and skills assessment for 189, 190 and 491 visas useful background reading.

Information current as at 22/09/2026. Migration Star is a registered migration practice. Principal agent Rohit Sharma, MARA No. 1797395. Migration outcomes depend on individual circumstances. Visa criteria may change. This article is general information only and does not constitute migration advice. For advice on your specific situation, book a consultation at migrationstar.com.au.

Migration Star | MARA No. 1797395 | migrationstar.com.au | 07 3519 5619

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