Yes; Ministerial Direction 122 is not limited only to new applications. It applies to applications lodged on or after 19 September 2026, as well as to eligible cases lodged prior to that date that have not yet reached a final decision by the time the direction takes effect.
This is confirmed by Negin Safaee, Registered Migration Agent (MARA 1791573), based on the Department of Home Affairs’ official «Skilled visa processing priorities» page and the text of MD 122 itself: Ministerial Directions 121 (temporary skilled visas) and 122 (provisional and permanent skilled visas) have replaced all previous processing priorities under Ministerial Direction 119, and this new framework encompasses existing, pending cases.
A key point for applicants is that the «date of lodgement» is not fundamentally one of the prioritization criteria. The criteria are three-fold: the priority occupation or sector, the location of the primary applicant at the time of lodgement (onshore or offshore), and whether the application was lodged as a combined application. Consequently, pending cases are also reordered based on these new priority settings.
However, this does not mean older files are being cast aside. Within each priority category, the Department generally processes cases in order of lodgement date and publishes the lodgement dates being reached within each category. For instance, the published rankings show that Priority 1 (construction, health, teaching, agriculture, aquaculture, fisheries, resources, and law enforcement/defence) was being processed up to March 2026, Priority 2 (primary applicant onshore at the time of lodgement) up to January 2026, and Priority 3 (offshore and non-combined) up to February 2025. In other words, older files are reached in turn, but applicants outside of the priority sectors—especially those who were offshore at the time of lodgement—may be surpassed by later-lodged applications that fall within priority sectors.
A reassuring yet realistic reminder: these directions merely establish the order of processing; they are not a guarantee of visa approval nor do they promise specific processing timeframes. Accurately identifying your application’s position within these three categories is the best tool for making informed decisions about your next steps.
If you would like to know exactly which priority category your case falls into and what options are available to you, a brief and transparent discussion with Negin Safaee can help clarify your path forward.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on October 27, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.